[Ord. No. 2974 §1(Art. 2 §15), 11-2-2004; Ord. No. 3114 §§1—2, 10-17-2006; Ord. No. 3127 §1, 1-16-2007]
Unless otherwise specifically provided or unless clearly required by the context, the words and phrases defined in this Section shall have the meaning indicated when used in these regulations.
(See Section 400.540).
(See Section 400.165).
An establishment that has as a substantial portion of its stock in trade and offers for sale, for any form of consideration, any one (1) or more of the following:
Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes, slides or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
Instruments, devices or paraphernalia that are designed for use in connection with sexual activities.
A nightclub, bar, restaurant or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, video cassettes, slides or other photographic reproductions in which a substantial portion of the total presentation is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
Equipment designed to transmit or receive electronic signals.
The flood having a one percent (1%) chance of being equaled or exceeded in any given year. Also known as the 100-year flood.
A residential use consisting of at least one (1) dwelling unit together with more than two (2) rooms that are rented or are designed or intended to be rented but which rooms, individually or collectively, do not constitute separate dwelling units. A rooming house or boarding house is distinguished from a tourist home in that the former is designed to be occupied by longer term residents (at least month-to-month tenants) as opposed to overnight or weekly guests.
Board of Aldermen, City of Sullivan, Missouri.
A structure designed to be used as a place of occupancy, storage or shelter.
A minor building that is located on the same lot as a principal building and that is used incidentally to a principal building or that houses an accessory use. A storage building may not be a manufactured house (mobile home) or an over the road truck trailer.
The primary building on a lot or a building that houses a principal use.
Whenever these regulations require that some agency certify the existence of some fact or circumstance to the City, the City may require that such certification be made in any manner that provides reasonable assurance of the accuracy of the certification. By way of illustration and without limiting the foregoing, the City may accept certification by telephone from some agency when the circumstances warrant it or the City may require that the certification be in the form of a letter or other document.
That portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area.
City of Sullivan, Missouri.
A use consisting of a combination on one (1) lot of two (2) or more principal uses separately listed in the Table of Permissible Uses, Section 400.530. (Under some circumstances, a second (2nd) principal use may be regarded as accessory to the first (1st) and thus a combination use is not established. See Section 400.540. In addition, when two (2) or more separately owned or separately operated enterprises occupy the same lot and all such enterprises fall within the same principal use classification, this shall not constitute a combination use.)
A structure designed for the support of one (1) or more antennae and including guyed towers, self-supporting (lattice) towers or monopole but not disguised support structures or buildings. Includes radio and television transmitting and receiving towers with accessory transmitting stations. This does not include a cable television (CATV) tower which receives the signals of ordinary TV broadcasting stations, amplifies them, transmits them by cable or microwave and ultimately distributes them by wire to the receivers of its subscribers. This definition shall not restrict the right of governmental or municipal agencies to locate such towers for their own specific needs and shall not include amateur radio stations or public utilities regulated by the Missouri Public Service Commission.
A permit issued by the Sullivan Planning and Zoning Commission that authorizes the recipient to make use of property in accordance with the requirements of these regulations as well as any additional requirements imposed by the Planning and Zoning Commission.
A one-story, retail store containing less than five thousand (5,000) square feet of gross floor area that is designed and stocked to sell primarily food, beverages and other household supplies to customers who purchase only a relatively few items (in contrast to a "supermarket"). It is designed to attract and depends upon a large volume of stop-and-go traffic. Illustrative examples of convenience stores are those operated by the "Quik Trip" and "7-11" chains.
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, where care is provided for children not related to the child care provider for any part of the twenty-four (24) hour day.
[Ord. No. 3859, 8-6-2019]
A family day care home or home, whether known or incorporated under another title or name, is a child care program where care is given by a person licensed as a day care home provider for no more than ten (10) children not related to the provider for any part of the twenty-four (24) hour day. The provider may be licensed to operate no more than one (1) family day care home or group day care home.
[Ord. No. 3859, 8-6-2019]
A group day care home, whether known or incorporated under another title or name, is a child care program where care is given by a person licensed as a group day care home provider for eleven (11), but not more than twenty (20), children not related to the child care provider for any part of the twenty-four (24) hour day. A group day care home shall be in a location other than the provider's permanent residence or separate from the provider's living quarters. The provider may be licensed to operate no more than one (1) group day care home or family day care home.
[Ord. No. 3859, 8-6-2019]
A person who is responsible for any undertaking that requires a zoning permit, conditional use permit or sign permit.
That which is to be done pursuant to a zoning permit, conditional use permit or sign permit.
A non-conforming situation that occurs when the height, size or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.
That portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area.
Paved access that is not necessarily built to street standards but is simply a normal residential driveway, privately owned and maintained, that extends and branches off to several homes. The shared driveway can connect to an access street or subcollector at a right angle and shall meet minimum fire code requirements. This method may serve up to four (4) lots and shall be wide enough for two (2) cars to pass, i.e., twenty (20) feet or larger.
See "RESIDENCE, DUPLEX".
An enclosure containing sleeping, kitchen and bathroom facilities designed for and used or held ready for use as a permanent residence by one (1) family. A manufactured home (mobile home) or modular home shall be considered a dwelling unit.
A sum of money paid out in return for some benefit or to fulfill some obligation. The term also includes binding contractual commitments to make future expenditures, as well as any other substantial changes in position.
One (1) or more persons living together as a single housekeeping unit.
Any land area susceptible to be inundated by water from the base flood. As used in these regulations, the term refers to that area designated as subject to flooding from the base flood (100-year flood) on the Flood Boundary and Floodway Map prepared by the Federal Emergency Management Agency, a copy of which is on file in the Engineering Department.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. As used in these regulations, the term refers to that area designated as a floodway on the Flood Boundary and Floodway Map prepared by the Federal Emergency Management Agency, a copy of which is on file in the Engineering Department.
The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.
Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation or any combination thereof. A floor used only for storage is not a habitable floor.
A home for not more than nine (9) persons who have demonstrated a tendency toward alcoholism, drug abuse, mental illness or antisocial or criminal conduct, together with not more than two (2) persons providing supervision and other services to such persons, eleven (11) of whom live together as a single housekeeping unit.
A residence within a single dwelling unit for at least six (6) but not more than nine (9) persons who are physically or mentally handicapped or infirm, together with not more than two (2) persons providing care or assistance to such persons, all living together as a single housekeeping unit. Persons residing in such homes, including the aged and disabled, principally need residential care rather than medical treatment.
An institutional facility housing and providing care or assistance for more than nine (9) persons who are physically or mentally handicapped or infirm. Persons residing in such homes, including the aged or disabled, principally need residential care rather than medical treatment.
All uses in the 2.000 classification other than low-volume traffic generation uses.
A commercial activity that:
Is conducted by a person on the same lot (in a residential district) where such person resides; and
Is not so insubstantial or incidental or is not so commonly associated with the residential use as to be regarded as an accessory use (see Section 400.540), but that can be conducted without any significantly adverse impact on the surrounding neighborhood.
Without limiting the generality of the foregoing, a use may not be regarded as having an insignificantly adverse impact on the surrounding neighborhood if: | |
1. | Goods, stock in trade or other commodities are displayed outside any building or structure; |
2. | Any on-premises retail sales occur; |
3. | More than one (1) person not a resident on the premises is employed in connection with the purported home occupation; |
4. | It creates objectionable noise, fumes, odor, dust or electrical interference; or |
5. | More than twenty-five percent (25%) of the total gross floor area of residential buildings plus other buildings housing the purported home occupation or more than five hundred (500) square feet of gross floor area (whichever is less) is used for home occupation purposes. |
The following is a non-exclusive list of examples of enterprises that may be home occupations if they meet the foregoing definition criteria: | |
1. | The office or studio of a physician, dentist, artist, musician, lawyer, architect, engineer, teacher or similar professional; |
2. | Workshops, greenhouses or kilns; |
3. | Dressmaking or hairdressing studios. |
A facility maintained for the purpose of providing accommodations for not more than seven (7) occupants needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirm.
An institutional facility maintained for the purpose of providing accommodations for more than seven (7) persons needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirm.
A commercial operation that:
That portion of the vehicle accommodation area used to satisfy the requirements of Section 400.915.
A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or a recorded map and which is recognized as a separate legal entity for purposes of transfer of title.
If a public body or any authority with the power of eminent domain condemns, purchases or otherwise obtains fee simple title to or a lesser interest in a strip of land cutting across a parcel of land otherwise characterized as a lot by this definition and the interest thus obtained or the street so created is such as effectively to prevent the use of this parcel as one (1) lot, then the land on either side of this strip shall constitute a separate lot.
The total area circumscribed by the boundaries of a lot, except that:
When the legal instrument creating a lot shows the boundary of the lot extending into a public street right-of-way, then the lot boundary for purposes of computing the lot area shall be the street right-of-way line or if the right-of-way line cannot be determined, a line running parallel to and thirty (30) feet from the center of the travel portion of the street; and
In a residential, when a private road that serves more than four (4) dwelling units is located along any lot boundary, then the lot boundary for the purposes of computing the lot area shall be the inside boundary of the travel portion of that road.
Uses such as furniture stores, carpet stores, major appliance stores, etc., that sell items that are large and bulky, that need a relatively large amount of storage or display area for each item offered for sale and that therefore generate less customer traffic per square foot of floor space than stores selling smaller items.
A factory-built structure or structures which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site, contains three hundred twenty (320) or more square feet, equipment with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the manufactured home placed thereon may be moved from time to time at the convenience of the owner. The term "mobile home" and "manufactured house" or "manufactured home" may be used interchangeably in these regulations.
A mobile home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction and that satisfies each of the following additional criteria:
The home has a length not to exceed four (4) times its width;
The pitch of the home's roof has a minimum vertical rise of one (1) foot for each five (5) feet of horizontal run and the roof is finished with a type of shingle that is commonly used in standard residential construction;
The exterior siding consists of wood, hardboard or aluminum (vinyl covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance and durability to the exterior siding commonly used in standard residential construction;
A continuous, permanent masonry foundation, unpierced except for ventilation and access, is installed under the home; and
The tongue, axles, transporting lights and removable towing apparatus are removed after placement on the lot and before occupancy.
A mobile home constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction but that does not satisfy the criteria necessary to qualify the house as a Class A mobile home.
Any mobile home that does not meet the definition criteria of a Class A or Class B mobile home.
A parcel of land for the placement of a single mobile home and the exclusive use of its occupants.
A contiguous parcel of land which has been developed for the placement of eight (8) or more mobile homes and is owned by a person. Such park may be operated either free of charge or for revenue purposes and the term shall include any building, structure, rent vehicle or enclosure used or intended for use as part of the equipment of such mobile home park.
That part of an individual lot which has been reserved for the placement of one (1) mobile home unit.
A transportable building unit designed to be used by itself or to be incorporated with similar units at a point-of-use into a modular structure to be used for residential, commercial, educational or industrial purposes. This definition shall not apply to structures under six hundred fifty (650) square feet used temporarily and exclusively for construction site office purposes. The term "modular unit" and "modular house" or "modular home" may be used interchangeably in these regulations.
A lot existing at the effective date of these regulations (and not created for the purposes of evading the restrictions of these regulations) that does not meet the minimum area requirement of the district in which the lot is located.
Any structure, development or undertaking that is incomplete at the effective date of these regulations and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned.
A situation that occurs when, on the effective date of these regulations, any existing lot or structure or use of an existing lot or structure does not conform to one (1) or more of the regulations applicable to the district in which the lot or structure is located. Among other possibilities, a non-conforming situation may arise because a lot does not meet minimum acreage requirements, because structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with these regulations or because land or buildings are used for purposes made unlawful by these regulations. Non-conforming signs shall not be regarded as non-conforming situations for purposes of Article VIII but shall be governed by the provisions of Sections 400.878 and 400.880.
A non-conforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located. (For example, a commercial office building in a residential district may be a non-conforming use.) The term also refers to the activity that constitutes the use made of the property. (For example, all the activity associated with operating a retail clothing store in a residentially zoned area constitutes a non-conforming use.)
A facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to not more than eight (8) persons.
An institutional facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to more than eight (8) persons.
A portion of the vehicle accommodation area consisting of lanes providing access to parking spaces.
A portion of the vehicle accommodation area set aside for the parking of one (1) vehicle.
An individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization or other entity acting as a unit.
A development constructed on a tract of at least one and one-half (1 1/2) acres under single ownership, planned and developed as an integral unit and consisting of single-family detached residences combined with either two-family residences or multi-family residences or both, all developed in accordance with Section 400.560.
Planning and Zoning Commission, Sullivan, Missouri.
The incorporated City of Sullivan.
Any water supply system, whether privately or publicly operated, furnishing potable water and regulated by the Missouri Department of Natural Resources as a public water supply system.
An antenna and attendant processing equipment for reception of electronic signals from satellites.
A two-family residential use in which the dwelling units share a common wall (including, without limitation, the wall of an attached garage or porch) and in which each dwelling unit has living space on the ground floor and a separate ground floor entrance.
A residential use consisting of a building containing three (3) or more dwelling units. For purposes of this definition, a building includes all dwelling units that are enclosed within that building or attached to it by a common floor or wall (even the wall of an attached garage or porch).
A multi-family residential use other than a multi-family conversion or multi-family town house.
A multi-family residence containing not more than four (4) dwelling units and results from the conversion of a single building containing at least two thousand (2,000) square feet of gross floor area that was in existence on the effective date of this provision and that was originally designed, constructed and occupied as a single-family residence.
A multi-family resident use in which each dwelling unit shares a common wall (including, without limitation, the wall of an attached garage or porch) with at least one (1) other dwelling unit and in which each dwelling unit has living space on the ground floor and a separate ground floor entrance.
A residential use having the external appearance of a single-family residence but in which there is located a second (2nd) dwelling unit that comprises not more than twenty-five percent (25%) of the gross floor area of the building nor more than a total of seven hundred fifty (750) square feet.
A residential use consisting of two (2) or more single-family detached dwelling units on a single lot.
A residential use consisting of a single detached building containing one (1) dwelling unit and located on a lot containing no other dwelling units.
A residential use consisting of a building containing two (2) dwelling units. If two (2) dwelling units share a common wall, even the wall of an attached garage or porch, the dwelling units shall be considered to be located in one (1) building.
A two-family residential use other than a duplex, two-family conversion or primary residence with accessory apartment.
A two-family residence resulting from the conversion of a single building containing at least two thousand (2,000) square feet of gross floor area that was in existence on the effective date of this provision and that was originally designed, constructed and occupied as a single-family residence.
All private ways used to provide motor vehicle access to:
Any device that:
A sign that is attached to, erected on or supported by some structure (such as a pole, mast, frame or other structure) that is not itself an integral part of or attached to a building or other structure having a principal function other than the support of a sign. A sign that stands without supporting elements, such as a "sandwich sign", is also a freestanding sign.
A sign that, on the effective date of these regulations, does not conform to one (1) or more of the regulations set forth in these regulations, particularly Article XVII, Signs.
A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction or other activity that is conducted, sold or offered at a location other than the premises on which the sign is located.
A permit issued by the Administrator that authorizes the recipient to erect, move, enlarge or substantially alter a sign.
A sign that:
Is used in connection with a circumstance, situation or event that is designed, intended or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign; or
Is intended to remain on the location where it is erected or placed for a period of not more than fifteen (15) days. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary.
Circuses, fairs, carnivals, festivals or other types of special events that:
A public street or a street with respect to which an offer of dedication has been made.
A major street in the City's street system that serves as an avenue for the circulation of traffic onto, out or around the City and carries high volumes of traffic.
A street whose principal function is to carry traffic between minor, local and subcollector streets and arterial streets but that may also provide direct access to abutting properties. It serves or is designed to serve, directly or indirectly, more than one hundred (100) dwelling units and is designed to be used or is used to carry more than eight hundred (800) trips per day.
A street that terminates in a vehicular turnaround.
A street whose sole function is to provide access to abutting properties. It serves or is designed to serve at least ten (10) but not more than twenty-five (25) dwelling units and is expected to or does handle between seventy-five (75) and two hundred (200) trips per day.
A street that is parallel to and adjacent to an arterial street and that is designed to provide access to abutting properties so that these properties are somewhat sheltered from the effects of the through traffic on the arterial street and so that the flow of traffic on the arterial street is not impeded by direct driveway access from a large number of abutting properties.
A street whose sole function is to provide access to abutting properties. It serves or is designed to serve not more than eight (8) dwelling units and is expected to or does handle up to seventy-five (75) trips per day.
A street whose principal function is to provide access to abutting properties but is also designed to be used or is used to connect minor and local streets with collector or arterial streets. Including residences indirectly served through connecting streets, it serves or is designed to serve at least twenty-six (26) but not more than one hundred (100) dwelling units and is expected to or does handle between two hundred (200) and eight hundred (800) trips per day.
Anything constructed or erected.
The division of a tract of land into two (2) or more lots, building sites or other divisions for the purpose of financing, sale or building development (whether immediate or future) and including all divisions of land involving the dedication of a new street or a change in existing streets; but the following shall not be included within this definition nor be subject to the regulations of these regulations applicable strictly to subdivisions: The public acquisition by purchase of strips of land for widening or opening streets.
A subdivision in which approval is obtained not only for the division of land into lots but also for a configuration of principal buildings to be located on such lots. The plans for an architecturally integrated subdivision shall show the dimensions, height and location of all such buildings to the extent necessary to comply with the purpose and intent of architecturally integrated subdivisions as set forth in Section 400.635.
Any subdivision other than a minor subdivision.
A subdivision that does not involve any of the following:
A residence (which may be a mobile home) that is:
Located on the same lot as a residence made uninhabitable by fire, flood or other natural disaster and occupied by the persons displaced by such disaster; or
Located on the same lot as a residence that is under construction or undergoing substantial repairs or reconstruction and occupied by the persons intending to live in such permanent residence when the work is completed; or
Located on a non-residential construction site and occupied by persons having construction or security responsibilities over such construction site.
Any structure whose principal function is to support an antenna.
A lot (see definition). 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".
A structure that:
The activity or function that actually takes place or is intended to take place on a lot.
A use listed in the Table of Permissible Uses.
Any above-ground structures or facilities (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a non-profit organization, a corporation or any entity defined as a public utility for any purpose by the Missouri Public Service Commission and used in connection with the production, generation, transmission, delivery, collection or storage of water, sewage, electricity, gas, oil or electronic signals. Excepted from this definition are utility lines and supporting structures listed in Section 400.543(2).
All utility facilities other than neighborhood facilities.
Utility facilities that are designed to serve the immediately surrounding neighborhood and that must, for reasons associated with the purpose of the utility in question, be located in or near the neighborhood where such facilities are proposed to be located.
A grant of permission by the Board of Adjustment that authorizes the recipient to do that which, according to the strict letter of these regulations, he/she could not otherwise legally do.
That portion of a lot that is used by vehicles for access, circulation, parking and loading and unloading. It comprises the total of circulation areas, loading and unloading areas and parking areas.
Streams, lakes, ponds or drainageways that are under the jurisdiction of the U.S. Army Corps of Engineers.
On-premises sales of goods primarily to customers engaged in the business of reselling the goods.
An area of contiguous wooded vegetation where trees are at a density of at least one (1) six (6) inch or greater caliper tree per three hundred twenty-five (325) square feet of land and where the branches and leaves form a contiguous canopy.
A permit issued by the Administrator that authorizes the recipient to make use of property in accordance with the requirements of these regulations.