[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.
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Without limiting the generality of the foregoing, a use may
not be regarded as having an insignificantly adverse impact on the
surrounding neighborhood if:
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1.
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Goods, stock in trade or other commodities are displayed outside
any building or structure;
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2.
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Any on-premises retail sales occur;
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3.
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More than one (1) person not a resident on the premises is employed
in connection with the purported home occupation;
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4.
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It creates objectionable noise, fumes, odor, dust or electrical
interference; or
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5.
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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.
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The following is a non-exclusive list of examples of enterprises
that may be home occupations if they meet the foregoing definition
criteria:
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1.
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The office or studio of a physician, dentist, artist, musician,
lawyer, architect, engineer, teacher or similar professional;
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2.
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Workshops, greenhouses or kilns;
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3.
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Dressmaking or hairdressing studios.
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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.
[Ord. No. 2974 §1(Art. 2 §16), 11-2-2004]
A.
Whenever a single lot one (1) acre or less in size is located within
two (2) or more different zoning districts, the district regulations
applicable to the district within which the larger portion of the
lot lies shall apply to the entire lot. If said lot is evenly divided
by a district boundary, then the district least restrictive upon the
landowner shall apply to the entire lot.
B.
Whenever a single lot greater than one (1) acre in size is located
within two (2) or more different zoning districts, each portion of
that lot shall be subject to the regulations applicable to the district
in which it is located.
