[R.O. 1993 § 400.010; Ord. No.
85-1897, App. B § I, 11-11-1985]
This Chapter shall be known and may be cited as the "Zoning
Code of the City of Aurora, Missouri."
[R.O. 1993 § 400.020; Ord. No.
85-1897, App. B § I, 11-11-1985]
In their interpretation and application, the provisions of this
Chapter shall be held to be the minimum requirements adopted for the
promotion of the public health, morals, safety, and welfare. To protect
the public, among its other purposes, the provisions of this Chapter
are intended to provide for: adequate light, pure air, safety from
fire and other danger, undue concentration of population, ample parking
facilities, protection of property and property values, proper use
of land, adequate and economical public improvements and services,
less congestion on the public streets, and to regulate the location
of trades, industries, buildings, and structures in keeping with a
plan of control and development heretofore adopted by the City of
Aurora.
[R.O. 1993 § 400.030]
It is not intended by this Chapter to repeal, abrogate, annul,
or in any way impair or interfere with existing provisions of other
laws or ordinances, except those specifically repealed by this Chapter,
or with private agreement, or with restrictive covenants running with
the land to which the City is a party. Wherever the regulations made
under authority of Sections 89.010 to 89.140, RSMo., require a greater
width or size of yards, courts, or other open spaces, or require a
lower height of building or less number of stories, or require a greater
percentage of lot to be left unoccupied, or impose other higher standards
than are required in any other statute or local ordinance or regulation,
the provisions of the regulations made under authority of Sections
89.010 to 89.140, RSMo., shall govern. Wherever the provisions of
any other statute or local ordinance or regulation require a greater
width or size of yards, courts, or other open spaces, or require a
lower height of building or a less number of stories, or require a
greater percentage of lot to be left unoccupied, or impose other higher
standards than are required by the regulations made under authority
of Sections 89.010 to 89.140, RSMo., the provisions of such statute
or local ordinance or regulation shall govern.
[R.O. 1993 § 400.040; Ord. No.
85-1897, App. B § I, 11-11-1985; Ord. No. 96-2251 § 1, 10-22-1996; Ord. No. 99-2366 § 1, 1-26-1999]
A. For purposes of this Chapter, the City of Aurora is hereby divided
into districts according to the use to which property in a district
may be subjected with accompanying restrictions placed on the property
in each district in accordance with the planned development of that
district. The boundaries of these districts are hereby established
as shown on a map entitled, "The Zoning Map of the City of Aurora,"
which is hereby ordered to be kept on file at the City Hall of Aurora,
and which, with all explanatory matter thereon, shall be deemed to
accompany, be, and is hereby made a part of this Chapter. The following
districts within the incorporated limits of the City of Aurora are
hereby established:
1.
Agricultural.
"A-1" Agricultural District
|
2.
Residential.
"R-1" Single-Family District
|
"R-2" Two-Family District
|
"R-3" Multiple-Family District
|
"MHP" Mobile Home Park District
|
"PRD" Planned Residential Development
|
3.
Commercial.
"C-O" Non-Retail District
|
"C-1" Retail/Services District
|
"C-2" General Business District
|
"C-3" Commercial District
|
"CP" Planned Shopping Center District
|
4.
Industrial.
"M-1" Light Industrial District
|
"M-2" General Industrial District
|
"AE" Adult Entertainment District
|
B. The Zoning Map of the City of Aurora along with a copy of this Chapter
containing and reflecting all changes and/or amendments shall be available
for inspection and examination by members of the public at all times
reasonable under the circumstances prevailing at the time a request
to examine is made.
[R.O. 1993 § 400.050; Ord. No.
85-1897, App. B § I, 11-11-1985]
A. Where uncertainty exists with respect to the boundaries of any of
the aforesaid districts as shown on the Zoning Map of the City of
Aurora, the following rules shall apply:
1.
Boundaries Approximately Following Streets, Alleys, Or Highways.
Where district boundaries are so indicated as approximately following
the center line or street line of streets, the center line or alley
line of alleys or the center line or right-of-way line of highways,
such lines shall be construed to be such district boundaries.
2.
Boundaries Paralleling Street Lines, Alley Lines, Or Highway
Right-Of-Way Lines. Where district boundaries are so indicated that
they are approximately parallel to the center line or street lines
of streets, the center lines or alley lines of alleys, or the center
lines or right-of-way lines of highways, such district boundaries
shall be construed as being parallel thereto and at such distance
therefrom as indicated on the Zoning Map. If no distance is given,
such dimension shall be determined by the use of the scale shown on
said Zoning Map.
3.
Boundaries Approximately Following Lot Lines. Where district
boundaries are indicated as approximately following lot lines, such
lot lines shall be construed to be said boundaries.
4.
Boundaries Following A Railroad Line. Where the boundary of
a district follows a railroad line, such boundary shall be deemed
to be located midway between the main tracks of said railroad line.
5.
Boundaries Following A Body Of Water. Where the boundary of
a district follows a stream, lake, or other body of water, said boundary
line shall be construed to be at the limit of the jurisdiction of
the City of Aurora, unless otherwise indicated.
6.
Submerged Areas Not Included In District. All areas within the
corporate limits of the City of Aurora which are under water and are
not shown as included within any district shall be subject to all
of the regulations of the district which immediately adjoins the water
area. If the water area adjoins two (2) or more districts, the boundaries
of each district shall be construed to extend into the water area
in a straight line until they meet the other district.
[R.O. 1993 § 400.060; Ord. No.
85-1897, App. B § I, 11-11-1985]
Any areas shown on the Zoning Map as a park, playground, school,
cemetery, waters, street, or right-of-way, shall be subject to the
zoning regulations of the district in which they are located. In case
of doubt, the zoning regulations of the most restricted adjoining
district shall govern.
[R.O. 1993 § 400.070; Ord. No.
85-1897, App. B § I, 11-11-1985; Ord. No. 91-2022 § 1, 1-14-1992; Ord. No. 2004-2622 § I, 11-9-2004]
In every case where property has not been specifically included
within a district, or where territory has become a part of the City
by annexation, the property or territory must be zoned pursuant to
the notice and public hearing requirements included in the Zoning
Enabling Act (Chapter 89, RSMo.). Property zoned to a particular designation
by Lawrence County (when said County adopts County Planning and Zoning)
retains that County zoning designation until it is rezoned by the
City in accordance with the Zoning Enabling Act.
[R.O. 1993 § 400.080; Ord. No.
85-1897, App. B § I, 11-11-1985]
Whenever any street, alley, or other public or easement way
is vacated in the manner authorized by law, the zoning district adjoining
each side of such street, alley, or public way shall be automatically
extended to the center of such vacation and all area included in the
vacation shall then and henceforth be subject to all regulations of
the extended districts.
[R.O. 1993 § 400.090; Ord. No.
85-1897, App. B § I, 11-11-1985]
A. Except as provided in this Chapter:
1.
Conformity Of Buildings And Land. No building, structure, or
premises shall be used or occupied and no building or part thereof
or other structure shall be erected, raised, moved, placed, reconstructed,
extended, enlarged, or altered except in conformity with the regulations
herein specified for the district, as shown on the Official Map, in
which it is located.
2.
Conformity Of Open Spaces. No yard, court, or open space, or
part thereof, shall be included as a part of the yard, court, or open
space similarly required for any other building, structure, or dwelling
under this Chapter.
3.
Sewage Regulation. The erection, construction, or use of any
building as an outdoor toilet is forbidden, and every principal building
hereafter erected, constructed, moved, or altered in any district
shall contain an inside bathroom, including a toilet which shall be
connected to either the public sewer system of the City of Aurora
or a private septic tank constructed according to the standards of
the Department of Natural Resources of the State of Missouri. If a
private septic tank shall be used, it shall have a minimum capacity
of five hundred (500) gallons and shall have attached not less than
three hundred (300) square feet of lateral drainage. No structure
which will use a private septic tank shall be constructed on a lot
smaller than fifteen thousand (15,000) square feet. These regulations
shall apply to all districts described herein.
[R.O. 1993 § 400.100; Ord. No.
85-1897, App. B § I, 11-11-1985]
A. The lawful use of any building, structure, or land existing at the
time of the enactment of this Chapter, November 11, 1985, may be continued,
although such use does not conform with the provisions of this Chapter;
provided the following conditions are met:
1.
Unsafe Structures. Nothing in this Chapter shall prevent the
strengthening or restoring to a safe condition of any portion of a
building or structure declared unsafe by a proper authority.
2.
Alterations. A non-conforming building or structure may be altered,
improved, or reconstructed; provided such work is not to an extent
exceeding in aggregate cost twenty-five percent (25%) of the appraised
value of the building or structure, unless the building or structure
is changed to a conforming use. (See also Restoration, below.)
3.
Extension. A non-conforming use shall not be extended, but the
extension of a lawful use to any portion of a non-conforming building
or structure which existed prior to the enactment of this Chapter
shall not be deemed the extension of such non-conforming use.
4.
Changes. If no structural alterations are made, a non-conforming
use of a building may be changed to another non-conforming use of
the same or more restricted classification upon review and approval
by the Planning and Zoning Commission.
5.
Construction Approved Prior To Zoning Code. Nothing herein contained
shall require any change in plans, construction or designated use
of a building or structure for which a building permit has been issued
and the construction of which shall have been diligently prosecuted
within twelve (12) months of the date of such permit, and the ground
story framework of which, including the second tier of beams, shall
have been completed within eighteen (18) months of the date of such
permit, and which entire building shall be completed according to
such plans as filed within twenty-four (24) months from November 11,
1985.
6.
Restoration. Nothing in this Chapter shall prevent the reconstruction,
repairing, rebuilding, and continued use of any non-conforming building
or structure damaged by fire, collapse, explosion, or acts of God,
subsequent to November 11, 1985, wherein the expense of such work
does not exceed fifty percent (50%) of the appraised value of the
building or structure at the time such damage occurred. (See also
Alterations, above.)
7.
Wear And Tear. Nothing in this Chapter shall prevent the reconstruction,
repairing, or rebuilding of a non-conforming building, structure,
or part thereof existing on or before November 11, 1985, rendered
necessary by wear and tear, deterioration or depreciation; provided
the cost of such work shall not exceed twenty-five percent (25%) of
the appraised value of such building or structure at the time such
work is done, nor prevent compliance with the provisions of the Aurora
Building Code and/or Housing Code relative to the maintenance of buildings
or structures.
8.
Abandonment. A non-conforming use of a building or premises
which has been abandoned shall not thereafter be returned to such
non-conforming use. A non-conforming use shall be considered abandoned:
a.
When the intent of the owner to discontinue the use is apparent;
or
b.
When the characteristic equipment and the furnishings of the
non-conforming use have been removed from the premises and have not
been replaced by similar equipment within three (3) months, unless
other facts show intention to resume the non-conforming use; or
c.
When it has been replaced by a conforming use; or
d.
When it has been changed to another use under permit from the
Planning and Zoning Commission.
9.
Displacement. No non-conforming use shall be extended to displace
a conforming use.
10.
Cessation Of Junkyard And Wrecking Or Salvage Yard. No junkyard
or automobile wrecking yard not within an enclosed masonry building
and not within an appropriate industrial district shall be operated
or maintained for more than six (6) months after a zoning change to
a use district within which such yard is not permitted; except that
in a light industrial district, where the Planning and Zoning Commission
determines that it is impractical to roof over a large area containing
junk material or an automobile wrecking salvage yard, the Commission
may permit the construction around such area of a six-foot-high masonry
wall or substantial, slightly, tight, or semitight fence, whichever,
in its opinion, is the more appropriate in the surroundings of the
property, and may then permit, for a specified time, the continued
use of such property for such purposes.
11.
Unlawful Use Not Authorized. Nothing in this Chapter shall be
interpreted as authorization for or approval of the continuance of
the use of a structure or premises in violation of zoning regulations
in effect on November 11, 1985.
12.
Certificate Of Non-Conforming Use. Upon request following November
11, 1985, the Planning and Zoning Commission shall issue a certificate
of non-conforming use, unless said use shall be in conformity with
the provisions of the use zone in which property is located.
a.
In accordance with the provisions of this Section, no use of
land, buildings, or structures shall be made other than that specified
on the certificate of non-conforming use, unless said use shall be
in conformity with the provisions of the use zone in which the property
is located.
b.
A copy of each certificate of non-conforming use shall be filed
with the office of the City Clerk. No permit or license shall be issued
to any property for which a certificate of non-conforming use has
been issued until said permit or license has been approved by the
Planning and Zoning Commission.
13.
District Changes. Whenever the boundaries of a district shall
be changed so as to transfer an area from one (1) district to another
district of a different classification, the foregoing provisions shall
also apply to any non-conforming uses existing therein.
B. Note. It is the intent of Subsection
(A)(8) of this Section when applied to mobile homes, that: "Following the effective date of this Chapter, November 11, 1985, all mobile homes, heretofore situated in locations not in conformity with standards required under this Chapter shall be allowed to remain in their location only so long as the existence of said mobile home, in proper condition, in the former location has not been altered. At such time as any mobile home is moved from a location previously allowed as a non-conforming use, the use expires and another mobile home cannot then be moved in to replace the one (1) previously located in the area in question."
[R.O. 1993 § 400.110; Ord. No.
85-1897, App. B § II, 11-11-1985; Ord. No. 2000-2424 § 1, 2-22-2000; Ord. No. 2014-3001 § 1, 5-28-2014]
For the purposes of this Chapter, the following terms and words
and their derivations are hereby defined as set out below. The words
"used for" include "designed for" and vice versa; words used in the
present tense include the future; words in the singular number include
the plural number, and vice versa; the word "building" includes the
word "structure"; the word "dwelling" includes the word "residence";
the word "lot" includes the word "plot" and the word "shall" is mandatory
and not merely directory.
ACCESSORY BUILDING
A building customarily incidental and subordinate to the
main building and located on the same lot with the main building.
ACCESSORY USE
A use incidental to the principal use of a building. In buildings
restricted for residential use, an office or part thereof used for
family occupations and workshops not conducted for compensation shall
be deemed accessory uses.
AGRICULTURAL USE
The growing of crops in the open and raising of such stock
and poultry as are incidental to the acreage farmed; provided, however,
that such land shall consist of at least ten (10) acres in one (1)
parcel or in contiguous parcels under common ownership or operation.
The feeding or disposal of community or collected garbage shall not
be deemed an agricultural use, nor shall the raising of fur-bearing
animals, riding academies, livery or boarding stables, commercial
feed lots, or dog kennels be so considered.
ALLEY
Any public space or thoroughfare forty (40) feet or less
in width, but not less than twenty (20) feet in width, which has been
dedicated or deeded to the public for public travel and which affords
secondary access to abutting property.
ALTERATIONS
Any addition, removal, extension, or change in the location
of any exterior wall of any structure.
APARTMENT HOUSE
A building arranged, intended or designed to be occupied
by three (3) or more families or housekeeping units living independently
of each other.
AREA, BUILDING
The total area taken on a horizontal plane at the main grade
level of the principal building and all accessory buildings, exclusive
of uncovered porches, terraces, and steps.
AREA, FLOOR
To determine the ratio of floor space of a building to the
area of the lot, the floor space shall be the sum of the horizontal
areas of the several floors of the building excluding areas used for
garage purposes, basement, and cellar area. All horizontal dimensions
shall be taken from the exterior faces of walls, including walls or
other enclosures of enclosed porches.
AREA, NET SITE
The total area within the property lines excluding external
streets and utility easements.
BASEMENT
A story partly or wholly underground. For purposes of height
measurement, a basement shall be counted as a story where more than
one-half (1/2) of its height is above the average level of the adjoining
ground.
BILLBOARD OR SIGN BOARD
Any sign or advertisement used as an outdoor display for
the purpose of making anything known, the origin or point of sale
of which may be remote from said display.
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs, and to the mean height between eaves and ridges for gable,
hip and gambrel roofs.
BUILDING LINE
The line which is the minimum distance a building may be
placed to the property line (see "Building, Front Line of").
BUILDING, FRONT LINE OF
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use
of the lot on which said building is situated.
CHILD CARE CENTER
Any place, home, or institution which receives three (3)
or more children under the age of sixteen (16) years, and not of common
parentage, for care apart from their natural parents, legal guardians,
or custodians, when received for regular periods of time for compensation;
provided, however, this definition shall not include public and private
schools organized, operated, or approved under the laws of this State,
custody of children fixed by blood or marriage within the third degree
of the custodial person, or to churches or other religious or public
institutions caring for children within the institutional building
while their parents or legal guardians are attending services or meetings
or classes or engaged in church activities.
COMPREHENSIVE PLAN
A long-range master plan for area development, including
studies of land use, traffic volume and flow, schools, parks, and
other public buildings.
COURT
An unoccupied open space, other than a yard, on the same
lot with a building which is bounded on two (2) or more sides by the
walls of such building.
COVERAGE
That percentage of the plot or lot area covered by the building
area.
DOG KENNEL
The keeping of more than four (4) dogs that are more than six (6) months old, and further subject to the limitations set forth in Section
210.160 of this Code.
DUMP
A lot or land, or part thereof, used primarily for the disposal
by abandonment, dumping, burial, burning, or any other means and for
whatever purpose of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles, or parts thereof, or waste material of any kind.
DWELLING
A building or portion thereof designed exclusively for residential
occupancy, including single-family or multiple-family, but not including
motels, hotels, boarding and rooming houses.
DWELLING, MULTIPLE-FAMILY
A building or portion of a building designed for or occupied
by more than two (2) families living independently of each other.
DWELLING, SINGLE-FAMILY
A building having accommodations for and occupied exclusively
by one (1) family. The classifications “single-family dwelling”
and “single-family residence” shall include any group
home as defined in this Section.
DWELLING, TWO-FAMILY
A building designed exclusively for occupancy by two (2)
families living independently of each other, including a duplex [one
(1) dwelling unit above the other or one (1) dwelling unit beside
the other].
FAMILY
The classification of single-family dwelling or single-family
residence shall include any private residence licensed by the division
of family services or Department of Mental Health to provide foster
care to one (1) or more but less than seven (7) children who are unrelated
to either foster parent by blood, marriage or adoption. Nothing in
this Subsection shall be construed to relieve the Division of Family
Services, the Department of Mental Health or any other person, firm
or corporation occupying or utilizing any single-family dwelling or
single-family residence for the purposes specified in this subsection
from compliance with any ordinance or regulation relating to occupancy
permits except as to number and relationship of occupants or from
compliance with any building or safety code applicable to actual use
of such single-family dwelling or single-family residence.
FRONTAGE
All the property fronting on one (1) side of a street between
the two (2) nearest intersecting streets, or other natural barriers.
GARAGE, PRIVATE
An enclosed space for the storage of one (1) or more vehicles;
provided that no business, occupation, or service is conducted for
profit therein, nor space therein for more than one (1) car is leased
to a non-resident of the premises.
GARAGE, PUBLIC
Any garage not a private garage, and which is used for storage,
repair, rental, servicing, or supplying of gasoline or oil to motor
vehicles.
GASOLINE FILLING STATION
Any area of land, including any structure or structures thereon
that is or are used or designed to be used for the storage or sale
of gasoline or oil or other fuel (not including liquid petroleum gases)
primarily for the propulsion of vehicles.
GROUP HOMES
Any residential home in which eight (8) or fewer unrelated
mentally or physically handicapped persons reside; further, and pursuant
to Section 89.020, RSMo., such home may include two (2) additional
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 home.
1.
GROUP HOME, GENERALA residential home providing twenty-four-hour care in a protected environment for more than eight (8) persons with physical or mental disabilities and any number of caregivers.
2.
GROUP HOME, LIMITEDA residential home providing twenty-four-hour care in a protected environmental for eight (8) or fewer unrelated persons with mental or physical disabilities; further, and pursuant to Section 89.020, RSMo., such home may include two (2) additional 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 home.
GROUP RESIDENTIAL
The use of a site for occupancy by groups of more than five
(5) persons, not defined as a family, on a weekly or longer basis.
Typical uses include fraternity or sorority house, dormitories, residence
halls, and boarding or lodging houses. The term "group residential"
does not include group homes.
HOME OCCUPATION
Any occupation or profession carried on by the inhabitants
which is clearly incidental and secondary to the use of the dwelling,
which does not change the character thereof, and which is conducted
entirely within the main building; provided that no trading in merchandise
is carried on and in connection with which there is no display of
merchandise or sign other than one (1) non-illuminated nameplate not
more than two (2) square feet in area attached to the main building,
and no mechanical equipment is used or activity is conducted which
creates any noise, dust, odor, or electrical disturbance beyond the
confines of the lot on which said occupation is conducted. Customary
home occupations providing personal services shall be construed to
be a physician, dentist, surgeon, dressmaker, musician, artist, beautician,
barber, or similar activity which does not involve sales at wholesale
or retail and that no assistant, other than that of a receptionist
or secretary, other than a member of the family household, is employed.
HOSPITAL
A building used for the diagnosis, treatment, or other care
of human ailments, unless otherwise specified.
HOTEL
Any building or portion thereof which contains guest rooms,
which are designed or intended to be used, rented, or hired out for
occupancy by, or which are occupied by ten (10) or more individuals
for compensation, whether it be paid directly or indirectly.
JUNK YARD
A lot, land, or structure, or part thereof, used primarily
for the collecting, storage, and sale of wastepaper, rags, scrap metal
or discarded material; or for the collecting, dismantling, storage
and salvaging of machinery or vehicles not in running condition, and
for the sale of parts thereof.
LOADING SPACE
An off-street space or berth 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,
and which abuts upon a street or other appropriate means of access.
LOT
Land occupied or to be occupied by a building or unit group
of buildings and accessory buildings, together with such yards and
lot area as are required by this resolution, and having its principal
frontage upon a street or a place approved by the Commission.
LOT DEPTH
The horizontal distance between the front and rear lot lines
measured along the median between the two (2) side lot lines.
LOT WIDTH
The horizontal distance between the two (2) side lot lines,
measured along the median between the front and rear lot lines.
LOT, CORNER
A lot or portion thereof not greater than one hundred (100)
feet in width and situated at the intersection of two (2) or more
streets, having an angle of intersection of not more than one hundred
thirty-five degrees (135°).
MOBILE HOME
A movable living unit designed for year-round occupancy,
sometimes termed a trailer home or trailer house; all portable contrivances
used or intended to be used generally for living and sleeping quarters
and which are capable of being moved by their own power, towed, or
transported by another vehicle.
MOBILE HOME PARK
Any area, tract, or site or plot of land whereupon a minimum
of ten (10) "mobile homes" as herein defined are placed, located or
maintained or intended to be placed, located, or maintained for dwelling
purposes only and upon a permanent or semipermanent basis.
MOBILE HOME SPACE
A plot of ground within a mobile home community or park which
is designed for parking a single mobile home.
MOTEL
A group of buildings including either separate units or a
row of units or rooms which:
1.
Contain individual sleeping accommodations;
2.
Have individual entrances.
MOTOR VEHICLE REPAIR SHOP
A building or portion of a building arranged, intended or
designed to be used for making repairs to motor vehicles.
NON-CONFORMING USE
A building, structure or use of land existing at the time
of enactment of this Chapter, November 11, 1985, and which does not
conform to the regulations of the district or zone in which it is
situated.
PARKING SPACE, AUTOMOBILE
Space within or on a building or private or public parking
area for the parking of one (1) automobile. Truck loading and unloading
space shall not be included in such area.
PLAT
A map, plan, or layout of a city, township, section, or subdivision,
indicating the location and boundaries of individual properties, easements,
utilities, streets and other required appurtenances.
PORTABLE BUILDING
Any building not in excess of twelve (12) feet in width and
twenty (20) feet in length, with a solid wood or metal floor on skids
with no electrical or plumbing hookups.
REST HOME
A facility designed or intended for the care of invalids
or convalescents, or a resort where people go to rest and regain health.
SIGN
Any words, numerals, figures, devices, designs, or trademarks
by which anything is made known, used to designate an individual,
a firm, profession, business, or a commodity and which is visible
from any public street or from the air.
STORY
That portion of a building included between the surface of
any floor and the surface of the next floor above it or, if there
be no floor above it, then the space between such floor and ceiling
next above it.
STREET
Any public or private right-of-way which affords the primary
means of access to abutting property and has been dedicated or deeded
to the public for public use.
STREET LINE
The legal line between a street right-of-way and abutting
property.
STRUCTURE
Anything constructed or erected, which requires location
on the ground, or attached to something having a location on the ground,
not including fences or walls used as fences under six (6) feet in
height.
TRANSITIONAL LIVING FACILITY
A State-licensed group-care home for juvenile delinquents,
halfway houses providing residence, rehabilitation and counseling
to persons on release from a more-restrictive custodial confinement,
and residential rehabilitation treatment centers which also may provide
outpatient rehabilitation for alcohol and other drug abuse.
TRAVEL VEHICLE OR TRAILER
A portable vehicular unit designed and intended to be used
for temporary short-term occupancy and for frequent and extensive
travel use, including but not limited to travel trailers, campers,
motor homes, converted buses and other similar units, whether they
are self-propelled, pulled or can be hauled.
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.
YARD
An open space other than a court on the same lot with a building
or group of buildings, which open space lies between the building
or group of buildings and the nearest lot line, and is unoccupied
and unobstructed from the ground upward.
YARD, FRONT
A yard extending across the full width of the lot, the depth
of which is the minimum horizontal distance between the front lot
line to the building line.
YARD, REAR
A yard extending across the full width of the lot between
the nearest rear main building and the rear lot lines. The depth of
the required rear yard shall be measured horizontally from the nearest
part of a main building toward the nearest point of the rear lot line.
YARD, SIDE
A yard between a main building and side lot line, extending
from the front yard or front lot lines, where no front yard is required,
to the rear yard. The width of the required side yard shall be measured
horizontally from the nearest point of the side lot line toward the
nearest part of the main building.