[R.O. 1991 § 400.075; Ord. No. 2865-13 § 1(Exh.
A § 400.075), 4-2-2013]
For the purpose of this Chapter,
certain terms or words used herein shall be interpreted or defined
as follows, unless the context clearly indicates otherwise:
A subordinate building which serves a function customarily
incidental to that of the main building. Customary accessory buildings
include garages, carports, and small storage sheds.
A subordinate use which serves an incidental function to
that of the main use of the premises. Customary accessory uses include
tennis courts, swimming pools, air-conditioners, barbecue ovens, and
fireplaces.
The use of a tract of land for the growing of crops, pasturage,
nursery, or the raising of poultry, including the structures necessary
for carrying out farming operations and the residence or residences
of those owning or operating the premises, a member of the family
thereof, or persons employed thereon, and the family thereof, but
such use shall not include feedlots.
A dedicated public right-of-way, other than a street, which
provides only a secondary means of access to abutting property, the
right-of-way of which is twenty (20) feet or less in width.
Alteration, as applied to a building or structure, is a change
or rearrangement in the structural parts of an existing building or
structure. Enlargement, whether by extending a side, increasing in
height, or the moving from one location or position to another, shall
be considered as an alteration.
Any place, area, building, or structure where animals, primarily, but not limited to, dogs and cats, are boarded, cared for, treated, sold or trained, but not including individual resident's personal pets. See Section 400.365.
[Ord. No.
2915-15 § 1, 2-3-2015]
That portion of a building having more than one-half (1/2)
of its height below grade.
That Board which has been created by the Governing Body having
jurisdiction and which has the statutory authority to hear and determine
appeals, exceptions and variances to the Zoning Regulations.
Any structure designed or intended for the enclosure, shelter
or protection of persons, animals or property.
The vertical dimension measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of ceiling of the top story in the case of a flat roof; to the
deck line of a mansard roof; and to the average height between the
plate and ridge of a gable, hip, or gambrel roof.
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Building Height
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An area of land or water or combination thereof planned for
passive or active recreation, which does not include areas utilized
for streets, alleys, driveways, private roads, off-street parking
or loading areas. However, the area of recreational activities such
as swimming pools, tennis courts, shuffleboard courts, etc., may be
included as common open space.
Outdoor storage of goods, equipment, property, etc., in a
visually pleasing manner for retail purchase by the general public,
excluding the outdoor storage of repair parts, and supplies, assembly
items, and/or items primarily used for contracted services, repairs
and/or installations.
A section or sections of the zoning area for which these
regulations governing the use of land, the height of buildings, the
size of yards and the intensity of use are uniform.
Any canine species over twelve (12) months of age.
A building or portion thereof, not including mobile homes,
which is designed and used exclusively for residential purposes.
A residential building having accommodations for and occupied
exclusively by residents who are at least sixty-two (62) years old.
A residential building having accommodations for and occupied
exclusively by more than two (2) families independently.
A residential building having accommodations for and occupied
exclusively by one (1) family.
Includes any home in which eight (8) or fewer unrelated mentally
or physically handicapped persons reside, and may include two (2)
additional persons acting as houseparents or guardians who need not
be related to each other or to any of the mentally or physically handicapped
persons residing in the home. In the case of any such residential
home for mentally or physically handicapped persons, the local zoning
authority may require that the exterior appearance of the home and
property be in reasonable conformance with the general neighborhood
standards. Further, the local zoning authority may establish reasonable
standards regarding the density of such individual homes in any specific
single-family dwelling neighborhood.
No person or entity shall contract or enter into a contract
which would restrict group homes or their location as described in
this definition from and after September 28, 1985.
Should a single-family dwelling or single-family residence as
defined in Subsection (2) of this definition cease to operate for
the purpose as set forth in Subsection (2) of this definition, any
other use of such home, other than allowed by local zoning restrictions,
must be approved by the local zoning authority.
Includes any private residence licensed by the Children's Division
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 definition
shall be construed to relieve the Children's Division, 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.
A residential building having accommodations for and occupied
exclusively by two (2) families independently.
One (1) or more persons related by blood, marriage, or adoption,
living together as a single housekeeping unit; or a group of not more
than four (4) unrelated persons living together as a single housekeeping
unit; plus in either case, usual domestic servants. A family shall
under no circumstances be construed as a boardinghouse, fraternity,
or sorority house, club, lodging house, hotel, motel or commune.
For computing off-street parking requirements, shall mean
the gross floor area of the building measured from the exterior faces
of the exterior walls or from the centerline of walls separating two
(2) buildings and shall include the following areas:
The length of the property abutting on one (1) side of a
street measured along the dividing line between the property and the
street right-of-way.
A service station shall consist of a building or group of
buildings and surfaced area where automotive vehicles may be refueled
and serviced; self-service pumps without buildings shall also be included,
such service shall not include tire recapping, body repairs, or major
overhaul.
A facility commonly known as a "Town Border Station." This
term shall not include isolated regulator valves.
The Mayor and Board of Aldermen of Smithville, Missouri.
A business, profession, service or trade conducted for gain
or support entirely within a residential building.
A building or portion thereof, or a group of buildings, used
as a transient abiding place which may or may not serve meals and
whether such establishments are designated as a hotel, inn, automobile
court, motel, motor inn, motor lodge, motor court, tourist cabin,
tourist court, or other similar designation.[1]
A lot abutting upon two (2) or more streets at their intersection.
The mean horizontal distance between the front and the rear
lot lines.
A lot having a frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
A lot which is a part of a subdivision, the plat of which
has been recorded in the office of the Register of Deeds or an unplatted
lot described by metes and bounds, the description of which has been
recorded in the office of the Register of Deeds prior to the original
adoption of subdivision regulations by the City.
A parcel or tract of land used, developed, or built upon
as a unit under single ownership or control. Said parcel or tract
may consist of one (1) or more lots of record, one (1) or more portions
of a lot or lots of record, or any combination thereof.
A work shop, including tool and die shops, that turns, shapes,
planes, mills or otherwise reduces or finishes by machine-operated
tools.
Any building designed for use by one (1) or more persons
lawfully engaged in the diagnosis, care and treatment of physical
or mental diseases or ailments of human beings, including, but not
limited to, doctors of medicine, dentists, chiropractors, osteopaths,
optometrists, podiatrists, and in which no patients are lodged overnight,
but which may include an apothecary.
A facility licensed by the Missouri Department of Health
and Senior Services, or its successor agency, to acquire, cultivate,
process, store, transport, and sell marijuana to a medical marijuana
dispensary facility, medical marijuana testing facility, or to a medical
marijuana-infused products manufacturing facility.
[Ord. No. 3033-19, 4-1-2019]
A facility licensed by the Missouri Department of Health
and Senior Services, or its successor agency, to acquire, store, sell,
transport, and deliver marijuana, marijuana-infused products, and
drug paraphernalia used to administer marijuana as provided for in
this Section to a qualifying patient, a primary caregiver, another
medical marijuana dispensary facility, a medical marijuana testing
facility, or a medical marijuana-infused products manufacturing facility.
[Ord. No. 3033-19, 4-1-2019]
A facility licensed by the Missouri Department of Health
and Senior Services, or its successor agency, to acquire, store, manufacture,
transport, and sell marijuana-infused products to a medical marijuana
dispensary facility, a medical marijuana testing facility, or to another
medical marijuana-infused products manufacturing facility.
[Ord. No. 3033-19, 4-1-2019]
A facility certified by the Missouri Department of Health
and Senior Services, or its successor agency, to acquire, test, certify,
and transport marijuana.
[Ord. No. 3033-19, 4-1-2019]
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, equipped 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.
Any area, piece, parcel, tract or plot of ground equipped
as required for support of mobile homes and used or intended to be
used by one (1) or more occupied mobile homes, but under no circumstances
shall the mobile home spaces be sold or offered for sale individually.
The term "mobile home park" does not include sales lots on which unoccupied
mobile homes, whether new or used, are parked for the purposes of
storage, inspection, or sale.
A plot of ground within a mobile home park which can accommodate
one (1) mobile home and which provides the necessary utility services
for water, sewerage, and electricity.
Any area, piece, parcel, tract, or plot of ground used or
intended to be used for the purpose of selling lots for occupancy
by mobile homes.
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 purposes. This definition
shall not apply to structures under six hundred fifty (650) square
feet used temporarily and exclusively for construction site office
purposes.
An institution or agency licensed by the State for the reception,
board, care, or treatment of three (3) or more unrelated individuals,
but not including facilities for the care and treatment of mental
illness, alcoholism, or narcotics addiction.
The keeping of goods, equipment, property, etc., business
related or otherwise, not completely enclosed in a building.
The Smithville Planning and Zoning Commission.
A non-profit association of persons who are bona fide members
paying annual dues, which owns, hires, or leases a building or premises,
or portion thereof, the use of such building or premises being restricted
to members and their guests. The affairs and management of such private
club are conducted by a board of directors, executive committee, or
similar body chosen by the members at their annual meeting. It shall
be permissible to serve food and meals on such premises providing
adequate dining room space and kitchen facilities are available. The
sale of alcoholic beverages to members and their guests shall be allowed,
provided it is secondary and incidental to the promotion of some other
common objective by the organization, and further provided that such
sale of alcoholic beverages is in compliance with the applicable Federal,
State and Municipal laws.
A public eating establishment at which the primary function
is the preparation and serving of food.
An establishment whose primary purpose is the sale, dispensing
or serving of food, refreshments or beverages in automobiles, including
those establishments where customers may serve themselves, except
that this shall not be construed as to include what is commonly called
a cafeteria.
An area of land with or without building, used for or occupied
by a deposit, collection or storage, outside a completely enclosed
building, of used or discarded materials such as wastepaper, rags
or scrap material; or used building materials, house furnishings,
machinery, motor vehicles or parts thereof with or without the dismantling,
processing, salvage, sale or other use or disposition of the same.
A salvage yard shall also include the dismantling or wrecking of used
motor vehicles or trailers, or the storage, sale or dumping of dismantled
or wrecked vehicles or their parts. The presence on any lot or parcel
of land of two (2) or more motor vehicles which, for a period exceeding
thirty (30) days, have not been capable of operating under their own
power or from which parts have been removed for reuse or sale shall
be considered a salvage yard.
An area at a street intersection in which nothing shall be
erected, placed, planted, or allowed to grow in such a manner as to
materially impede vision between a height of two and one-half (2 1/2)
feet and eight (8) feet above the grades of the bottom of the curb
of the intersecting streets, measured from the point of intersection
of the centerline of the streets, ninety (90) feet in each direction
along the centerline of the streets. At the intersection of major
or arterial streets, the ninety (90) foot distance shall be increased
to one hundred twenty (120) feet.
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SIGHT TRIANGLE
Minimum Standard Residential
and Collector Streets
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Any device which shall display or include any letter, word,
model, banner, flag, pennant, insignia, device, or representation
used as, or which is in the nature of, an advertisement or announcement
which directs attention to an object, product, place, activity, person,
institution, organization, or business, but shall not include any
display of official notice or official flag.
A solid or semisolid fence or wall or trees or shrubs at
least six (6) feet but not more than eight (8) feet high (maximum
height excluded for trees and shrubs) and having a density of not
less than eighty percent (80%) per square foot.
A dividing line between a lot, tract, or parcel of land and
the contiguous street.
EXPRESSWAYA street which provides fast and efficient movement of large volumes of traffic between areas and does not provide a land service function.
ARTERIALA street which provides for through traffic movement between and around areas with direct access to abutting property, subject to necessary control of entrances, exits, and curb uses.
COLLECTORA street which provides for traffic movement between arterials and local streets, with direct access to abutting property.
LOCALA street which provides direct access to abutting land and local traffic movement whether in business, industrial, or residential areas.
A right-of-way, dedicated to the public use, which provides
vehicular and pedestrian access to adjacent properties.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams, or girders, or any
complete rebuilding of the roof or the exterior walls. For the purpose
of this regulation, the following shall not be considered a structural
alteration:
Anything constructed or erected, the use of which requires
permanent location on the ground or attachment to something having
a permanent location on the ground, but not including fences or public
items such as utility poles, street light fixtures, and street signs.
An establishment in which the primary function is the public
sale and serving of alcoholic and cereal malt beverages for consumption
on the premises, including establishments commonly known as "cocktail
lounges" and "nightclubs."
A space on the same lot with a main building, open, unoccupied
and unobstructed by buildings or structures from the ground upward.
A yard extending across the full width of the lot, the depth
of which is the least distance between the street right-of-way and
the building setback line.
A yard extending across the full width of the lot, the depth
of which is the least distance between the rear lot line and the rear
setback line.
A yard extending from the front yard, or front lot line where
no front yard is required, to the rear yard.
A section of the zoning area for which uniform regulations
governing the use, height, area, size and intensity of use of buildings,
land, and open space are herein established.
The person or persons authorized and empowered by the Governing
Body having jurisdiction to administer the requirements of this Chapter.
The area to be zoned as set out on the official Zoning Map
filed of record.
The requirement stipulated in the regulations herewith attached.
[1]
Editor's Note: The former definitions of "kennel
— boarding," and "kennel — breeding," which immediately
followed this definition, were repealed 2-3-2015 by Ord. No. 2915-15
§ 1.
