[CC 1961 §23.01; Ord. No. 2974 §23.01, 6-20-1988]
In order to promote the health, safety, and general welfare
of the community; to classify, regulate and restrict the location
of trades, industries and the location of buildings designed for specified
uses; to regulate and limit the height and bulk of buildings; to regulate
and limit the intensity of the use of lots; and to regulate and determine
the area of yards, courts and other open spaces within surrounding
buildings, all of the land in the City shall be zoned and divided
as provided in this Chapter.
[CC 1961 §23.02; Ord. No. 2974 §23.02, 6-20-1988; Ord. No. 3048 §1, 5-1-1989; Ord. No. 3121 §1, 5-7-1990; Ord. No. 3218 §1, 9-8-1992; Ord. No. 3758 §1, 11-19-2007]
For the purposes of this Chapter, certain terms and words are
hereby defined. Words used in the present tense shall include the
future; the singular number shall include the plural and the plural
the singular; the word "building" shall include the
word "structure" and the word "shall" is mandatory and not directory.
ACADEMY
Academies are, included but not limited to business, commercial,
computer, dance, physical fitness, martial arts, music, trade and
vocational institutions of learning, with an enrollment of one (1)
to twenty-five (25) students.
ACCESS EASEMENT
An easement which grants the right to cross property.
[Ord. No. 4490, 10-15-2018]
ACCESSORY BUILDING
A subordinate building or portion of the main building, the
use of which is incidental to that of the main building or to the
main use of the premises.
ACCESSORY USE
A subordinate use which is incidental to that of the main
building and which is located in the same lot with such main building.
ADULT DAY CARE CENTER
An establishment which undertakes through its ownership or
management to provide basic services to three (3) or more adults,
not related to the owner/operator, for period of less than twenty-four
(24) hours a day on a regular basis in a place other than the adult's
home.
ALLEY
A public or private thoroughfare which affords only a secondary
means of access to abutting property.
ALLIGATOR CRACKING
A load-associated structural failure. The failure can be
due to weakness in the surface, base or subgrade; a surface or base
that is too thin; poor drainage or the combination of all three.
[Ord. No. 4334 § 1, 11-7-2016]
APARTMENT
A room or suite of rooms in a multiple dwelling intended,
designed or used as a residence by a single family, including kitchen
and bath accommodations.
AS-BUILT PLANS
Construction plans revised to show a facility or structure
as actually constructed and as it appears on the tract of land involved.
[Ord. No. 4490, 10-15-2018]
AUTOMOBILE REPAIR, MAJOR
General repair, rebuilding or reconditioning of engines,
motor vehicles or trailers; collision services, including body, frame
or fender straightening or repair; over-all painting or paint shop;
and vehicle steam cleaning.
AUTOMOBILE REPAIR, MINOR
Replacement of parts and motor services to motor vehicles
and trucks not exceeding one and one-half (1½) ton capacity,
excluding body repairs.
AUTOMOBILE SERVICE STATION OR FILLING STATION
A place where gasoline, kerosene or any other motor fuel
or lubricating oil or grease for operating motor vehicles is offered
for sale to the public and deliveries are made directly into motor
vehicles, including greasing and oiling on the premises, and including
minor repairs.
AUTOMOBILE WRECKING
Automobile wrecking is the dismantling or disassembling of
used motor vehicles or trailers, or the storage, sale or dumping of
dismantled, partially dismantled, obsolete or wrecked vehicles or
their parts.
AUTOMOTIVE SALES
The sale of new or the sale of new and used vehicles, motor
homes, recreational vehicles, trailers and motorcycles.
BASEMENT
A story having part but not more than one-half (½)
of its height below grade. A basement is counted as a story for the
purpose of height regulation if subdivided and used for business or
dwelling purposes, other than by a janitor employed on the premises.
BLOCK
An area of land within a subdivision that is entirely bounded
by streets, highways, or right-of-way, except alleys, or between streets,
highways, streams, parks, etc., or any other barrier, or combination
thereof, to the continuity of development.
[Ord. No. 4490, 10-15-2018]
BLOCK CRACKING
That cracks look like large interconnected rectangles (roughly).
Block cracking is not load-associated, but generally caused by shrinkage
of the asphalt pavement due to an inability of asphalt binder to expand
and contract with temperature cycles.
[Ord. No. 4334 § 1, 11-7-2016]
BUILDING
Any structure designed and intended for the support, enclosure,
shelter or protection of persons, animals or property.
BUILDING, HEIGHT OF
The vertical distance from the grade to the highest point
of the coping of a flat roof or to the deck line of a mansard roof,
or to the mean height level between eaves and ridge for gable, hip
and gambrel roofs.
BUILDING LINE
The line between which the street line or lot line no building
or other structure, fence or portion thereof, except as provided in
the Zoning Code, may be erected above the grade level. The building
line is considered a vertical surface intersecting the ground on such
line.
BUSINESS
A sole proprietorship, partnership, joint venture, corporation,
or other business entity, either for-profit or not-for-profit, including
retail establishments where goods or services are sold; professional
corporations and other entities where legal, medical, dental, engineering,
architectural, or other professional services are delivered, and private
clubs.
[Ord. No. 4490, 10-15-2018]
CELLAR
A story having more than one-half (½) of its height
below grade. A cellar is not included in computing the number of stories
for the purpose of height measurements.
CHANGE OF OWNERSHIP
Occurs when a title is transferred from one person or entity
to another by having the owner sign a deed in exchange for money and/or
other considerations and officially recorded in the St. Louis County
Recorder of Deeds.
[Ord. No. 4334 § 1, 11-7-2016]
CHILD CARE — BABYSITTING
The care of four (4) or fewer children on a regular basis,
including the provider's own children under the age of thirteen (13).
This in no way applies to temporary situations. This service to be
in residentially zoned districts only, as specified.
CIGAR BAR
A business with a permit to sell alcoholic beverages that
generates twenty-five percent (25%) or more of its quarterly gross
revenue from the sale of cigars and/or rental of humidor space, has
a humidor on the premises and does not allow minors to enter the premises.
A special use permit is required.
[Ord. No. 4490, 10-15-2018]
CLUB
A building or portion thereof or premises owned or operated
by a corporation, association, person or persons for social, educational
or recreational purposes, but not primarily for profit or to render
a service which is customarily carried on as a business.
CONDOMINIUM
All the property comprising the parcel or parcels, all improvements
and structures constructed thereon, including the building and all
easements, rights and appurtenances belonging thereto, and all fixtures
and equipment intended for the mutual use of the unit owners, subject
to the provisions of Chapter 488, RSMo.
CONSIGNMENT STORE
A building or part of a building where secondhand goods,
articles, or antiques are offered or kept for sale at retail to the
general public wherein the owner/operator of the business sells the
merchandise in exchange for a fee from the owner(s) of the goods,
articles, or antiques. A special use permit is required.
[Ord. No. 4490, 10-15-2018]
CRACKS
Poorly maintained driveways will often have grass growing
up through the cracks. Cleaning the cracks should be standard practice
before sealing them.
[Ord. No. 4334 § 1, 11-7-2016]
DAY CARE HOMES
Any family home wherein care is given to not more than three
(3) children who are not related to the occupant of said home. It
shall be unlawful for any person to operate, conduct, or maintain
a day care home in the City of Berkeley.
[Ord. No. 4701, 2-21-2022]
DEDICATION
Intentional transfer by the developer to the public of ownership
of or an interest in land for a public purpose. Dedication may be
effected by compliance with Statutes relating to dedication of land,
by formal deed of conveyance, or by any other method recognized by
the laws of the State of Missouri. Acceptance by the City of maintenance
responsibilities will be an action by the City Council separate from
the dedication.
[Ord. No. 4490, 10-15-2018]
DEPRESSIONS (BIRD BATHS)
Areas that are localized pavement surface areas with slightly
lower elevations than the surrounding pavement. Depressions are very
noticeable after a rain when they fill with water.
[Ord. No. 4334 § 1, 11-7-2016]
DISTRICT
A section or sections of the City for which the regulations
governing the use of buildings and premises or the height of buildings,
or the size of yards, or intensity of use, are uniform.
DRIVE-IN ESTABLISHMENT
A commercial establishment in which the customer remains
parked in a vehicle while services are brought from the commercial
building to the vehicle.
DRINKING ESTABLISHMENT
Any business with a valid license issued by the City (pursuant to Chapter
600 "Alcoholic Beverages") to sell intoxicating liquor by the drink or to sell beer and light wine by the drink whose on-site sales of food for consumption on the premises comprises no more than twenty-five percent (25%) of gross sales of food and both alcoholic and non-alcoholic beverages on an annual basis.
[Ord. No. 4490, 10-15-2018]
DRIVE-THRU ESTABLISHMENT
A commercial establishment whereby the customer drives a
vehicle directly adjacent to the commercial building and receives
services while parked in a vehicle.
DRIVEWAY
A private roadway connecting a public street or right-of-way
to an off-street parking lot, loading area, garage, home or other
building or use on a lot or parcel of property.
[Ord. No. 4334 § 1, 11-7-2016]
DWELLING
Any building or portion thereof which is designated or used
exclusively for residential purposes.
DWELLING, MULTIPLE
A building, or portion thereof, designed for or occupied
by three (3) or more families.
DWELLING UNIT
A room or suite of rooms used as a single-family dwelling,
including kitchen and bath accommodations.
EDGE CRACKS
Cracks that travel along the inside edge of a pavement surface
within one or two feet. The most common cause for this type of crack
is poor drainage conditions and lack of support at the pavement edge.
As a result underlying base materials settle and become weakened.
[Ord. No. 4334 § 1, 11-7-2016]
EMPLOYEE
Any person who performs services for an employer, with or
without compensation.
[Ord. No. 4490, 10-15-2018]
EMPLOYER
A person, partnership, association, corporation, trust or
other organized group of individuals, including the City or any agency
thereof, which utilizes the services of at least one (1) employee.
[Ord. No. 4490, 10-15-2018]
ENCLOSED AREA
A space bound by walls (with or without windows) continuous
from the floor to the ceiling and enclosed by doors, including, but
not limited to, offices, rooms, all space therein screened by partitions
which do not extend to the ceiling or are not solid, "office landscaping"
or similar structures and hallways.
[Ord. No. 4490, 10-15-2018]
FAMILY
One (1) or more persons occupying a dwelling and living as
a single housekeeping unit, all of whom, or all but two (2) of whom
are related to each other by birth, adoption or marriage, as distinguished
from a group occupying a residential group home or hotel as defined
in this Section.
FENCE
An assemblage of materials forming a barrier at grade between
a lot and street or alley or between portions of a lot or lots.
FRONTAGE
All the property on one (1) side of a street, between two
(2) intersecting streets, crossing or terminating, measured along
the line of the street, or if the street is dead ended, then all of
the property abutting on one (1) side between an intersecting street
and the dead end of the street.
GARAGE, PRIVATE
An accessory building, housing not to exceed four (4) motor-driven
vehicles, which are the property of and for the use of the occupants
of the building to which said garage is accessory.
GARAGE, PUBLIC
Any building or premises, except those used as a private
or storage garage, used for equipping, repairing, hiring, selling
or storing motor-driven vehicles. Public garages shall not include
the dismantling or storage of wrecked or junk vehicles.
GARAGE, STORAGE
Any building or premises used for housing only of motor-driven
vehicles owned by persons residing on the premises where the garage
is located, and not open to transients, and at which automobile fuels
and oils are not to be sold, and motor-driven vehicles are not equipped,
repaired, hired or sold.
GRADE
1.
For buildings having walls adjoining one (1) street only, the
elevation of the sidewalk at the center of the wall adjoining the
street.
2.
For buildings having walls adjoining more than one (1) street,
the average of the elevation of the sidewalk at the centers of all
walls adjoining the streets.
3.
For buildings having no wall adjoining the street, the average
level of the finished surface of the ground adjacent to the exterior
walls of the building.
4.
Any wall approximately parallel to and not more than five (5)
feet from a street line is to be considered as adjoining the street.
GRANDFATHER CLAUSE
Exempts current owners already residing on the property to
leave their driveway in its current status having to make minor repairs
and the preexisting condition to remain unchanged if the driveway
does not affect health, safety or welfare, until the property is sold
or conveyed to another.
[Ord. No. 4334 § 1, 11-7-2016]
GROUP HOME
Any home in which eight or fewer unrelated mentally or physically
handicapped persons reside, and may include two 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. The exterior appearance of the home and property
shall be in reasonable conformance with the general neighborhood standards.
HEIR PROPERTY
A person who inherits or has a right of inheritance in the
property of another following the latter's death shall bring the driveway
into code compliance with this Section.
[Ord. No. 4334 § 1, 11-7-2016]
HOME OCCUPATION
Any occupation or activity carried on by the owner residing
on the premises or a member of the immediate family residing on the
premises, in connection with which there is sued no sign other than
a name plate not more than one (1) square foot in area, or no display
that will indicate from the exterior that the building is utilized
in part for any purpose other than that of a dwelling; there is no
commodity sold on the premises; no person is employed other than a
member of the immediate family residing on the premises; no mechanical
equipment is used except such as is permissible for purely domestic,
household or hobby purposes; no manufacturing or assembling of a commercial
product; and no commercial vehicle used in connection with a home
occupation shall be stored or parked except within a private garage.
In particular, a home occupation may include the following: art studio,
professional office of a clergyman, teaching with musical instruction
or private tutoring limited to not more than two (2) pupils at a time.
However, a home occupation shall not be interpreted to include barbershops,
beauty parlors, physicians, dentists, surgeons, chiropractors, tourist
homes, restaurants, child care centers and day care homes.
[Ord. No. 4701, 2-21-2022]
HOTEL
A building in which lodging is provided and offered to the
public for compensation, and in which ingress and egress to and from
all rooms are made through an inside office or lobby supervised by
a person in charge at all hours.
INSTITUTION
A building occupied by a non-profit corporation or non-profit
establishment for public use.
JOINT REFLECTION CRACKS
Cracks in a flexible pavement overlay of a rigid pavement
(i.e., asphalt over concrete). They occur directly over the underlying
rigid pavement joints.
[Ord. No. 4334 § 1, 11-7-2016]
LAUNDROMAT
A business that provides washing, drying or ironing machines
and professional type cleaning and pressing equipment for hire to
be used by customers on the premises. A special use permit is required.
[Ord. No. 4490, 10-15-2018]
LOADING SPACE
A space within the main building or on the same lot providing
for the standing, loading or unloading of trucks having a minimum
dimension of twelve (12) feet by thirty-five (35) feet and a vertical
clearance of fourteen (14) feet.
LOT
A parcel of land occupied or intended for occupancy by a
use permitted in this Chapter, including one (1) main building, together
with its accessory buildings, except as may otherwise be provided
in this Chapter, the open spaces and parking spaces required by this
Chapter and having its principal frontage upon a street or upon an
officially approved place.
LOT, CORNER
A lot abutting upon two (2) or more streets at their intersection.
LOT, DEPTH OF
The mean horizontal distance between the front and rear lot
lines. The front lot line shall be the same as the street line.
LOT, DOUBLE FRONTAGE
A lot having a frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
LOT, WIDTH OF
For purposes of determining the dimension of side yards,
the width of the lot, being the mean horizontal distance between side
lot lines, shall be measured at the building line.
LOT OF RECORD
A lot which is a part of a subdivision, the map of which
has been recorded in the office of the County Recorder or a parcel
of land, the deed of which was recorded in the office of the County
Recorder prior to the adoption of this Chapter.
MANEUVERING SPACE
The unobstructed area needed for a truck to back, in a single
movement, directly from the access street into a loading space, the
depth of which is measured perpendicular to and from the front of
said loading space to the curb side of the most remote traffic lane
in the access street.
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the department 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. 4650, 12-15-2020]
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the department to acquire, store,
sell, transport, and deliver marijuana, marijuana - infused products,
and drug paraphernalia used to administer marijuana as provided for
in this Chapter 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. 4527, 3-18-2019; Ord. No. 4650, 12-15-2020]
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the department 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. 4650, 12-15-2020]
MEDICAL MARIJUANA TRANSPORTATION FACILITY
As defined by 19 CSR 30-95.100 as a facility licensed to
transport medical marijuana from an originating facility to a destination
facility within twenty-four (24) hours that also meets the requirements
for transportation facilities defined in 19 CSR 30-95.040.
[Ord. No. 4650, 12-15-2020]
MOTOR VEHICLE LEASING OR RENTAL AGENCY
Motor vehicle leasing or renting is the renting or leasing
of motor vehicles on an hourly, daily, weekly, monthly, or yearly
basis, or any leasing or renting. Any person or establishment parking
or storing any motor vehicle within the City of Berkeley for the purposes
of rental or leasing is designated as doing business within the City,
and shall be subject to the Merchant License, and shall secure a Merchant
License and pay any and all taxes levied by the City, including sales
tax, as required by the Merchants and Manufacturers Chapter of the
Municipal Code. The contract for the leased or rented motor vehicles
shall be signed within the corporate City limits of the City of Berkeley
in order to come under this definition.
NON-CONFORMING USE
Any building or land lawfully occupied by a use at the time
of passage of this Chapter, or amendment thereto, which does not conform
after the passage of this Chapter, or amendments thereto, with the
use regulations of the district in which it is situated.
NURSING HOME AND FACILITIES
A building or buildings in which elderly, chronically ill
and disabled persons who are patients therein will be provided full
support living facilities including twenty-four (24) hour nursing
supervision. The nursing home and facility may include as an adjunct
thereto dwelling units for rent or lease to elderly persons, or chronically
ill, or disabled persons, including a spouse of any such person, who
can lead reasonably independent lives, and require minimal support
facilities, supervision, maintenance and nursing care. Because the
dwelling units are an adjunct thereto, they must be maintained and
remain under the control and supervision of the operator of the full
support nursing home and facilities.
OIL SPOTS
A common problem in parking lots and driveways. These areas
must be treated before sealcoating.
[Ord. No. 4334 § 1, 11-7-2016]
PARKING SPACE
A durably surfaced area, enclosed in the main building, in
an accessory building, or unenclosed, sufficient in size to store
one (1) standard automobile, and if the space is unenclosed comprising
an area of not less than two hundred fifty (250) square feet, including
the necessary access driveways exclusive of a durably surfaced driveway
connecting the parking space with a street or alley, and permitting
satisfactory ingress and egress of an automobile.
PAWNBROKER
Any person engaged in the business of lending money on the
security of pledged goods or engaged in the business of purchasing
tangible personal property on condition that it may be redeemed or
repurchased by the seller for a fixed price within a fixed period
of time. A special use permit is required.
[Ord. No. 4490, 10-15-2018]
PERMANENTLY DESIGNATED SMOKING ROOM
A hotel or motel room that may be designated as a smoking
room, with such designation being changeable only one (1) time a year.
[Ord. No. 4490, 10-15-2018]
PERSONAL SERVICES, COMMERCIAL DISTRICTS
Including barber shops, beauty parlors, cleaning and laundry
establishments, photographers, shoe repair shops, tailoring, dressmaking,
counseling services and similar uses. All such services require a
special use permit.
PERSONAL SERVICES, RESIDENTIAL DISTRICTS
Including tailoring, dressmaking, counseling services (other
than clergy) and similar uses. Personal services are not allowed in
"R-4" Multiple-Family Residence District except in a single-family
dwelling. All such services require a special use permit.
PLACE
An open unoccupied space other than a street or alley permanently
reserved as the principal means of access to abutting property.
PLACE OF EMPLOYMENT
Any enclosed area under the control of a public or private
employer which employees normally frequent during the course of employment,
including, but not limited to, work areas, employee lounges and restrooms,
conference rooms and classrooms, employee cafeterias and hallways.
A private residence is not a "place of employment" unless it is used
for home occupation as defined in this Chapter.
[Ord. No. 4490, 10-15-2018]
POT HOLES
Holes in asphalt that are small, bowl-shaped depressions
in the pavement surface that penetrate all the way through the asphalt
layer down to the base course.
[Ord. No. 4334 § 1, 11-7-2016]
PRIMARY RESIDENCE
An owner's permanent residence or usual place of return for
housing as documented by at least two (2) forms of identification
and an occupancy permit.
[Ord. No. 4490, 10-15-2018]
PRIVATE CLUB
A not-for-profit organization incorporated under the laws
of the State of Missouri for fraternal or social purposes or for a
congressionally chartered veteran's organization, which has a defined
membership and restricts admission to members of the club and their
guests. Private club shall not include an establishment that is generally
open to members of the general public upon payment of a fee. A private
club shall not be considered a "public place" except when it is in
the site of a meeting, event or activity that is open to the public.
[Ord. No. 4490, 10-15-2018]
PUBLIC PLACE
Any enclosed or other area to which the public is invited
or in which the public is permitted, including, but not limited to,
banks, educational facilities, reception areas, health facilities,
laundering facilities, public transportation facilities, production
and marketing establishments, retail service establishments, retail
stores, theaters, and waiting rooms. A private residence is not a
"public place."
[Ord. No. 4490, 10-15-2018]
RESALE SHOP
Any business establishment where more than thirty percent
(30%) of the merchandise consists of used items, such as appliances,
clothing, furniture, household goods and equipment.
RESIDENTIAL GROUP HOME
Home, including fraternities, and sororities, operated by
a not-for-profit corporation, which is supervised twenty-four (24)
hours per day by qualified persons. A "qualified person" shall mean a person qualified by education, training and experience,
or any combination thereof, for the position which they hold in the
residential group home.
RESTAURANT
An eating establishment, including, but not limited to, coffee
shops, cafeterias, sandwich stands and private and public school cafeterias,
which provides food to the public, guests or employees, and well as
kitchens and catering facilities in which food is prepared on the
premises for serving elsewhere. The term "restaurant" shall include
a bar and lounge area within the restaurant.
[Ord. No. 4490, 10-15-2018]
SCHOOL, PRIVATE
Any school other than a public school, including schools
owned and operated by a business establishment, a foundation or an
institution, as well as private or parochial elementary, junior or
senior high schools, or private and parochial colleges and universities.
SCHOOL, PUBLIC
Any school operated by a public school district or by a City,
County, State or Federal Government agency.
SERVICE LINE
Any indoor or outdoor line at which one (1) or more persons
are waiting for or receiving service of any kind, whether or not such
service involves the exchange of money.
[Ord. No. 4490, 10-15-2018]
SHOPPING MALL
An enclosed public walkway or hall area that serves to connect
retail or professional establishments.
[Ord. No. 4490, 10-15-2018]
SLIPPAGE CRACKS
That cracks are crescent-shaped cracks or tears in the surface
layer(s) of asphalt where the new material has slipped over the underlying
course.
[Ord. No. 4334 § 1, 11-7-2016]
SMOKING
Inhaling, exhaling, burning or carrying any lighted or heated
cigar, cigarette, pipe or other tobacco product.
[Ord. No. 4490, 10-15-2018]
SPORTS ARENA
Sports pavilions, gymnasiums, health spas, boxing arenas,
outdoor and indoor swimming pools, outdoor athletic fields, outdoor
and indoor roller and ice skating rinks, bowling alleys and other
similar places where members of the general public assemble either
to engage in physical exercise, participate in athletic competition
or witness sports events.
[Ord. No. 4490, 10-15-2018]
STORY
That portion of a building, other than a cellar included
between the surface of any floor and the surface of the floor next
above it or, if there be no floor above it, then the space between
the floor and the ceiling next above it.
STORY, HALF
A space under a sloping roof which has the line of intersection
or roof decking and wall face not more than three (3) feet above the
top floor level, and in which space not more than sixty percent (60%)
of the floor area is finished off for use. A half-story may be used
for occupancy only in conjunction with and by the occupants of the
floor immediately below.
STREET
All property dedicated or intended for public or private
street, highway, freeway or roadway purposes or subject to public
or private easements therefor.
STREET LINE
A dividing line between a lot, tract or parcel of land and
a contiguous street.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders, or any
substantial change in the roof or in the exterior walls.
STRUCTURE
Anything constructed or erected, the use of which requires
permanent location on the ground or attached to something having a
permanent location on the ground, including but without limiting the
generality of the foregoing, advertising signs, billboards, backstops
for tennis courts and pergolas.
SUBDIVIDER
The owner, agent or person having control of such land as
the term is used in this Chapter. "Subdivision" shall mean the division
of land into two (2) or more parts including the resubdivision of
a lot or parcel. Any sale or rental of a division of land by metes
and bounds or lot description shall constitute a subdivision of land
and shall require compliance with this Chapter unless it is a separate
parcel of record at the time of the effective date of this Chapter.
[Ord. No. 4490, 10-15-2018]
SUBDIVISION
The partitioning of a parcel or tract of land by an owner
or developer into two (2) or more lots of any size for the purpose
of sale, lease, or development, whether immediate or future; included
are all changes in street lines, dedication or platting of streets,
and changes in lot lines.
[Ord. No. 4490, 10-15-2018]
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed fifty percent (50%) of the market value of the structure
before the damage occurred.
[Ord. No. 4490, 10-15-2018]
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds fifty percent
(50%) of the market value of the structure before the "start of construction"
of the improvement. This term includes structures which have incurred
"substantial damage," regardless of the actual repair work performed.
The term does not, however, include either:
[Ord. No. 4490, 10-15-2018]
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary, or safety code specifications
which have been identified by the Building Commissioner or designee,
and which are the minimum necessary to assure safe living conditions;
or
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TRAILER
Any structure used for living, sleeping, business or storage
purposes, having no foundation other than wheels, blocks, skids, jacks,
horses or skirtings and which is, has been, or reasonably may be,
equipped with wheels or other devices for transporting the structure
from place to place, whether by motor power or other means.
USED CAR LOT OR SALES
The annual sale of more than four (4) used vehicles not in
conjunction with an automotive sales establishment.
VARIANCE
A modification of the specific requirements of this Chapter
granted by the Board of Adjustment in accordance with the terms of
this Chapter for the purpose of assuring that no property because
of special circumstances applicable to it shall be deprived of privileges
commonly enjoyed by other properties in the same vicinity and Zoning
District. Such modifications shall not include authorizing a use not
among the uses specified by this Chapter as permitted in any district
in which such property is located.
[Ord. No. 4490, 10-15-2018]
VEHICLE, MOTOR
Any self-powered vehicle moving on wheels or runners used
as a means of transport.
YARD
An open space on the same lot with a building, unoccupied
and unobstructed by any portion of a structure from the ground upward,
except as otherwise provided herein. In measuring a yard for the purpose
of determining the width of a side yard, the depth of a front yard
or the depth of a rear yard, the mean horizontal distance between
the lot line and the main building shall be used.
YARD, FRONT
A yard extending across the front of a lot between the side
yard lines and being the minimum horizontal distance between the street
line and the main building or any projection thereof, other than the
projection of the usual steps or entrance way.
YARD, REAR
A yard extending across the rear of a lot measured between
the rear lot lines and being the minimum horizontal distance between
the rear lot line and the rear of the main building, or any projections
other than steps, unenclosed balconies or unenclosed porches. On corner
lots the rear yard shall be considered as parallel to the street upon
which the lot has its least dimension. On both corner lots and interior
lots the rear yard shall in all cases be at the opposite end of the
lot from the front yard.
YARD, SIDE
A yard between the main building and the side line of the
lot, and extending from the front yard to the rear yard.