[Ord. No. 161 §1, 10-5-1971; Ord. No. 412 §1, 9-9-2002]
For the purpose of this Chapter, the following words and terms,
as used herein, are defined to mean the following:
Words used in the present tense include the future; words in
the singular number include the plural; and words in the plural number
include the singular; the word "building" includes
the word "structure", the word "shall" or the word "must" is mandatory; the term "used for" includes the meaning "designed for" or "intended for".
A subordinate building having a use customarily incident
to and located on the lot occupied by the main building; or a use
customarily incident to the main use of the property. A building housing
an accessory use is considered an integral part of the main building
when it has any part of a wall in common with the main building or
is under an extension of the main roof and designed as an integral
part of the main building.
A minor way which is used primarily for vehicular service
access to the back or side of properties otherwise abutting on a street.
Any addition, removal, extension or change in the location
of any exterior wall of a main building or accessory building.
A room or a suite of rooms within an apartment house arranged,
intended or designed for a place of residence of a single family or
group of individuals living together as a single housekeeping unit.
An apartment house which furnishes for the use of its tenants
services ordinarily furnished by hotels, but the privileges of which
are not primarily available to the public.
A building arranged, intended or designed for more than two
(2) families.
A story below the first (1st) story, as defined under "story", counted as a story for height regulations if subdivided
and used for dwelling purposes other than by a janitor or watchman
employed on the premises.
A piece or parcel of land entirely surrounded by public highways
or streets, other than alleys. In cases where the platting is incomplete
or disconnected, the Building Inspector shall determine the outline
of the block.
A building, other than a hotel, occupied as a single housekeeping
unit, where lodging or meals are provided for five (5) or more persons
for compensation, pursuant to previous arrangements, but not for the
public or transients.
An enclosed structure, anchored to permanent foundation and
having exterior or party walls and a roof, designed for the shelter
of persons, animals or property. When divided by other than common
or contiguous walls, each portion or section of such building shall
be regarded as a separate building, except that two (2) buildings
connected by a breezeway shall be deemed as one (1) building.
An open, unoccupied space, other than a yard, bounded on
three (3) or more sides by exterior walls of a building or by exterior
walls of a building and lot lines on which walls are allowable.
The mean level of the curb in front of the lot or, in case
of a corner lot, along that abutting street where the mean curb level
is the highest.
A building or portion thereof designed exclusively for residential
occupancy, including single-family, two-family and multiple-family
dwellings, boarding and lodging houses, apartment houses and apartment
hotels, but not motels, hotels, house trailers or mobile homes.
A building or portion thereof arranged, intended or designed
for occupancy by three (3) or more families, including apartment houses,
row houses and apartment hotels.
A detached building arranged, intended or designed for occupancy
by one (1) family, but not including house trailers or mobile homes.
A building arranged, intended or designed for occupancy by
two (2) families.
One (1) or more persons who are related by blood or marriage,
living together and occupying a single housekeeping unit with single
kitchen facilities or a group of not more than five (5) (excluding
servants) living together by joint agreement and occupying a single
housekeeping unit with single kitchen facilities on a non-profit cost-sharing
basis.
A family shall not include a group home managed by a for-profit
or a not-for-profit organization whereby released convicts or prisoners
receive counseling, training or rehabilitation.
A building or portion thereof, other than a public, private
or storage garage as defined below , providing storage for motor vehicles
with facilities for washing, but no other services, such garage to
be in lieu of private garages within a block or portion of block.
An accessory building for storage only of motor vehicles.
A building or portion thereof designed or used for the storage,
sale, hiring, care or repair of motor vehicles, which is operated
for commercial purposes.
A building or portion thereof, except those defined as a
private, a public or a community garage, providing storage for more
than four (4) motor vehicles with facilities for washing but no other
services.
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.
A dwelling project consisting of three (3) or more buildings
to be constructed on a plot of ground which is not subdivided into
customary streets or lots or where the existing or contemplated street
or streets or lot layouts make it impractical to apply the requirements
of this Chapter to the individual building units in such housing project.
The vertical distance measured from the highest of the following
two (2) levels:
From the established or mean street grade.
From the average finished ground level adjoining the building
if it sets back from the street line to the level of the highest point
of the roof beams of flat roofs or roofs including not more than one
(1) inch to the foot or to the mean height level of the top of the
main plates and highest ridge for other roofs.
The vertical distance from the lowest level of such yard
or court to the highest point of any boundary wall.
A building occupied or used as a more or less temporary abiding
place of individuals or groups of individuals who are lodged, with
or without meals, and in which there are more than twelve (12) sleeping
rooms and no provisions for cooking in individual rooms.
A parcel of land occupied or to be occupied by one (1) main
building or unit group of buildings and the accessory buildings or
uses customarily incident thereto, including such open spaces as are
required under this Chapter and having its principal frontage upon
a public street or approved place. A lot, as used herein, may consist
of one (1) or more platted lots or tract or tracts, as conveyed, or
parts thereof.
A lot abutting upon two (2) or more streets at their intersection.
A corner lot shall be deemed to front on that street on which it has
its least dimension, unless otherwise specified by the Building Inspector.
The mean horizontal distance from the front street line to
the rear line.
A lot whose side lot lines do not abut upon any street.
The boundary between a lot and the street on which it fronts.
The boundary line which is opposite and most distant from
the front street line; except that in the case of uncertainty the
Building Inspector shall determine the rear line.
Any lot boundary line not a front or rear line thereof. A
side line may be a party lot line, a line bordering on an alley or
place or a side street line.
The lines bounding a lot as defined herein.
A corner lot whose front lot line faces at right angles to
the front lot lines of the interior lots or whose rear lot line abuts
the side lot lines of interior lots.
An interior lot having frontage on two (2) streets.
The horizontal distance between side lines, measured at the
front building line.
A lot whose boundary lines, along their entire length touched
lands under other ownership as shown by plat or deed recorded in the
office of the Recorder of Deeds of Benton County on or before the
date of the adoption of this Chapter (October 5, 1971).
A use, building or yard which does not, by reason of design,
use, or dimensions, conform to the regulations of the district in
which it is situated. It is a legal non-conforming use if established
prior to the passage of this Chapter (October 5, 1971).
An open, unoccupied space other than a street or alley permanently
established, or dedicated as the principal means of access to property
abutting thereon.
A portable building or structure shall mean any structure
which meets any of the following criteria:
[Ord. No. 605, 10-12-2015]
Is originally designed to be moved from place to place by any
means whatsoever, whether on wheels, skids or otherwise.
Any structure which is not originally designed to be permanently
attached to the real property on which it sets by means of a permanent
foundation.
No water or sewer connections can be made to the structure.
Must meet the same setback codes of the zone in which the structure
is set.
An application for a permit to assemble, place, or locate such
structure shall be completed and signed by the applicant and shall
thereafter be filed with the City Clerk, together with the prescribed
fees as set forth in the codes of the City of Lincoln.
The total floor area of a building exclusive of stairways,
rest rooms, storage rooms, hallways, or other areas which are not
regularly used by inhabitants, visitors, employees, clients, customers,
patients or patrons in their normal everyday use of the building.
Any words, numerals, figures, devices, designs or trademarks
by which information is made known, such as are used to identify a
building, structure or object or designate or mention an individual,
profession, firm, business or commodity.
An accessory building for the keeping of horses, ponies or
cows, owned by occupants of the premises and not kept for remuneration,
hire or sale.
A stable other than a private or riding stable as defined
herein.
A structure in which horses or ponies, used exclusively for
pleasure riding or driving, are housed, boarded or kept for remuneration,
hire or sale.
That part of a building included between the surface of one
(1) finished floor and the surface of the finished floor next above
or, if there be no floor above, that part of the building which is
above the surface of the highest floor thereof. A top story attic
is a half story when the main line of the eaves is not above the middle
of the interior height of such story. The first (1st) story is the
highest story having its interior floor surface not more than four
(4) feet above the curb level, established or mean street grade or
average ground level as mentioned in "Height of Buildings" of this
Section.
A right-of-way which affords principal means of vehicular
access to property abutting thereon.
The dividing line between the street and the abutting property.
Any alteration involving a change in or addition to the supporting
members of a building, such as bearing walls, columns, beams or girders.
Anything constructed or erected which requires location on
the ground or attached to something having a location on the ground
including, but not limited to, signs and excepting utility poles,
fences and retaining walls.
A tract or parcel of land upon which two (2) or more tourist
sleeping units and the required parking areas are located.
Land used or intended to be used, let or rented for occupancy
by two (2) or more house trailers or mobile homes.
Relief from or variation of the provisions of these regulations,
other than use regulations, as applied to a specific piece of property,
as distinct from rezoning, as further set out hereinafter in Powers
and Duties of the Board of Adjustment.
An open space at grade between a building and the adjoining
lot lines, 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 or
the depth of a front yard or a rear yard, the minimum horizontal distance
between the lot line and the main building shall be used.
A yard across the full width of the lot from the front line
of the main building to the front line of the lot.
A yard between the rear lot line and the rear line of the
main building and the side lot lines.
A yard between the main building and the adjacent side line
of the lot and extending entirely from the front yard to the rear
yard.
[Ord. No. 161 §2, 10-5-1971]
These regulations shall be known and may be cited as the Zoning
Ordinance of Lincoln, Missouri.
