[Ord. No. 849 § 445.1, 10-16-2007]
A.
The provisions of these regulations shall be held to be the minimum
requirements necessary for the promotion of public health, safety,
order or the general welfare. Minimum values are not intended to be
target values. In some instances, topography or other conditions may
create the need to exceed stated minimum standards.
B.
Words defined in this Chapter are those having a special meaning
relative to the purposes of these regulations. Words and terms not
defined in these regulations but defined elsewhere in the City Code
shall be given the meanings set forth therein. Words not defined in
the City Code shall be defined by reference to Webster's Third New
International Dictionary, unabridged, 1993, or, if not defined therein,
by reference to the Missouri Revised Statutes, which documents are
hereby incorporated by reference as if set forth in their entirety
herein.
C.
All provisions of these regulations shall be construed to be in addition
to all other applicable laws, ordinances and rules of the Federal
Government, the State of Missouri and the City of Lake Lotawana, and
in case of any conflict between these regulations and any such other
law, ordinance or rule, the more restrictive shall prevail.
D.
In the interpretation of these regulations, the provisions and rules
of this Section shall be observed and applied, except when the context
clearly requires otherwise:
1.
Words used or defined in one (1) tense or form shall include
other tenses and derivative forms.
2.
More specific standards or regulations shall supersede more
general standards or regulations.
3.
Words in the singular number shall include the plural number,
and words in the plural number shall include the singular number.
4.
The masculine gender shall include the feminine, and the feminine
gender shall include the masculine.
5.
The words "shall" and "must" are mandatory.
6.
The word "may" is permissive.
7.
The words "include" and "including" mean include or including
by way of illustration and not by way of limitation.
8.
The word "person" includes individuals, firms, corporations,
associations, trusts and any other similar entities.
9.
In case of any difference of meaning or implication between
the text of these regulations and any caption, illustration, or table,
the text shall control.
10.
The phrase "use for" includes arranged for, designed for, intended
for, maintained for and occupied for.
11.
The phrase "land use" and "use of land" shall be deemed also
to include building and use of building.
[Ord. No. 849 § 445.2, 10-16-2007; Ord. No. 943, 3-20-2012; Ord. No.
945, 3-20-2012]
As used in this Chapter, the following terms shall have these
prescribed meanings:
See "base flood."
Poles, towers, supports, wires, conductors, guys, stubs,
platforms, cross-arms, braces, line transformers, insulators, cutouts,
switches, communication circuits, appliances and similar structures,
attachments and appurtenances located above ground, upon, along, across
or over any property in the City, including the streets, alleys and
easements, and used in supplying electricity, communications or similar
or related services.
A structure detached from the principal building located
on the same lot and customarily incidental and subordinate to the
principal building or use. An accessory structure does not permit
living quarters. See also "appurtenant structure."
Includes the placing of construction materials in permanent
position and fastened in a permanent manner, except that where demolition
or removal of an existing building is required, such demolition or
removal shall be deemed to be actual construction, provided that work
shall be diligently carried on until completion of the building involved.
See "risk premium rates."
Facilities determined to be capable of supporting and servicing
the physical area and designated intensity of the proposed subdivision
as determined by the Governing Body based upon specific levels of
service.
Next to or within one hundred (100) feet. Adjacent properties
include those properties which abut a property, as well as properties
with any portion being located within one hundred (100) feet of any
boundary of the subject property. If right-of-way abutting the property
exceeds one hundred (100) feet in width, then land directly across
the right-of-way from the subject tract shall be considered adjacent.
The Federal Insurance Administrator.
Adult uses are those which are not open to the public generally
but only to one (1) or more classes of the public and excluding any
minor by reason of age, a minor being a person under the age of eighteen
(18) years. Adult uses involve specified sexual activities, including,
but not limited to, adult bookstores, adult motion picture theaters,
adult mini-motion picture theaters, adult massage parlors, adult saunas,
adult rap/conversation parlors, adult health clubs, juice bars and
adult cabarets, or similar adult uses.
The Federal Emergency Management Agency (FEMA).
Subdivisions which, when approved, met all then-existing
regulations, but are inadequate by current market, land use or environmental
standards.
A request for review of the Floodplain Administrator's interpretation
of any provision of this Chapter or a request for a variance.
Any person requesting approval of any development application
pursuant to these regulations, and shall include the owner of land
proposed to be subdivided or its representative who shall have express
written authority to act on behalf of the owner. Where the applicant
is not the owner of the property which is the subject of the development
application, written consent shall be required from the legal owner
of the property.
A request for any development approval including all supplementary
information specified in the application.
A structure that is on the same parcel of property as the
principal structure to be insured and the use of which is incidental
to the use of the principal structure. See also "accessory structure."
The land in the floodplain within a community subject to
a one percent (1%) or greater chance of flooding in any given year.
Refers to buildings or structures that either, share one
(1) or more walls and/or rooflines with an adjoining building or structure.
A farm building used for storing farm products, farm equipment,
or sheltering livestock.
The flood having a one percent (1%) chance of being equaled or exceeded in any
given year.
The lowest story of a building, located totally or partially
underground, and having the foundation of the building as all or part
of its walls.
Any area of the structure having its floor subgrade (below
ground level) on all sides.
A tract of land bounded by streets, or by a combination of
streets and public parks, cemeteries, railroad rights-of-way, shorelines
of waterways, or boundary lines of municipalities.
See "Board of Aldermen."
The Lake Lotawana Board of Adjustment.
The duly elected Board of Aldermen, the chief legislative
body of the municipality.
A structure projecting into the water for the purpose of
boat mooring or swimmers' use. Mooring may be to the sides, front,
or in a well recessed into the dock.
An apparatus projecting into the water for the purpose of
cradling and lifting a boat above the water.
Similar to a boat dock, but including a roof, with or without
enclosures such as wells or storage lockers.
Any form of a surety bond in an amount and form satisfactory
to the Governing Body. All bonds shall be approved by the Governing
Body whenever a bond is required by these regulations.
Any structure having a roof supported by a column or a wall
or walls for the housing or enclosure of persons, animals or chattels.
See "structure."
The person designated by the local government to enforce
these regulations. If no separate Building and Zoning Inspector is
appointed by the Board of Aldermen, the Zoning Administrator shall
function as the Building and Zoning Inspector.
The International Building Code, as amended, updated and
supplemented, and the Performance Code for Buildings and facilities,
as amended, updated and supplemented, both published by the International
Conference of Building Officials, are hereby adopted as the Building
Code of the City of Lake Lotawana.
Any activity which enables a person or group of persons to
remain overnight on a piece of property for a temporary period, either
without a structure or in a tent or similar temporary structure.
A public facility with a life expectancy of three (3) or
more years, to be owned and operated by or on behalf of the local
government.
A plan setting forth, by category of public facilities, those
capital improvements and that portion of their costs which are attributable
to serving new development within designated service areas for such
public facilities over a period of specified years [ten (10) to twenty
(20)]. Capital improvements program may refer either to the plan for
a particular service area or to the aggregation of capital improvements
and the associated costs programmed for all service areas for a particular
category of public facilities.
A roofed structure without walls or doors for the storage
of motor vehicles.
The suspended or floating walkway that leads from the shore
or sea wall to the boat dock, boathouse, boat lift or other docking
structure.
A community sewer system, including collection and treatment
facilities established by the developer to serve a new subdivision
in an outlying area.
The official of the community who is charged with the authority
to implement and administer laws, ordinances, and regulations for
that community.
The City of Lake Lotawana, Missouri.
The licensed attorney designated by the Board of Aldermen
to furnish legal assistance for the administration of these regulations.
The licensed engineer designated by the Board of Aldermen
to provide engineering consultation services on policy and day-to-day
operations for the administration of these regulations.
A technique which allows lots to be reduced in size and buildings
to be sited closer together, provided the total development density
does not exceed that which could be constructed on the site under
conventional zoning, with the remaining land is utilized for open
space or public purposes.
Any State or area or political subdivision thereof which
has authority to adopt and enforce floodplain management regulations
for the areas within its jurisdiction.
The Comprehensive Plan of the City of Lake Lotawana, Missouri;
a Comprehensive Plan for development of the local government prepared
and adopted by the Planning and Zoning Commission, pursuant to State
law, and including any part of such plan separately adopted and any
amendment to such plan, or parts thereof.
An informal map or drawing of a proposed subdivision or site
plan sufficient for the purpose of general discussion and review but
which carries no vesting rights or obligations on any party.
Requirement that development applications demonstrate that
adequate public facilities be available at prescribed levels of service
concurrent with the impact or occupancy of development units.
A use permitted in a zoning district upon a showing that
such use in a specified location will comply with all conditions and
standards as designated by the reviewing and approving authority.
The maps or drawings accompanying a subdivision plat and
showing the specific location and design of improvements to be installed
in the subdivision in accordance with the requirements of the Planning
and Zoning Commission as a condition of the approval of the plat.
Improvements may include, but are not limited to, road plans and profiles,
drainage plans and utility plans.
Lots are contiguous when at least one (1) boundary line of
one lot touches a boundary line or lines of another lot.
Jackson County, Missouri.
A sundeck with a partial or full roof covering.
[Ord. No. 22-12, 4-19-2022]
A cover on a fixture that keeps light from going uselessly
up or sideways.
Any person, group, firm, corporation, partnership, association
or other entity which is the owner of land which is the subject of
any application for development approval or is responsible for any
undertaking that requires review and/or approval under these regulations.
Any man-made change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, levees, levee systems,
mining, dredging, filling, grading, paving, excavation or drilling
operations, or storage of equipment or materials.
The division of land into two (2) or more parcels; the construction,
reconstruction, structural alteration, relocation or enlargement of
any structure; any quarry, sand or gravel excavation or substantial
land alteration; or the use or extension of the use of land.
Agreement between the City, through the Board of Aldermen,
and developer through which the Board of Aldermen agrees to vest development
use or intensity or refrain from interfering with subsequent phases
of development through new legislation in exchange for the provision
of public facilities or amenities by the developer in excess of those
required under current community regulations.
Any approval or permit or order authorizing or relating to
the development of land issued by the City, or any agency of the City,
in connection with the use of land.
The zoning and subdivision regulations of the City of Lake
Lotawana, as amended.
Any structure not described as a boat dock, boathouse, boat
lift or catwalk that is anchored or cabled, and used as a dock.
The removal of surface water or groundwater from land by
drains, grading or other means.
A building designed exclusively for residential occupancy.
One (1) or more connecting rooms designed, occupied or intended
for occupancy as a separate living quarter for occupancy by a single
household, which have direct access to the outside or to a common
hall, with lawful cooking, sleeping and sanitary facilities provided
within the dwelling unit. Dwelling units are usually located in dwelling,
but may be included as a mixed or accessory use in buildings or in
group quarters.
Authorization by a property owner for another to use all
or a specified portion of the owner's property for a specified purpose.
The National Electrical Code, as amended, updated and supplemented,
published by the National Fire Protection Association, is hereby adopted
as the Electrical Code of the City of Lake Lotawana.
Electrical power lines or networks designed to transmit electrical
power for regional use.
For insurance purposes, a non-basement building which has
its lowest elevated floor raised above ground level by foundation
walls, shear walls, posts, piers, pilings, or columns.
A community for which the Administrator has authorized the
sale of flood insurance under the National Flood Insurance Program
(NFIP).
Division of the Public Works Department responsible for regulation
of on-site disposal waste treatment systems.
A deposit of cash with the local government or escrow agent
to secure the promise to perform some act.
For the purposes of determining rates, structures for which
the "start of construction" commenced before the effective date of
the FIRM or before January 1, 1975, for FIRMs effective before that
date. "Existing construction" may also be referred to as "existing
structures."
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
An individual or two (2) or more persons related by blood,
marriage or adoption, or a group of not more than five (5) persons
who need not be related by blood, marriage or adoption, living together
and subsisting in common in a dwelling unit as a separate, non-profit
housekeeping unit, which provides only one (1) kitchen.
A map or drawing of all or a portion of a subdivision or
site plan that is presented for development approval to the approving
authorities for final approval.
The map of a subdivision to be recorded after approval by
the Planning and Zoning Commission and any accompanying material as
described in these regulations.
The International Fire Code, as amended, updated and supplemented,
published by the International Fire Code Institute, is hereby adopted
as the Fire Code of the City of Lake Lotawana.
Lots within platted blocks situated closest to the lake.
An Official Map of a community on which the Administrator
has delineated both special flood hazard areas and the designated
regulatory floodway.
A determination by the Administrator of the water surface
elevations of the base flood, that is, the flood level that has a
one percent (1%) or greater chance of occurrence in any given year.
An examination, evaluation and determination of flood hazards.
The area outside the floodway encroachment lines, but still
subject to inundation by the regulatory flood.
An Official Map of a community, issued by the Administrator,
where the boundaries of the flood areas having special flood hazards
have been designated as (unnumbered or numbered) A Zones.
An Official Map of a community on which the Administrator
has delineated both the special flood hazard areas and the risk premium
zones applicable to the community.
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
and/or the unusual and rapid accumulation or runoff of surface waters
from any source.
The channel and adjoining lands of a natural river or stream
which has been or may be inundated partially or completely by floodwater
identified by the United States Corps of Engineers as a one-hundred-year
flood.
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including, but not limited to,
emergency preparedness plans, flood control works, and floodplain
management regulations.
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as floodplain
and grading ordinances) and other applications of police power. The
term describes such State or local regulations, in any combination
thereof, that provide standards for the purpose of flood damage prevention
and reduction.
Any land area susceptible to being inundated by water from
any source (see "flooding").
Any combination of structural and non-structural additions,
changes, or adjustments to structures that reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, or structures and their contents.
The lines marking the limits of floodways on Federal, State
and local floodplain maps.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one (1) foot.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as bridge openings and the hydrological
effect of urbanization of the watershed.
The boundary line of a lot nearest to the lake with respect
to first tier lots, and the boundary line of a lot nearest to a road
with respect to all other lots, except that in the case of lots abutting
on more than one (1) road and in the case of ambiguity or uncertainty,
the Zoning Administrator shall determine and designate the front lot
line.
An open space unoccupied by buildings or structures (other
than a garage) on the same lot with a building, between the side lot
lines, the front lot line and the wall of the building (other than
a garage) closest to the front lot line and the line of that wall
extended. The minimum depth of the front yard shall be the distance
between the front lot line and the nearest point of a building (other
than a garage).
That side of a lot abutting on a street or way and ordinarily
regarded as the front of the lot; but it shall not be considered as
the ordinary side of a corner lot.
A use that cannot perform its intended purpose unless it
is located or carried out in close proximity to water. This term includes
only docking facilities and facilities that are necessary for the
loading and unloading of cargo or passengers, but does not include
long-term storage or related manufacturing facilities.
A building or wing of a building in which to park or store
vehicles.
Light that beams directly from the bulb into the eye causing
annoyance, discomfort, or loss of visual performance.
The Board of Aldermen.
The slope of a road, street, or other public way specified
in percentage terms.
Water below the ground surface in a zone of saturation.
A single-family residence which is sponsored by a public,
private or not-for-profit entity for the residence and care of physically
or mentally disabled persons, abandoned or neglected children, or
juvenile offenders, in which not more than eight (8) unrelated people
reside, not on a temporary basis, and which functions as a single
housekeeping unit.
The top story of a building with living space equal to or
less than sixty percent (60%) of the floor below whether the floor
below consists of living space, storage space, or garage area. Living
space in the "half story" is defined as that area having a minimum
ceiling height of seven (7) feet.
The agency and person designated by the Governing Body to
administer the health regulations of the local government or of the
County.
The height of a building shall mean the vertical distance
measured from the average finished ground level adjoining the foundation
of the building on the street side, to the highest point of the top
of the building. For purposes of determining the highest point, parapet
walls and rooftop heating, ventilation, and air conditioning ("HVAC")
equipment and associated screening shall not be included.
[Ord. No. 17-05, 8-1-2017]
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a State Inventory of Historic Places
in States with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Any construction that results in an increase in living space
or storage space to an existing structure.
High-pressure sodium.
See "lot improvement" or "public improvement."
The body of water identified as Lake Lotawana as shown on
the plat of Lake Lotawana as recorded in the office of the Recorder
of Deeds for Jackson County, Missouri, at Independence.
Acting with the purpose of meeting specific criteria regarding
uses of outside space, including ground cover, buffers, and shade
trees.
Light beamed upward into the sky.
Height at which a light fixture on a pole is to be placed
for maximum usage with the least trespass.
Any light that shines on neighboring property.
The enclosed area of a dwelling suitable for year-round use,
embodying walls, floors, and ceiling that are similar to the rest
of the dwelling. This area of the dwelling is equipped to receive
heating and cooling from a permanently installed source with continuous
power. The walls and ceilings must be finished and the floors must
be completely covered with an installed covering. Finished space that
lacks permanent stairs or direct access are not considered living
area.
[Ord. No. 21-24, 2-15-2022]
A parcel of land occupied or to be occupied by a building,
and including such open spaces as are required under these regulations,
and having its principal frontage at its front lot line. A parcel
of land that is defined on a subdivision plat of record, which is
intended to be occupied by a principal building(s) or building(s)
and open space. Streets are not included in this definition.
The area of the lot shall be the net horizontal area of the
lot and shall not include portions of streets, alleys and water bodies.
The horizontal distance from the front property line to the
rear property line. If front and rear property lines are not parallel,
the lot depth is the shortest distance between the front and rear
property lines.
The distance for which a zoning lot abuts on a street. In
case of two (2) or more frontages, the Director shall define lot frontage.
Any building, structure, place, work of art, or other object
situated on a lot.
A line of record bounding a lot which divides one (1) lot
from another lot or from a public or private street or any other public
space.
The horizontal distance between side property lines measured
parallel to the street said property lines or to the tangent of a
curved street property line.
A lot abutting upon two (2) or more intersecting streets.
A corner lot shall be deemed to front on that street on which it has
its least dimension.
An interior lot having frontage on two (2) non-intersecting
streets.
A lot having no frontage or access to a street or place except
by a narrow strip of land.
A lot whose side lines do not abut on any street.
The lowest floor of the lowest enclosed area, including basement.
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access, or storage, in an area other than a
basement area, is not considered a building's lowest floor, provided
that such enclosure is not built so as to render the structure in
violation of the applicable floodproofing design requirements of this
Title.
A planning document, with associated maps and exhibits, as
well as supporting goals and policies, identifying a transportation
network of vehicular circulation and pedestrian access, a functional
classification of streets and present and proposed major streets of
the City.
All subdivisions not classified as minor subdivisions, including,
but not limited to, subdivisions of three (3) or more lots, or any
size subdivision requiring any new street or extension of the local
government facilities or the creation of any public improvements,
and not in conflict with any provision or portion of the Comprehensive
Plan, Official Map or these regulations.
A structure, transportable in one (1) or more sections, that
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a "recreational vehicle."
Factory-built, single-family structures that meet the National
Manufactured Home Construction and Safety Standards Act (42 U.S.C.
§ 5401 et seq.). A manufactured home has a structural frame
or chassis that supports the complete unit of walls, floor, and roof.
Underneath is a running gear consisting of wheels, axles, and brakes
for transportation to the homesite. Manufactured homes are built to
be a permanent residence; they are not built for traveling, but can
be transported to different sites by professional movers.
A parcel (or contiguous parcels) of land divided into two
(2) or more manufactured home lots for rent or sale.
The Flood Hazard Boundary Map (FHBM), Flood Insurance Rate
Map (FIRM), or the Flood Boundary and Floodway Map (FBFM) for a community
issued by the Federal Emergency Management Agency (FEMA).
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport, and sell marijuana to a dispensary
facility, marijuana testing facility, or to a marijuana-infused products
manufacturing facility.
[Ord. No. 21-22, 11-2-2021; Ord.
No. 23-05, 3-21-2023]
A facility licensed by the State of Missouri to acquire,
store, sell, transport, and deliver marijuana, marijuana-infused products
and drug paraphernalia used to administer marijuana as provided for
in this Code to a qualifying patient, a primary caregiver, another
marijuana dispensary facility, a marijuana testing facility, or a
marijuana-infused projects manufacturing facility.
[Ord. No. 21-22, 11-2-2021; Ord.
No. 23-05, 3-21-2023]
Any marijuana cultivation facility, marijuana dispensary
facility, marijuana-infused products manufacturing facility, marijuana
testing facility, or a marijuana transportation facility.
[Ord. No. 21-22, 11-2-2021; Ord.
No. 23-05, 3-21-2023]
Cannabis Indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
seed thereof and resin extracted from the plant and marijuana-infused
products.
[Ord. No. 21-22, 11-2-2021]
A facility certified by the State of Missouri, to acquire,
test, certify, and transport marijuana.
[Ord. No. 21-22, 11-2-2021; Ord.
No. 23-05, 3-21-2023]
A facility certified by the State of Missouri to store and
transport marijuana.
[Ord. No. 21-22, 11-2-2021; Ord.
No. 23-05, 3-21-2023]
Products that are infused with marijuana or an extract thereof
and are intended for use or consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures and concentrates.
[Ord. No. 21-22, 11-2-2021]
A facility licensed by the State of Missouri, to acquire,
store, manufacture, transport, and sell marijuana-infused products
to a marijuana dispensary facility, a marijuana test facility, or
to another marijuana-infused projects manufacturing facility.
[Ord. No. 21-22, 11-2-2021; Ord.
No. 23-05, 3-21-2023]
An estimate of what is fair, economic, just and equitable
value under normal local market conditions.
For purposes of the National Flood Insurance Program (NFIP),
the National Geodetic Vertical Datum (NGVD) of 1929 or other datum
to which base flood elevations shown on a community's Flood Insurance
Rate Map (FIRM) are referenced.
The Uniform Mechanical Code, as amended, updated and supplemented,
published by the International Association of Plumbing and Mechanical
Officials, is hereby adopted as the Mechanical Code of the City of
Lake Lotawana, Missouri.
Those lights which are designed for dusk to dawn usage and
furnished by the electrical utility company on a contractual basis.
Those improvements made to existing buildings, signs, walls,
fences or other structures, which are non-structural in nature and
which are identified in the City's administrative regulations, as
amended.
Any subdivision containing not more than three (3) lots fronting
on an existing street, not involving any new street or road, or the
extension of municipal facilities or the creation of any public improvements,
and not adversely affecting the remainder of the parcel or adjoining
property, and not in conflict with any provision or portion of the
Comprehensive Plan, Official Map or these regulations.
A movable, detached, single-family dwelling unit constructed
or fabricated within a factory complete with an integral utility system
capable of being connected to an outside system; which can be transported
over the road on its own chassis and wheels to the site where it is
to be connected semipermanently to a separate utility system, and
is not permanently attached to any foundation as required for a permanent
conventional structure. The term "mobile home" shall include mobile
homes made of two (2) or more separately towable components designed
to be joined into one (1) single residential unit which is kept on
a separate chassis for repeated hauling.
Modular homes are constructed to the same State and local
building codes and are subject to the same zoning regulations as site-built
homes. Modular homes must conform to the requirements of the Uniform
Building Code and be inspected at the factory where they are assembled.
In contrast, manufactured homes comply with the National Manufactured
Home Construction and Safety Standards Act[1] which requires homes to be constructed on a non-removable
steel chassis.
For the purposes of determining insurance rates, structures
for which the "start of construction" commenced on or after the effective
date of an initial FIRM or after December 31, 1974, whichever is later,
and includes any subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures for which
the "start of construction" commenced on or after the effective date
of the floodplain management regulations adopted by a community and
includes any subsequent improvements to such structures.
A project involving the construction, reconstruction, redevelopment,
conversion, structural alteration, relocation, or enlargement of any
structure; or any change in the use commencement of land; and which
requires either the approval of a plat or the issuance of a permit
pursuant to these regulations. To develop is to create a new development.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lot on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of floodplain management regulations adopted by the community.
The National Flood Insurance Program.
One (1) that does not, by reason of use, design or size,
comply with the regulations of the district in which it is situated.
The map established by the Board of Aldermen pursuant to
law showing the streets, highways, parks, drainage systems and setback
lines laid out, adopted, and established by law, and any amendments
or additions adopted by the Governing Body resulting from the approval
of subdivision plats by the Planning and Zoning Commission and the
subsequent filing of approved plats.
A septic tank, seepage tile sewage disposal system, or any
other approved individual wastewater disposal system.
Any parcel of land or water essentially unimproved or otherwise
devoid of structures and paved areas set aside, dedicated, designated
or reserved for public or private use or enjoyment, or for the use
and enjoyment of owners and occupants of land adjoining or neighboring
such open space.
[Ord. No. 19-01, 4-3-2019]
Any legislative action, however denominated, of a local government
which has the force of law, including any amendment or repeal of any
ordinance.
A zoning district that encompasses one (1) or more underlying
base zoning districts and that imposes additional development, design
and performance standards beyond what is required in the underlying
base zone.
A contiguous lot or tract of land owned and recorded as the
property of the same persons or controlled by a single entity.
An area of public land laid out with walks, drives, playgrounds,
etc., for public use and enjoyment.
[Ord. No. 19-01, 4-3-2019]
Also known as an "eligible community." A community in which
the Administrator has authorized the sale of flood insurance.
Any individual or group of individuals, corporation, partnership,
association, or any other entity, including Federal, State, and local
governments and agencies.
An area to be planned, developed, operated and maintained
according to a master development plan as a single entity and containing
one (1) or more structures with appurtenant common areas.
A development constructed on a tract of minimum size, under
single ownership and control, planned and developed as an integral
unit and consisting of a combination of residential and/or non-residential
uses on the land. See also "planned development."
The Planning and Zoning Commission of the City of Lake Lotawana,
Missouri.
A map or drawing representing a tract of land showing the
boundaries and location of individual lots and streets; a map or drawing
of a subdivision or site plan.
The Uniform Plumbing Code, as amended, updated and supplemented,
published by the International Association of Plumbing and Mechanical
Officials, is hereby adopted as the Plumbing Code of the City of Lake
Lotawana.
A dwelling unit constructed or fabricated in one (1) or more
units, in a factory, complete with an integral utility system capable
of being connected to an outside system, and can be transported over
the road to the site where it is to be permanently attached to a foundation,
as required for permanent conventional structure and so as to become
an integral part of the real estate.
That portion of a preliminary plat submitted in connection
with a multi-phase or phased subdivision application which provides
the information and graphics meeting the requirements of this Title
for the purpose of implementing an integrated development scheme for
all phases of the proposed subdivision.
The preliminary drawing or drawings, described in these regulations,
indicating the proposed manner or layout of the subdivision to be
submitted to the Planning and Zoning Commission for approval.
A structure in which is conducted the primary or predominant
use of the lot.
At least fifty-one percent (51%) of the actual cash value
of the structure, less land value, is above ground.
A meeting announced and advertised in advance and open to
the public, with the public given an opportunity to talk and participate.
A public hearing held in a contested case (as defined pursuant to
Chapter 536, RSMo.) or in connection with a quasi-judicial determination
may be referred to as an adjudicatory public hearing and shall be
conducted in accordance with law and in a manner which permits persons,
including the applicant and any opponents, may call witnesses and
introduce evidence for the purpose of demonstrating that the requested
development approval should or should not be granted. Witnesses in
such adjudicatory public hearing shall be sworn and subject to cross-examination.
The rules of civil procedure binding on the courts shall not, however,
be applicable.
Any improvement, facility or service together with its associated
site or right-of-way necessary to provide transportation, drainage,
utilities or similar essential services and facilities and that are
usually and customarily owned and operated by a governmental agency.
A meeting of the Planning and Zoning Commission or Governing
Body preceded by notice, open to the public and at which the public
may, at the discretion of the body holding the public meeting, be
heard.
A Missouri resident diagnosed with at least one (1) qualifying
medical condition.
[Ord. No. 21-22, 11-2-2021]
The boundary line of a lot which is opposite and most distant
from the front lot line of the lot. In case of uncertainty the zoning
engineer shall determine and designate the rear lot line.
An open space, unoccupied by buildings or structures (other
than a garage) on the same lot with a building, between the side lot
lines, the rear lot line and the wall of the building (other than
a garage) closest to the rear lot line and the line of that wall extended.
The minimum depth of the rear yard shall be in the distance between
the rear lot line and the nearest point of a building (other than
a garage).
The placement of overhead facilities for a distance of three
(3) or more spans [four (4) poles] or five hundred (500) feet or less,
exclusive of replacements due to casualty damage.
Any reasonable means of providing an account of some act,
proceeding or hearing designed to remain as a memorial or permanent
evidence of the matter to which it relates, including, but not limited
to, written or audio and/or video format.
A vehicle which is:
Built on a single chassis;
Four hundred (400) square feet or less when measured at the
largest horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
Removal of existing facilities with subsequent reinstallation
at an adjacent location, generally necessitated by roadway improvements
or widening projects.
To bring the structure or other development into compliance
with Federal, State, or local floodplain management regulations or,
if this is not possible, to reduce the impacts of its non-compliance.
A structure using traditional wood-frame construction methods
characterized by wood framing materials and exterior walls using wood,
masonry or brick.
[Ord. No. 18-05, 7-3-2018]
Those rates established by the Administrator pursuant to
individual community studies and investigations which are undertaken
to provide flood insurance in accordance with Section 1307 of the
National Flood Disaster Protection Act of 1973[2] and the accepted actuarial principles. "Risk premium rates"
include provisions for operating costs and allowances.
A thoroughfare or way which affords principal means of access
to property abutting thereon, which includes streets, bridges and
roadways.
A temporary use of property of facilities for the selling
of produce when such produce has not been grown on the premises by
the owner of the property concerned.
The improved portion of a thoroughfare, exclusive of berm
or shoulder, used for vehicular travel.
Ownership by the same person, corporation, firm, entity,
partnership or unincorporated association; or ownership by different
corporations, firms, entities or unincorporated associations in which
a partner, owner, stockholder, associate or a member of the family
owns an interest in each corporation, firm, partnership, entity or
unincorporated association.
Various combinations of walls, fences, earthen berms, trees,
shrubbery, and landscape materials which comprise a screening plan
to fulfill the requirements and serve the purposes of these regulations.
Facilities located on private property and/or for the specific
purpose of servicing one (1) customer.
Lines that roughly parallel to the front, side or rear lot
line establishing the minimum space to be provided as the front, side
or rear yard.
A small building or structure used for storage. Can be freestanding
and open on one (1) side.
A building used for manufacture or repair.
Any boundary line of a lot which is neither a front lot line
nor a rear lot line.
A sketch preparatory to the preliminary plat (or final plat
in the case of minor subdivisions) to enable the applicant to save
time and expense in reaching general agreement with the Planning and
Zoning Commission as to the form of the plat and the objectives of
these regulations.
See "area of special flood hazard."
An area having special flood hazards and shown on a FHBM,
FIRM or FBFM as Zones (unnumbered or numbered) A and AE.
A document encompassing a specific geographic area of the local
government which is prepared for the purpose of specifically implementing
the local government Comprehensive Plan by:
The specific plan shall consist of goals, objectives and policies;
requirements for capital improvements; the level of service required
for public facilities; physical and environmental conditions; housing
and land use characteristics of the area; and maps, diagrams, and
other appropriate materials showing existing and future conditions.
The total floor area of a structure measured in square feet,
including multiple floors.
A covered area used to shelter horses.
The date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition
placement, or other improvements were within one hundred eighty (180)
days of the permit date. The "actual start" means either the first
placement of permanent construction of a structure on a site, such
as the pouring of slabs or footings, the installation of piles, the
construction of columns, any work beyond the stage of excavation,
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading and filling, the installation of streets and/or walkways,
excavation for a basement, footings, piers, foundations, the erection
of temporary forms, nor installation on the property of accessory
structures, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the "actual start of construction" means the first alteration of any
wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
Includes substantial improvements.
That agency of the State Government or other office designated
by the Governor of the State or by State Statute at the request of
the Administrator to assist in the implementation of the National
Flood Insurance Program (NFIP) in that State.
That part of a building included between the surface of the
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 mean line of the eaves
is not above the middle of the height of such story measured at its
highest point.
Any public ways.
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home. "Structure," for insurance
purposes, means a walled and roofed building, other than a gas or
liquid storage tank, that is principally above ground and affixed
to a permanent site, as well as a manufactured home on a permanent
foundation. For the latter purpose, the term includes a building while
in the course of construction, alteration or repair, but does not
include building materials or supplies intended for use in such construction,
alteration or repair, unless such materials or supplies are within
an enclosed building on the premises.
Anything constructed or erected, which is stationary on the
ground, or attached to something that is stationary, including, but
not limited to, advertising signs, billboards, and poster panels;
but exclusive of customary fences or boundary retaining walls, and
A/C units.
Any land, vacant or improved, which is divided or proposed
to be divided into two (2) or more lots, parcels, sites, units, plots,
condominiums, tracts, or interests for the purpose of offer, sale,
lease, or development whether immediate or future, either on the installment
plan or upon any and all other plans, terms, and conditions. "Subdivision"
includes the division or development of residentially and non-residential
zoned land, whether by deed, metes and bounds description, devise,
intestacy, lease, map, plat, or other recorded instrument. "Subdivision"
includes resubdivision and condominium creation or conversion.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to pre-damaged condition would equal
or exceed fifty percent (50%) of the market value of the structure
before the damage occurred.
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 "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:
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary, or safety code specifications
that have been identified by the local code enforcement official and
which are the minimum necessary to assure safe living conditions,
or
Any alteration of a "historic structure," provided that the
alteration will not preclude the structure's continued designation
as a "historic structure."
A deck open from the deck floor to the sky and totally unenclosed
from the ground up except for required railings. Patios and the like
over three (3) feet above the finished ground level are defined as
a sundeck.
Any structure of fabric, plastic, canvas or like material
so arranged as to provide shelter for animals, persons or equipment.
A lot. The term "tract" is used interchangeably with the
term "lot," particularly in the context of subdivision, where a tract
is subdivided into several lots, parcels, sites, units, plots, condominiums
or interests.
A site maintained or intended to be used for the purpose
of providing short-term accommodation for travel affairs.
A portable vehicular unit designed and intended to be used
for temporary short-term occupancy and for frequent and extensive
travel use. Such units commonly described as travel trailers, campers,
motor homes, converted buses and other similar units, whether they
are self-propelled, pulled or can be hauled without special permit,
would be considered examples of travel trailers.
A building in which to park or store vehicles that is the
only structure on the lot it occupies, is not used as a dwelling,
is not taller than one and one-half (1 1/2) stories, and is of
residential construction and appearance.
[Ord. No. 18-05, 7-3-2018]
The purpose or activity for which land, buildings or structures
are designed, arranged or intended or for which land, buildings or
structures are occupied or maintained.
Water, gas, electrical, telephone, cable television and sewer
services.
A grant of relief by the community from the terms of a floodplain
management regulation. Flood insurance requirements remain in place
for any varied use or structure and cannot be varied by the community.
Permission to depart from the literal requirements of these
regulations in accordance with the provisions of these regulations.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required by
this Title is presumed to be in violation until such time as that
documentation is provided.
The height in relation to the National Geodetic Vertical
Datum (NGVD) of 1929 (or other datum where specified) of floods of
various magnitudes and frequencies in the floodplain.
An area that is inundated or saturated by surface or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions. A wetland generally
includes swamps, marshes, bogs and similar areas. A wetland is not
an area that is artificially created on dry land and maintained for
the treatment of mine drainage, stormwater control, and drainage associated
with road construction. This definition is consistent with both the
United States Army Corps of Engineers, 33 CFR 328.3(b), and the United
States Environmental Protection Agency, 40 CFR 232.2.
An open space unoccupied by buildings or structures (except
as hereafter provided) across the full width of the lot extending
from the front line of the building to the front property line of
the lot or parcel.
The minimum horizontal distance from the front line of the
building to the front property line of the lot or parcel.
An open space unoccupied (except as hereafter provided) between
the rear lot line and rear line of the principal building and the
side property lines.
The minimum horizontal distance from the rear line of the
principal building to the rear lot line.
An open unoccupied space on the same lot with the building
between the main building and the adjacent side line of the lot, and
extending from the front yard to the rear yard.
The planner or administrator designated by the Board of Aldermen
to provide planning consultation services on policy and day-to-day
operations for the administration of these regulations. The Zoning
Administrator, for purposes of receiving applications and other documents,
shall be the City Clerk. The Director of Public Works shall be the
Deputy Zoning Administrator, and shall act as zoning administration
for all purposes other than receiving documents until the Board of
Aldermen shall have designated a different person.
