Defined Terms. All terms used in these regulations shall have their
commonly accepted meanings based upon the context of their use within
this code. The following terms shall have the meanings given below,
unless more specifically described, limited or qualified within the
standards of this Code.
ACCESSORY BUILDING
A subordinate building or a portion of the main building,
the use of which is clearly incidental to or customarily found in
connection with, and (except as otherwise provided in this Title)
located on the same lot as the main building or principal use of the
land.
ACCESSORY DWELLING
A permitted independent dwelling unit established in conjunction
with, clearly subordinate to and located within or attached to a detached
house on the same lot and not otherwise subdivided or segregated in
ownership from the principal dwelling.
ACCESSORY USE
One which is clearly incidental to or customarily found in
connection with, and (except as otherwise provided in this Title)
on the same lot as the principal use of the premises.
ALLEY
A public way which affords means of access to property as
an alternative to access from the street or through the lot frontage.
ALTERNATIVE COMMUNICATION TOWER STRUCTURE
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
[Ord. No. 3067, 4-6-2021]
ANIMATED SIGNS
Signs that include animation or effects simulating animation,
including those that employ flashing or blinking; intermittent or
changing illumination creating a fading, dissolving, traveling, scrolling,
dropping, pixilation or other similar transitional effect; video;
sound emission; flapping, blowing, spinning, rotation or other movement;
pyrotechnics; visible moving parts; or any device or illumination
or other effect creating the illusion of motion.
ANTENNA
Any exterior apparatus designed for telephonic, radio, or
television communications through the sending and/or receiving of
electromagnetic waves.
[Ord. No. 3067, 4-6-2021]
APARTMENT
A part of a building containing cooking and housekeeping
facilities, consisting of a room or suite of rooms intended, designed,
and used as a residence by an individual or a household.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year, or
an area having special flood hazards and shown on an FHBM, FIRM or
FBFM as Zones (unnumbered or numbered) A and AE.
AWNING
Shall include any structure made of cloth or metal with a
metal frame attached to a building and projecting over a thoroughfare,
when the same is so erected as to permit its being raised to a position
flat against the building when not in use.
BASEMENT
That portion of a building between the floor and ceiling
which is wholly or partly below grade and having more than one-half
(1/2) of its height below grade; except for the purpose of floodplain
regulations it shall include any area of the structure having its
floor subgrade (below ground level) on all sides.
BILLBOARD
A pylon or freestanding sign of two hundred (200) square
feet or more in area.
BUILDING
Any structure having a roof supported by columns or walls
for the housing or enclosure of persons or property of any kind.
BUILDING LINE
A line on a plat between which line and a street no building
or structure may be erected.
CAMPUS
A contiguous area of land typically greater than ten (10)
acres making up the grounds of a public or private institution containing
the main buildings or within the main enclosure in a coordinated and
comprehensive design; provided, however, that for the purpose of this
definition, the contiguity of any land area involved shall not be
deemed to be destroyed by the presence of any public rights-of-way.
CANOPY
Shall include any structure, other than an awning, made of
cloth or metal with metal frames attached to a building, projecting
over a thoroughfare.
CUL-DE-SAC
A minor street with only one (1) outlet and culminated by
a turnaround.
DEPARTMENT
Department of Health and Senior Services or its successor
agency.
[Ord. No. 3176, 3-7-2023]
DEVELOPMENT
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.
DUMPSTER, TEMPORARY
A large container designed and used for storage of items
to be thrown away, refuse, rubbish, trash, garbage, junk and/or debris
for a period of time corresponding to a particular task or project.
Such container is typically rented or leased to owners or occupants
of property for their temporary use and is typically delivered and
removed by truck. This term shall not be interpreted to refer to a
trash can, trash container or a dumpster that is stored on a more
permanent manner on the property and from which trash is collected
on a recurring basis.
DWELLING
Any building or portion thereof designed or used for residential
purposes.
DWELLING UNIT
A room or group of rooms occupied or intended to be occupied
as separate living quarters by an individual or household.
EASEMENT
A grant by the property owner of the use, for a specific
purpose, of a strip of land by the general public, a corporation,
or a certain person or persons.
ELECTRONIC MESSAGE SIGN
Any electronically activated changeable copy sign. Included
are signs that use changing lights to form a message and holographic
displays.
ELEVATED BUILDING
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.
EXISTING MANUFACTURED HOME PARK OF SUBDIVISION
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.
]FAST-TRACK SMALL WIRELESS FACILITY or FAST-TRACK
A small wireless, facility that meets the following requirements
for an antenna and associated equipment:
[Ord. No. 3067, 4-6-2021]
1.
No more than seven (7) cubic feet in volume (comprised of no
more than twenty-seven (27) square feet of exterior surface area,
excluding the surface width equal to the width of the existing structure
or utility pole to which it is mounted, on an imaginary enclosure
around the perimeter thereof, excluding cable or cable conduit of
four (4) inches or less). Volume shall be the measure of the exterior
displacement of the antenna and associated equipment.
2.
Located with the consent of the owner on an existing structure
or utility pole, or concealed within or on a replacement utility pole
if the appearance is not materially altered and the existing structure
or utility pole is no more than five (5) feet taller.
3.
Not exceeding six (6) feet above the top of an existing structure
or utility pole for a total height not exceeding forty-five (45) feet
(nor taller than more than six (6) feet above the average of similar
poles within three hundred (300) feet).
FLOOD ELEVATION DETERMINATION
A determination by the Administrator of the water surface
elevations of the base flood, that is, the flood level that has a
one-percent or greater chance of occurrence in any given year.
FLOOD FRINGE
The area outside the floodway encroachment lines, but still
subject to inundation by the regulatory flood.
FLOOD HAZARD BOUNDARY MAP (FHBM)
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.
FLOOD INSURANCE RATE MAP (FIRM)
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.
FLOOD INSURANCE STUDY (FIS)
An examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
FLOOD OR FLOODING
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.
FLOODPLAIN MANAGEMENT
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.
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.
FLOODPROOFING
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.
FLOODWAY or REGULATORY FLOODWAY
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.
FLOOR AREA
1.
Commercial Business And Industrial Buildings Or Buildings Containing
Mixed Uses: the sum of the gross horizontal areas of the several floors
of a building measured from the exterior faces of the exterior walls
or from the center line of walls separating two (2) buildings but
not including:
a.
Attic space providing headroom of less than seven (7) feet.
b.
Basement space not used for retailing;
c.
Uncovered steps or fire escapes;
d.
Accessory water towers or cooling towers;
e.
Accessory off-street parking spaces; and
f.
Six (6) accessory off-street loading berths.
2.
Residential Buildings: the gross horizontal areas of the several
floors of a dwelling, exclusive of garages, basements, and open porches,
measured from the exterior faces of the exterior walls.
FREEBOARD
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.
FRONTAGE
1.
STREET FRONTAGEAll of 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.
2.
LOT FRONTAGEThe distance for which the front boundary line of the lot and the street line are coincident.
GARAGE
A portion of the principal building or an accessory building
designed for storage, parking or other entrance and enclosure of vehicles.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
1.
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;
2.
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;
3.
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
4.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either by an approved State program as determined by the
Secretary of the Interior; or directly by the Secretary of the Interior
in states without approved programs.
HOUSEHOLD
An individual or couple and their children and no more than
two (2) other persons related directly to the individual or couple
by blood or marriage, occupying a single housekeeping unit used on
a non-profit basis. A household may include not more than two (2)
additional persons, not related to the individual or couple by blood
or marriage, provided that such additional person(s) may be provided
with sleeping accommodations but not separate kitchen facilities.
LOADING SPACE
A space within the main building or on the same lot, providing
for the standing, loading, or unloading of trucks.
LODGING — SHORT-TERM RENTAL
The rental of a property, a dwelling unit, or portion thereof,
conducted on a third-party platform or network that facilitates the
listing, marketing, or rental of short-term rentals.
[Ord. No. 3087, 9-7-2021]
LOT
A parcel of land which may include one (1) or more platted
lots, occupied or intended for occupancy by a use permitted in this
Title, 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.
LOWEST FLOOR
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 Chapter.
MAJOR THOROUGHFARE
A street designated as a major thoroughfare in the Major
Thoroughfare Plan for Parkville, Missouri.
MANUFACTURED HOME
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."
MAP
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).
MARIJUANA or MARIHUANA
Cannabis indica, Cannabis saliva, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
resin extracted from the plant and marijuana-infused products. "Marijuana"
or "marihuana" do not include industrial hemp containing a crop-wide
average tetrahydrocannabinol concentration that does not exceed three-tenths
of one percent (0.3%) on a dry weight basis, or commodities or products
manufactured from industrial hemp.
[Ord. No. 3030, 1-21-2020; Ord. No. 3176, 3-7-2023]
MARIJUANA-INFUSED PRODUCTS
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. 3030, 1-21-2020; Ord. No. 3176, 3-7-2023]
MATERIALS, BUILDING
Materials which are generally essential to the construction
of buildings or structures, including lumber, concrete, bricks, roofing
materials, siding, plumbing, heating and electrical equipment, windows,
doors, insulation, landscaping supplies, and similar materials customarily
associated with building construction.
MEAN SEA LEVEL
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.
MINOR STREET
A street not designated as a major thoroughfare in the Major
Thoroughfare Plan for Parkville, Missouri.
MURAL
Any painting, fresco, decoration, mosaic or similar art form
intended for décor/commemoration applied to a wall, fence or
structure.
[Ord. No. 2960, 9-18-2018]
NATIVE PLANTS
Plant species that are indigenous to the Kansas City metropolitan
area and require little maintenance as they are naturally adapted
to the region's climate.
NATURAL STORMWATER MITIGATION PRACTICES
Stormwater management practices that aim to reduce the amount
of stormwater runoff and prevent or control the discharge of pollutants
into local bodies of water by utilizing natural materials.
NEW CONSTRUCTION
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.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
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.
NFIP
The National Flood Insurance Program (NFIP).
PORTABLE STORAGE CONTAINER
Any portable container designed and used for personal property
or similar storage. A portable storage container is typically rented
or leased to owners or occupants of property for their temporary use
and is typically delivered and removed by truck, but shall include
any and all portable containers regardless of ownership, delivery
or removal method.
PREMISES
A lot, together with all buildings and structures thereon.
RECREATIONAL VEHICLE
A vehicle which is:
1.
Built on a single chassis;
2.
Four hundred (400) square feet or less when measured at the
largest horizontal projections;
3.
Designed to be self-propelled or permanently towable by a light-duty
truck; and
4.
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
SIGN
Any sign, billboard, ground sign, wall sign, roof sign, illuminated
sign, projecting sign, temporary sign, marquee or street clock, including
any announcement, declaration, display, illustration or insignia used
to advertise or promote the interest of any person when the same is
placed out-of-doors in view of the general public, including any borders,
and trim or structural members, exclusive of upright supports.
SMALL WIRELESS FACILITY
An antenna and associated equipment that meets the following:
[Ord. No. 3067, 4-6-2021]
1.
An antenna of no more than six (6) cubic feet in volume; and
2.
All other associated equipment, to the extent permitted by applicable
law to be calculated, of cumulatively no more than twenty-eight (28)
cubic feet in volume; provided, that no single piece of equipment
on the utility pole shall exceed nine (9) cubic feet in volume, and
no single piece of ground mounted equipment shall exceed fifteen (15)
cubic feet in volume.
START OF CONSTRUCTION
Includes substantial improvements, and means the date the
building permit was issued, provided that 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.
STORAGE
The placement of goods, materials or personal property for
more than two (2) consecutive days or any part of two (2) consecutive
days.
STREET
A public thoroughfare which affords the principal means of
access to abutting property.
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, including
but not limited to bearing walls or partitions, columns, beams or
girders, or any substantial change in the roof or in the exterior
walls.
STRUCTURE
1.
Anything, other than a fence, constructed or erected, which
requires location on the ground or attached to something having a
location on the ground, including but not limited to advertising signs,
billboards, and poster boards.
2.
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground [at least fifty-one percent (51%) of the actual cash value
of the structure, less land value, is above ground], as well as a
manufactured home.
3.
For insurance purposes, 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.
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. The term includes repetitive loss buildings.
(See definition.) The term does not apply to:
1.
Any project for improvement of a building required to comply
with existing health, sanitary, or safety code specifications which
have been identified by the Code Enforcement Official and which are
solely necessary to assure safe living conditions; or
2.
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure; or
3.
Any improvement to a building.
SUBSTANTIAL IMPROVEMENT
Any combination of reconstruction, alteration, or improvement
to a building, taking place during a ten-year period, in which the
cumulative percentage of improvement equals or exceeds fifty percent
(50%) of the current market value of the building. For the purposes
of this definition, an improvement occurs when the first alteration
of any wall, ceiling, floor, or other structural part of the building
commences, whether or not that alteration affects the external dimensions
of the building. This term includes structures, which have incurred
repetitive loss or substantial damage, regardless of the actual repair
work done. The term does not apply to:
1.
Any project for improvement of a building required to comply
with existing health, sanitary, or safety code specifications which
have been identified by the Code Enforcement Official and which are
solely necessary to assure safe living conditions; or
2.
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an "historic
structure"; or
3.
Any building that has been damaged from any source or is categorized
as repetitive loss.
TOWER
Any structure that is designed and constructed primarily
for the purpose of supporting one (1) or more antennas. This term
includes radio and television transmission towers, microwave towers,
common carrier towers, cellular telephone towers, alterative tower
structures, and the like.
[Ord. No. 3067, 4-6-2021]
UTILITARIAN AREAS
Areas utilized for loading and unloading trucks, service
areas and areas possessing mechanical equipment or trash receptacles.
UTILITY POLE
A pole or similar structure that is or may be used for wireline
communications, lighting, traffic control, signage, or a similar function,
which may also support a small wireless facility or fast-track.
[Ord. No. 3067, 4-6-2021]
WATER SURFACE ELEVATION
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.
YARD
An open space other than a court, on a lot unoccupied and
unobstructed from the ground upward, except as otherwise provided
in this Title.
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 projections thereof other than the
projections of uncovered steps, uncovered balconies, terraces, or
uncovered porches. On corner lots, the front yard shall be considered
as parallel to the street upon which the lot has its least dimension,
if the front door faces the corner. Otherwise, the front yard shall
be considered the yard which the front door faces.
YARD, REAR
A yard extending across the rear of the lot between the side
lot lines and measured between the rear lot line and the rear of the
main building or any projection other than steps, unenclosed porches
or entranceways.
YARD, SIDE
A yard between the main building, or any projection thereof,
and the side line of the lot.