[CC 1996 §§ 25-33 through 25-92, 25-98 through 25-147; Ord. No. 891 §§ 25-205 through 25-264, 25-266 through 25-2115]
This division contains words or terms that are generally found throughout this Chapter.
ACCESSORY BUILDINGA subordinate building, the use of which is incidental to and customarily used in conjunction with the main building or use and which is located on the same lot as the main building or use.
ACCESSORY USEA subordinate use of a building or land which is incidental to the main use, and customarily associated with such use in the City with the main use which is located on the same lot as the main building or use. 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.
ADULTAny person who has reached eighteen (18) years of age.
AGRICULTURAL SALES AND SERVICESEstablishments or places of business primarily engaged in sale from the premises of feed, grain, fertilizers, pesticides and similar goods or in the provision of agriculturally related services with incidental storage on lots other than where the service is rendered. Typical uses include hay, feed and grain stores, and tree service firms.
ALTERATIONAny act or process that changes one or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure.
[CC 1996 § 25-802; Ord. No. 938 § 25-1301B]
The owner of land, or the owner's authorized agent, or any person authorized by this Chapter for which an approval in relation to this Chapter is sought.
APPROVED COMBUSTIBLE PLASTICA plastic material more than one-twentieth (1/20) of an inch thick which burns at a rate of not more than two and one-half (2 1/2) inches per minute when subjected to the ASTM Standard Test For Flammability of Plastics in sheets of six one-hundredths (6/100) of an inch thickness.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
A specific geographic division of the City of Cuba.
[CC 1996 § 25-802; Ord. No. 938 § 25-1301B]
The space remaining on a zoning lot after the minimum open space, setback and all other lot requirements have been satisfied.
AUTOMOTIVE SERVICEAn establishment or place of business primarily engaged in automotive-related sales or services. The following automotive use types shall be defined as follows:
2. AUTOMOTIVE SALES LEASE AND RENTALAn establishment or place of business primarily engaged in the sale, lease or rental of automobiles, vans and trucks less than two (2) tons, including incidental parking and servicing of vehicles available for sale, lease or rent.
AUTOMOTIVE SERVICE STATION or GAS STATIONAn establishment or place of business primarily engaged in gasoline or diesel fuel sales at retail for automobiles, recreation vehicles and motorcycles, and where the installation or repair of equipment or parts on motorized vehicles such as mufflers, brakes, tires, radios, transmissions, glass, and engines or engine parts may also occur.
AUTOMOTIVE WASHINGAn establishment or place of business primarily engaged in washing and cleaning of automobiles and related light equipment. Typical uses include auto laundries or car washes.
CONVENIENCE STOREAn establishment or place of business primarily engaged in the sale of gasoline or diesel fuel at fuel pumps, oil and products related to automobile maintenance, beverages, packaged food, tobacco products and household convenience goods.
AWNINGAny structure entirely supported by the wall to which it is attached and which has a frame covered by canvas, cloth or other similar temporary material and/or which can be retracted or rolled to the structure by which it is supported.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
An establishment or place of business primarily engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises with a City state approved liquor license, including taverns, bars, cocktail lounges, and similar uses other than a restaurant, at which less than fifty percent (50%) of the total revenue is generated by food sales. The main entrance of the bar or tavern shall be situated not less than three hundred (300) feet from any existing school, church or residentially zoned or used property.
BED-AND-BREAKFAST HOMESTAYAn establishment or place of business that is a private, owner-occupied residence with guest rooms occupied or used as a transient abiding place of individuals or groups of individuals who are lodged for compensation, with or without food service.
BLOCKA platted tract of land entirely surrounded by public highways, streets, streams, waterways, railroad rights-of-way, cemeteries, or parks, or a combination thereof. In places where the platting is incomplete or disconnected, the Code Enforcement Officer shall determine the outline of a block.
BOARD or BOARD OF ADJUSTMENTThe City of Cuba, Missouri Board of Zoning Adjustment. The Board established pursuant to Article
XI, Division 1, of this Chapter.
[CC 1996 § 25-802; Ord. No. 938 § 25-1301B]
The City Board of Aldermen of the City of Cuba.
[CC 1996 § 25-802; Ord. No. 938 § 25-1301B]
A structure for the purpose of housing or enclosing persons, animals or chattels.
BUILDING COVERAGEThe floor area of the building at grade, also known as the footprint, including attached and detached garages, but not including driveways, patios, and decks.
[Ord. 978 § 1]
The vertical distance measured from the highest of the following three levels.
1. From the street curb level;
From the established or mean street grade in case the curb has not been constructed; or
From the average finished ground level adjoining the building where it sits back from the street line;
The coping of a flat roof or to the deck line of a mansard roof;
To the average height of the highest gable of a pitched roof or hipped roof or hipped roof; or
The maximum height of any segment of a stepped or terraced building.
BUSINESS OR VOCATIONAL SCHOOLAn establishment engaged in the business of providing educational services for one (1) or more specific trades or occupations, and that is not directly associated with any public or governmental body.
CANOPYAny structure attached to a building at the inner end and supported on the outer end.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
A place for the burial of deceased human beings or animals.
CERTIFICATE OF APPROPRIATENESSA certificate issued by the Historic Preservation Commission (HPC) indicating its approval of plans for alteration, construction, removal or demolition of a landmark or of a structure within a historic district.
[CC 1996 § 25-802; Ord. No. 938 § 25-1301B]
A certificate issued by the HPC authorizing an alteration, construction, removal or demolition, even though a certificate of appropriateness has previously been denied.
[CC 1996 § 25-802; Ord. No. 938 § 25-1301B]
A sign attached to the exterior of a church or located elsewhere on the church premises and used to indicate the services and/or other activities of the church, and including the church name, if desired.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
The City of Cuba, Missouri.
CITY ENGINEERThe City Engineer of the City of Cuba, Missouri, or a person or firm designated by the Governing Body.
COMMISSIONThe Planning Commission of Cuba, Missouri.
COMMISSIONERSMembers of the Historic Preservation Commission (HPC).
[CC 1996 § 25-802; Ord. No. 938 § 25-1301B]
The act of adding to an existing structure or the erection of a new principal or accessory structure on a lot or property.
[CC 1996 § 25-802; Ord. No. 938 § 25-1301B]
Establishments or places of business primarily engaged in the retail or wholesale sale of materials used in the construction and maintenance of structures, as well as construction activities and the outdoor storage of construction equipment or materials on lots other than construction sites. Typical uses may include lumber yards, building materials stores, and tool and equipment rental or sales.
CONVALESCENT, NURSING OR RETIREMENT HOMEAn intermediate care facility primarily engaged in providing inpatient nursing and rehabilitative services to residents who require watchful care and medical attention or treatment, but not on a continuous basis, although staff is on duty twenty-four (24) hours per day.
COURT1. An unoccupied open space other than a yard on the same lot with a building which is bounded on two (2) or more sides by the walls of such building; or
DAY CARE CENTERTerms associated with day care facilities shall be defined as follows: A building occupied by a day care provider that receives individuals for family-like care for any part of a twenty-four-hour day, without overnight stays.
DECKA platform constructed of wood and located in the side or rear yard serving as a floor and located above the finished grade that is attached to a building.
DEMOLITIONAny act or process which destroys, in part or in whole, a landmark or a structure within a historic district, or which threatens to destroy a landmark or a structure within a historic district by failure to maintain it in a condition of good repair and maintenance.
[CC 1996 § 25-802; Ord. No. 938 § 25-1301B]
A standard of appropriate activity that will preserve the historic and architectural character of a structure or area.
[CC 1996 § 25-802; Ord. No. 938 § 25-1301B]
A person who engages in development of land, whether or not that person is the landowner.
DEVELOPMENTAny man-made change to improved or unimproved land, including, but not limited to, structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
DWELLINGA room, or suite of rooms within a building, arranged, intended or designed as a place of residence; or any building, or portion thereof, which is designed, built, leased, rented, let, or hired to be occupied, or which is occupied as the home or residence of three (3) or more families living independently of each other and doing their own cooking in the said building; or a building or portion thereof, designed exclusively for residential occupancy, including one-family, two-family, and multiple dwellings, boardinghouses and lodging houses, apartment houses and apartment hotels, but not hotels, motels, rooming houses, nursing homes, travel trailers, recreational vehicles, manufactured or mobile homes. The following words or terms associated with dwelling shall have the following meanings:
1. FOUR-FAMILY DWELLING (QUADPLEX)A dwelling situated on one lot occupied exclusively by four (4) families, respectively, in separate dwelling units living independently of each other.
MULTIPLE-FAMILY DWELLINGA dwelling situated on one (1) lot occupied by three (3) or more families in separate dwelling units living independently of each other.
THREE-FAMILY DWELLING (TRIPLEX)A dwelling situated on one (1) lot occupied exclusively by three (3) families, respectively, in separate dwelling units living independently of each other.
TWO-FAMILY DWELLING (DUPLEX)A dwelling situated on one (1) lot occupied exclusively by two (2) families, respectively, in separate dwelling units living independently of each other.
DWELLING UNITOne (1) room or rooms connected together constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms which may be in the same structure, and containing independent cooling and sleeping facilities.
EASEMENTA grant to the public or a person by the owner of land of the use of a described area of the land for specified purposes, where fee simple title to the land remains with the property owner.
EFFECTIVE DATEThe date the ordinance adopting this Chapter takes effect.
ERECTTo build, construct, attach, hang, re-hang, place, affix or relocate, including the painting and repainting of permanent window signs.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
The architectural character and general composition of the exterior of a structure, including, but not limited to, the kind, color and texture of the building material and the type, design and character of all windows, doors, light fixtures, signs, and appurtenant elements.
[CC 1996 § 25-802; Ord. No. 938 § 25-1301B]
1. A single individual doing his/her own cooking and living upon a premises as a separate housekeeping unit; or
A collection of persons doing their own cooking and living together upon a premises as a separate housekeeping unit in a domestic relationship based on birth, marriage, adoption or employment as domestic servants; or
A group of not more than three (3) unrelated persons doing their own cooking and living together on the premises as a separate housekeeping unit pursuant to a mutual agreement.
FENCEA freestanding structure resting on or partially buried in the ground that forms a barrier which is not otherwise part of any building or other structure and is used to delineate a boundary or as a means of confinement or privacy.
FLOOR AREA RATIO (FAR)The numerical value obtained through dividing the gross floor area of a building or buildings by the area of the lot on which the building or buildings are located.
FLOOR AREA, GROSS (GFA)The sum of the gross horizontal areas of the several floors, measured in square feet, including the basement floor, measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. The gross floor area of a building shall also include elevator shafts and stairways at each floor, floor space used for mechanical equipment, penthouses, interior balconies and mezzanines, enclosed porches, and floor area devoted to accessory uses. The gross floor area shall not include: areas or space devoted to off-street parking or loading; and uncovered porches, terraces and loading docks.
FLOOR AREA, NET (NFA)The sum of the net horizontal floor area of the several floors of a building measured from the exterior faces of the exterior walls or from the interior faces of walls separating two (2) buildings.
1. The net floor area of a building shall include:
a. Basements, when used for other than storage.
Penthouse, excluding mechanical penthouses;
Attic space having a headroom of 7.5 feet or more;
Interior balconies and mezzanines, excluding those designed and used as pedestrian common space;
Floor area devoted exclusively to storage;
Interior covered common areas designed primarily for pedestrian circulation; and
The net floor area of a building does not include:
a. Floor space occupied by mechanical, telephone and electrical equipment, and mechanical penthouses;
Stairwells, escalators and elevator shafts;
Attic space having a headroom of less than 7.5 feet;
Interior off-street parking and loading areas; and
Basements, or portions thereof used for storage.
FRONTAGEThat side of a lot abutting a public right-of-way line.
FUNERAL HOME SERVICESA building or establishment, or portion thereof, used for the preparation of deceased humans and ceremonies connected therewith prior to burial or cremation.
GARAGEAn accessory building of a main building primarily used for storage of a motor vehicle.
GOVERNING BODYThe Mayor and City Board of Aldermen of the City of Cuba, Missouri.
GRADEThe average elevation of the finished surface of the ground, paving or sidewalk within the area between the building and property line or, when the property line is more than five (5) feet from the building, between the building and a line five (5) feet from the building.
GRADE, STREETThe slope of a road, street or other public way, specified in percentage (%) of vertical to horizontal measurements.
GREENHOUSEA building whose roof and sides are made primarily of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of plants for subsequent sale or for personal enjoyment.
GROCERY STOREAn establishment primarily engaged in the retail sale of food or household products for home consumption.
GROUP HOMEA residential facility for the developmentally disabled where meals, lodging, supervision and training are provided.
GUEST HOUSEAn accessory use to a dwelling designed and intended for the temporary housing of visitors to a property at the invitation of the property residents for no fee or other consideration, and meeting or exceeding the standards for single-family dwellings.
HISTORIC DISTRICTAn area designated as a "historic district" by ordinance of the City Board of Aldermen and which may contain within definable geographic boundaries one (1) or more landmarks and which may have within its boundaries other properties or structures which, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located with the historic district.
[CC 1996 § 25-802; Ord. No. 938 § 25-1301B]
An activity conducted in a dwelling unit as an economic enterprise or for financial gain by members of the household that is clearly incidental and secondary to the use of the dwelling unit for residential purposes.
HORSE RIDING STABLEAny structure or area located on a lot designed, arranged, or used for the care, exercise, running, feeding and storage of horses and other such animals, including, but not limited to, ponies, donkeys and mules.
HOSPITALAn institution providing primary health service and medical and surgical care to persons suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions. Hospital shall include, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.
HOTELA building, or portion thereof, offering lodging accommodations to the general public for compensation and that may provide additional services such as restaurants, meeting rooms, and recreational facilities.
HPCThe Cuba Historic Preservation Commission.
[CC 1996 § 25-802; Ord. No. 938 § 25-1301B]
The total ground area covered by all buildings, roofed or covered spaces, paved surface areas, walkways and driveways, and any other site improvements or structures contributing to runoff greater than would occur on the site in its natural state.
INDUSTRIAL OR MANUFACTURING FACILITYAn establishment engaged in economic activity involving construction, warehousing, wholesale trade, and associated service uses or an economic activity involving the mechanical or chemical transformation of materials or substances into new products including the assembly of component parts, the creation of products and the blending of materials such as lubricating oils, plastics, resins, or liquors.
KENNELAny lot or premises, or portion thereof, on which animals are boarded for compensation or kept for sale.
LANDMARKA property or structure designated as a "landmark" by ordinance of the City Board of Aldermen, pursuant to procedures prescribed herein, which is worthy of rehabilitation, restoration, and preservation because of its historic and/or archaeological significance to the City of Cuba.
[CC 1996 § 25-802; Ord. No. 938 § 25-1301B]
Any person, agent, firm or corporation having a legal or equitable interest in a property.
LICENSED SIGN ERECTORA person, his/her agents and employees, who has secured a sign erector's license.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
An establishment or place of business primarily engaged in retail sale for consumption off the premises of alcoholic beverages. Typical uses include liquor stores, bottle shops, or any licensed sales of liquor, beer or wine for off-site consumption.
LOTA parcel of land occupied by or intended for a use allowed in this Chapter, occupied or intended to be occupied by one (1) primary building together with its accessory buildings, open spaces, and parking spaces required by this Chapter, and having its principal frontage upon a public street or road as established by this Chapter. The word "lot" shall include the word "plot," "tract," or "parcel." The derivations of lot shall maintain the following definitions:
1. LOT AREAThe area of a horizontal plane bounded by the vertical planes through front, rear and side lot lines.
LOT, CORNERA lot abutting upon two (2) or more streets at their intersection.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGEA lot having frontage on two (2) non-intersecting roads, as distinguished from a corner lot. This definition shall include through lots.
LOT, INTERIORA lot other than a corner lot whose sides do not abut upon any street.
LOT LINEThe property boundary line of any lot. The derivations or modifications of lot line shall maintain the following definitions.
a. LOT LINE, FRONTThe lot line abutting a street or private drive. In the case of a corner lot, the front lot line shall normally be the lot line with the shortest length. In the case of a double frontage lot, the front lot line shall be the lot line adjacent to the street that provides primary access to the lot or towards which the main building on the lot is oriented.
LOT LINE, SIDEAny lot line that intersects the front lot line. A side lot line shall include any linked line segments or arcs that have a bearing which is within forty-five degrees (45°) of a line drawn perpendicular to the front lot line. Where the application of the rules is ambiguous or where the property owner requests an alternative designation, the Director may specifically designate the various lot lines for a particular lot.
LOT WIDTHThe horizontal distance between the side lot lines, measured at the front building line.
MANUFACTURED HOMEStructure, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. The term includes any structure that meets all of the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under Title
42 of the United States Code.
A parcel of land for the placement of one (1) single or multi-sectional manufactured home and its accessory buildings for the exclusive use of its occupants.
MANUFACTURED HOME PARKA parcel of land under single ownership that has been developed into lots for the placement of manufactured homes for residences.
MANUFACTURED HOME STANDThat part of an individual manufactured home lot which has been reserved for the placement of the manufactured home, appurtenant structures or additions.
MARQUEEAny permanent structure supported entirely by the building and which projects from the wall of a building.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
The minimum regulations governing the conditions and maintenance of all existing structures, as set out in the BOCA Basic National Existing Structures Code, First Edition (1984), as published by the BOCA Building Officials and Code Administrators International, Inc., as such existing structures code shall be amended from time to time.
[CC 1996 § 25-802; Ord. No. 938 § 25-1301B]
A structure containing separate storage areas of identical or varying sizes leased or rented on an individual basis.
MINOR INTERIOR STREETA street that is located within a manufactured home park and that provides a connection between individual manufactured home lots and primary drives within and outside a manufactured home park.
MOBILE HOMEA residential building constructed or assembled in a factory which is not certified pursuant to the federal Housing and Urban Development (HUD) Code and which conforms to the American National Standards Institute (ANSI) standards for mobile homes.
MOTELA building primarily offering transient lodging accommodations to the general public for compensation with access from each room to a readily accessible off-street parking area for use by the patrons of the building. This definition shall also include motor lodges.
MULTI-SECTIONAL MANUFACTURED HOMEA manufactured home built in two (2) or more sections at the factory, which two sections are transported over the road separately with assembly into a single-family residential structure at the site.
NON-CONFORMING LOTA lot lawfully existing on the effective date of this Chapter that does not meet the minimum lot requirements of the zoning district in which the lot is located.
[CC 1996 § 25-322; Ord. No. 891 § 25-1001]
Any lawful structure or development that is incomplete on the effective date of this Chapter and would be inconsistent with one or more of the regulations applicable to the zoning district in which it is located if completed as proposed or planned.
[CC 1996 § 25-322; Ord. No. 891 § 25-1001]
A sign lawfully existing on the effective date of this Chapter that does not conform to one or more of the regulations set forth in this Article.
[CC 1996 § 25-322; Ord. No. 891 § 25-1001]
An improvement required on a property by this Chapter and which, on the effective date of this Chapter, lawfully is absent on the property or lawfully does not fully comply with this Chapter, including, but not limited to, parking areas, storm drainage facilities, sidewalks and landscaping.
[CC 1996 § 25-322; Ord. No. 891 § 25-1001]
A primary use of property that is lawfully existing on the effective date of this Chapter, and that is in any manner made unlawful by the regulations in this Chapter. The term non-conforming use shall include a non-conforming lot, non-conforming project, non-conforming sign and non-conforming site improvement. Non-conforming uses shall not include accessory uses.
[CC 1996 § 25-322; Ord. No. 891 § 25-1001]
An area that is not within the paved area of a street that is used for the temporary storage of one (1) automobile or other motor vehicle, with direct or indirect access to a dedicated street or right-of-way.
OPEN SPACEAny 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.
OUTDOOR DISPLAYA property or a portion of property outside of any building where merchandise, goods or other items are placed in public view for the purpose of direct sale or lease to customers.
OUTDOOR STORAGEThe keeping in an unroofed, open area of any goods, material, merchandise or vehicles in the same place for more than twenty-four (24) hours.
OWNER OF RECORDThe person, corporation or other legal entity listed as owner on the records of the County Recorder of Deeds.
[CC 1996 § 25-802; Ord. No. 938 § 25-1301B]
A level, unenclosed surfaced area located at the finished grade that is usually directly adjacent to an attached building. Patio does not include a deck.
PAWN SHOPSee "used merchandise store or pawn shop."
[Ord. 891 § 25-298]
Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
PERSONAny individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized.
PLANNED BUSINESS CENTERA development of at least four (4) acres which includes one (1) or more of the uses permitted in the district in which it is placed.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
A complete and exact subdivision plat, prepared for official recording as required by State Statute and the subdivision regulations, to define property boundaries and proposed streets and other improvements.
PLAT, PRELIMINARYA formal proposed plan for a subdivision prepared in accordance with the subdivision regulations.
PLATTEDReal property that is included within in the area of land covered by a final plat recorded with the Register of Deeds.
PORCHA platform that may be screened, projecting from the wall of a building and with direct access to or from a building. Porch does not include a deck.
PREMISESThat portion of a lot or building occupied by a single occupant, exclusive of common areas, if any, shared with adjacent occupants.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
The primary or predominant use of land or a structure.
PROFESSIONAL BUSINESS, OFFICE OR SERVICEAn establishment engaged in a business involving conducting the affairs of a business, profession, service, industry, or government, and generally furnished with desks, tables, files, and communication equipment. This term shall include such establishments such as doctor, lawyer, architect, City planner, landscape architect, interior designer, engineer, management or public relations service.
PUBLIC HEARINGA meeting announced and advertised in advance that is open to the public, and at which the public is given an opportunity to speak and participate.
PUBLIC IMPROVEMENTStreet pavements, curb and gutters, sanitary and storm sewers, permanent street monuments, water mains and any other related items that are owned by a political subdivision or public utility.
PUBLIC IMPROVEMENT PROJECTAn action by the City of Cuba or any of its departments or agencies involving major modification or replacement of streets, sidewalks, curbs, street lights, street or sidewalk furniture, landscaping, or other portions of the public infrastructure servicing commercial, residential or industrial development.
[CC 1996 § 25-802; Ord. No. 938 § 25-1301B]
A recreational vehicle as defined in the American National Standards Institute (ANSI) A119.2 Standard on Recreational Vehicles.
RECREATION FACILITY OR AREA, COMMERCIALA commercial establishment or place of business primarily engaged in the provision of sports, entertainment, or recreation for participants or spectators. "Recreation" as defined here does not include adult entertainment.
REMOVALAny relocation of a structure on its site or to another site.
[CC 1996 § 25-802; Ord. No. 938 § 25-1301B]
Any change that is not construction, removal or alteration.
[CC 1996 § 25-802; Ord. No. 938 § 25-1301B]
A business establishment primarily engaged in specialized repair services such as bicycle repair, leather goods repair, lawn mower and lawn equipment repair, lock and gun repair, musical instrument repair, cleaning, and furnace cleaning, and excludes repair services related to automobiles and vehicles.
RESTAURANTAn establishment or place of business primarily engaged in the preparation of food for consumption on or off the premises, with complete kitchen facilities for preparation of the food sold. Restaurant includes an establishment where alcoholic beverages may be sold in conjunction with food, or at a bar within the restaurant, provided that more than fifty one percent (51%) of the revenue generated at the restaurant is related to food sales.
RETAIL SALES OR SERVICE ESTABLISHMENTAn establishment of place of business that engages in the selling goods or consumer products for individual, business or home use at retail cost or selling the provision of services to individuals or businesses.
REVERSE VENDING MACHINEA vending machine into which a person places an object and receives something of value from the machine in return; i.e., a machine into which recyclable objects are placed and money is received in exchange.
REZONINGAmendment of the zoning district classification applicable to one (1) or more specific parcels of property.
SALVAGE YARD, SCRAP YARD, JUNKYARD OR AUTOMOBILE WRECKING YARDA place where waste, discarded or salvaged metals, inoperative vehicles, used plumbing fixtures, and other materials are bought, sold, exchanged, stored, baled, cleaned; or a place for the storage of salvaged materials and equipment from house wrecking and salvaged structural steel. For the purposes of this definition, any lot containing more than two (2) inoperative vehicles shall be considered a junkyard.
SCHOOL, PUBLICA facility established by the State of Missouri, other governmental agency or a private person or entity for the purposes of education.
SEALA device, label or insignia issued by the public service commission, U.S. Department of Housing and Urban Development, or its agent, to be displayed on the exterior of the manufactured home, or modular unit to evidence compliance with the code.
SETBACK LINE OR BUILDING LINEA line parallel to the respective lot line and internal to the lot that defines the required building setback as specified in the zoning district regulations. The derivations of setback line shall maintain the following definitions:
1. Setback line front shall be parallel to the front lot line and shall extend from side lot line to side lot line;
Setback line rear shall be parallel to all rear lot lines and shall extend from side lot line to side lot line: If there is no rear lot line, a semicircular rear setback line shall be drawn with a radius equal to the rear setback requirement and a center at the intersection of the side lines; and
Setback lines side are parallel to any side lot line and extend from the front setback line to the rear setback line or another side setback line.
SHOPPING CENTERA commercial development containing at least three (3) retail sales or services establishments located in one (1) building, the total gross floor area of which is 25,000 square feet or greater for the entire shopping center.
SIGNA device, structure or part of a structure, including structural trim, which displays or upon which is displayed any colors, message, name or symbol of any kind for the purpose of advertising, announcing, directing or attracting attention from the outside of a building. Sign supports are not a part of the sign.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
The area of the sign face. The sign area of a multi-faced sign is the sum of the sign areas of each face, including structural trim, which can be seen from a single location on an adjacent street and which displays or upon which is displayed any color, message, name or symbol of any kind for the purpose of advertising, announcing, directing or attracting attention from the outside of the building. If a sign is attached to a building or suspended in any manner whereby there is no apparent trim or confining border, the sign area shall be computed by drawing an imaginary straight line around a generally rectangular margin and measuring the area so encompassed by such line.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
Any surface of a sign upon, against or through which the advertising message is displayed or illustrated on the sign, including structural trim, which displays or upon which is displayed any color, message, name or symbol of any kind for the purpose of advertising, announcing, directing or attracting attention from the outside of a building and which can be seen from a single location on an adjacent street, provided that the ends or thickness of a sign shall not be counted as a separate sign face unless an advertising message is conveyed thereon.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
A wall sign or projecting sign attached to a building wall or the generally vertical plane of a mansard-type roof.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
A temporary sign made of cloth, canvas or similar material intended for a limited period of display for the sole purpose of advertising a special event in connection with special promotion of a business.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
A temporary sign used during the construction of new buildings or the reconstruction of or additions to existing buildings, such as a sign identifying the project and denoting the owner, architect, engineer, contractor and/or financing institution of the project.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
A sign which indicates a direction for vehicular or pedestrian traffic or other movement.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
A sign which flutters and includes banners, flags or other flexible material which moves with the wind or by some artificial means.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
Any sign hanging entirely beneath a canopy, portico or marquee.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
Any sign which is illuminated by light sources mounted on or in the sign or at some other location.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
The permanent part of a building which denotes the name of the building, date of erection, historical significance, dedication or other similar information.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
Any detached sign on the same lot or parcel as the use it advertises which has its bottom portion erected upon or supported by the monument, a monument planter box or other supports.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
A sign, all or any part of which moves by any means. Such sign includes fluttering sign.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
Any sign advertising any product, service or enterprise located off the premises where the sign is located excluding billboards.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
Any detached sign located on the same lot or parcel as the use it advertises, which sign is supported by one (1) or more stationary poles longer than three (3) feet above the mean grade line of the ground at its base, provided that this shall not include a permitted ground sign as set forth herein.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
A temporary sign advocating or opposing any political proposition or candidate for public office.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
Any sign which is not permanently attached to the ground by a footing.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
Any sign which projects more than fifteen (15) inches beyond the plane of the wall on which the sign is erected or attached.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
A sign pertaining only to the prospective rental, lease or sale of the property on which it is located. Real estate signs shall be excluded from the definition of a pole sign.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
Any sign erected on a roof but excluding marquee and canopy signs and excluding wall or projecting signs which do not project greater than twenty-four (24) inches above a parapet wall. The generally vertical plane of a mansard-type roof shall be interpreted as the same as a wall of a building.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
The sign and all parts associated with it construction.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
An entry sign identifying a subdivision entry, subdivision name and/or street names within the subdivision.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
A street or lot layout of any area, placed on a sign.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
All structures by which a sign is held up, including, for example poles, braces, guys and anchors.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
Any sign intended for a limited or intermittent period of display.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
A sign erected or attached against the wall of any building with the plane of the face parallel to the plan of the wall below the roof line.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
A sign that is permanently affixed to either side of the glass of an exterior door or window. For the purpose of this Article, a glass brick wall shall be deemed a window.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
A temporary sign affixed to the inside of an exterior window or glass door.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
A temporary sign to be displayed no more than twenty-four (24) hours prior to the sale and for no longer than twenty-four (24) hours at the conclusion of the sale. Yard sale signs shall not be permitted on any City owned property, including utility poles.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
A manufactured home built in only one section at the factory, which section is transported over the road and forms a single-family residential structure at the site.
SPECIAL DISPLAYSSigns not exceeding twenty-four (24) square feet, used for holidays, public demonstrations or the promotion of civic, welfare or charitable purposes.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
A use allowed in the particular zoning district upon the issuance of a special use permit by the Governing Body in accordance with the provisions of this Chapter.
STANDARD OUTDOOR ADVERTISING STRUCTURE AND/OR BILLBOARDAll signs which advertise products or businesses which are not located on the same premises as the sign. This includes billboards, detached pole signs on separate parcels, wall signs and signs otherwise attached to buildings and/or supported by uprights or braces on the ground. Real estate signs are excluded from this definition.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
An order of the HPC directing an owner, occupant, contractor or subcontractor to halt an action for which a certificate of appropriateness is required, and notifying the owner, occupant, contractor or subcontractor of the application process for a certificate of appropriateness.
[CC 1996 § 25-802; Ord. No. 938 § 25-1301B]
That part of a building, including between the surface of one (1) floor and the surface of the floor next above, or if there is no floor above, that part of the building which is above the surface of the next 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 story is the highest story having its interior floor surface not more than four (4) feet above the curb level, mean street grade, or average ground level.
STREETAn improved way for the conveyance of motor driven, rubber-tired vehicles, such as automobiles and trucks. Terms related to street shall mean as follows:
1. ARTERIAL STREETA State or United States numbered highway. Arterial streets are used for traffic of moderate to fast speeds and high volumes between major local centers of employment, recreation and shopping.
COLLECTOR STREETA major street used for traffic of moderate speeds and high peak volumes between local streets and arterial streets or serving as a principal entrance street or primary circulation route within a neighborhood or other limited area. Collector streets serve residential subdivisions, non-residential or multiple-family areas, but are not State or United States numbered highways.
LOCAL STREETA minor street used for traffic of relatively low speeds and volumes and for primary access to abutting properties.
ALLEYA narrow street used as a secondary means of access and usually located along the rear lines of abutting properties.
STRUCTURAL TRIMThe molding, battens, capping, nailing strips, latticing and platforms which are attached to the sign structure.
[CC 1996 § 25-218(1); Ord. No. 915 § 1]
1. A combination of materials to form a construction for use, occupancy or ornamentation whether installed on, above or below the surface of land or water. The term "structure" includes "building."
When used in reference to Article
XIV, Historic Districts and Landmarks, "structure" shall mean anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including, but without limiting the generality of the foregoing, buildings, fences, gazebos, advertising signs, billboards, backstops for tennis courts, radio and television antennae and towers, and swimming pools.
[CC 1996 § 25-802; Ord. No. 938 § 25-1301B]
SUBDIVIDERA person undertaking the subdivision or the resubdivision of a lot, tract or parcel of land into two (2) or more lots or other divisions of land for the purpose of transfer of ownership or development, whether immediate or future, including all changes in street or lot lines.
SUBDIVISIONA division of lot, tract or parcel of land into two (2) or more lots, for the purpose of transfers of ownership or development, whether immediate or future, including all changes in street or lot lines. Subdivision includes the division or development of residential and non-residential zoned land, whether by deed, metes and bounds description, map plat or other recorded instrument and further includes the creation of a condominium or town home or any other division of property into units.
SUBDIVISION, MINORAny subdivision containing not more than three (3) lots fronting on an existing street; not involving any new street, the extension of municipal facilities, or the creation of any public improvements; and not adversely affecting the remainder of the parcel or adjoining property.
SWIMMING POOL, COMMERCIALAn established primarily engaged in the business of operating a structure, whether indoor or outdoor, above or below the surface of the ground or both, intended to contain water for swimming or wading.
THEATERA building or premises devoted to showing motion pictures, or for live dramatic or musical performances.
USEThe purpose or activity for which the land, or structure thereon, is designed, arranged or intended, or for which it is occupied or maintained.
USED MERCHANDISE STORE or PAWN SHOPAn establishment or place of business primarily engaged in the retail sale of used merchandise or secondhand goods, such as used clothes, antiques, secondhand books or rare manuscripts, or items of architectural salvage, but not including used cars or other motorized vehicles. This term includes an establishment engaged in the sale of merchandise in which merchandise is offered as collateral for obtaining loans and wherein such merchandise is offered for sale in recompense for default of loan repayment.
VARIANCEA modification of the application of certain regulations or provisions of this Chapter by the Board, in accordance with the procedure established by this Chapter.
VEHICLE, INOPERATIVEAny wrecked, disabled or damaged vehicle. Any one of the following conditions shall be deemed prima facie evidence that a vehicle is inoperable:
1. Placement of the vehicle or parts thereof upon jacks, blocks, chains or other supports;
Absence of one (1) or more parts of the vehicle necessary for the lawful operation of the vehicle upon the streets and highways; or
Storage of a vehicle with one (1) or more deflated tires.
VEHICLE, MOTORAny passenger vehicle, motorcycle, recreational vehicle, truck, trailer truck, or semitrailer that is propelled or drawn by mechanical power.
VETERINARIANAn establishment or place of business primarily engaged in the medical care and treatment of animals.
WAREHOUSING, DISTRIBUTION AND STORAGEAn establishment or place of business primarily engaged in wholesaling, storage, distribution and handling of materials and equipment other than live animals and plants.
WHOLESALE ESTABLISHMENTA place of business primarily engaged in selling merchandise to persons other than members of the general public.
YARDAn 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 in this Chapter. 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 least horizontal distance between a lot line and the building, or any protrusions therefrom, shall be used. The derivations of yard shall maintain the following definitions:
1. YARD, FRONTA yard across the full width of the lot extending from the front line of the main building to the front line of the lot.
YARD REARA yard between the rear lot line and the rear of the main building and the side lot lines.
YARD SIDEA yard between the main building and the adjacent side line of the lot, and extending entirely from the front yard to the rear yard thereof.
YARD REQUIREDThe minimum open space between a lot line and the buildable area of a lot within which no structure, parking area, or other obstruction shall be located except as provided by this Chapter.
YARD REQUIRED FRONTThat yard established by the front setback requirement of this Chapter and the established front lot line.
YARD REQUIRED REARThat yard established by the rear setback requirement of this Chapter and the established rear lot line.
YARD REQUIRED SIDEThat yard established by the side setback requirement of this Chapter and the established side lot line.
ZONING OFFICERThe person appointed by the Governing Body for the administration of this Chapter, or his/her designee.
