[Ord. No. 2470, 11-13-2018]
For the purposes of Chapters: 400, 401, 405, 406, 407, and 410,
the following words and terms used herein are defined to mean the
following:
Words used in the present tense include the future; words in
the singular number include the plural, and words in the plural number
include the singular; the word "building" includes the word "structure";
the word "may" is permissive, the word "shall" and the word "must"
are mandatory and not directory; the term "used for" includes the
meaning "designated for" or "intended for."
A.P.W.A. STANDARDS
The standards for streets, street lights, sanitary sewers,
sidewalks, storm drainage structures and other public works elements,
published by the Kansas City Chapter of the American Public Works
Association.
ACCESSORY BUILDING OR USE
A subordinate building, a portion of the main building, or
a use customarily incident to and located on the lot occupied by the
main building or use of the property.
AIRPORT/AIRSTRIP
Any premises which are used or intended for use for the landing
and takeoff of aircraft; and any appurtenant areas which are used
or intended for use or airport buildings or other airport structures
or right-of-way, together with all airport buildings and structures
located thereon.
ALLEY
A public way which affords only a secondary means of access
to abutting property.
APPEAL
A request for a review of the interpretation of any provision
of this Chapter or a request for a variance.
AWNING
Any structure entirely supported by the wall or canopy to
which it is attached and which is 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.
BASEMENT
A portion of a building located partially underground, but
having more than half (1/2) its floor to ceiling height below the
average grade of the adjoining ground.
BED AND BREAKFAST FACILITIES
A home, a portion of which if used for temporary occupancy
by individuals, who are lodged with one (1) or more meals provided
and in which provisions for cooking are made in a central kitchen
area and not in the individual rooms or suites. Rooms or suites shall
not be occupied by the same persons for more than fourteen (14) consecutive
nights.
BILLBOARDS
All signs which advertise a product or business not located
on the same lot or premises as the sign. This includes, but is not
limited to, billboards, junior poster panels (billboards less than
one hundred (100) square feet in surface area), and freestanding signs
on separate parcels. Real estate, subdivision and subdivision real
estate signs are excluded from this definition.
BLOCK
An area of land entirely bounded by streets, highways or
ways, except alleys, pedestrian ways or exterior boundaries of a subdivision
unless such exterior boundary is a street, highway or way or a combination
of streets, public parks, cemeteries, railroad rights-of-way, bulkhead
lines or shorelines or waterways, or corporate boundary lines.
BOARDING HOUSE/LODGING HOUSE
A Residential building containing one (1) or more rooms which
have no cooking facilities and which are occupied by persons other
than members of the immediate family and does not include meals.
BUILDABLE WIDTH
The width of that part of a lot not included within the open
spaces herein required.
BUILDING
Any structure, whether temporary, semi-permanent or permanent,
designed or intended for the support, enclosure, shelter or protection
of persons or property.
BUILDING HEIGHT
The vertical distance measured from the average finished
grade adjoining the building to the highest point of the underside
of the ceiling beams, in the case of a flat roof; to the deck line
of a mansard roof; and to the mean level of the underside of the rafters
between the eaves and the ridge of a gable, hip, or gambrel roof.
Chimneys, spires, towers, elevator penthouses, tanks, and similar
projections shall not be included in calculating the height.
BUILDING, ACCESSORY
A subordinate building or portion of a principal building
the use of which is incidental to that of the principal building and
customary in connection with that use.
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the
lot on which it is located.
BUILDING, RESIDENTIAL
A building arranged, designed, used or intended to be used
for residential occupancy by one (1) or more families.
BUILDING, TEMPORARY
Any building not designed to be permanently located, placed,
or affixed in the place where it is situated.
BULK
A composite characteristic of a given building as located
upon a given lot, not definable as a single quantity, but involving
all of the following characteristics:
1.
Size and height of building,
2.
Location of exterior walls at all levels in relation to lot
lines, streets, or to other buildings,
3.
Gross floor area of the building in relation to lot area (floor
area ratio),
4.
All open spaces allocated to the building, and
5.
Amount of lot area provided per dwelling unit.
BULK FUEL
Anything over a hundred (100) gallons.
BUSINESS
An occupation, employment, or enterprise which occupies time,
attention, labor, and materials, or wherein merchandise is exhibited
or sold or where services are offered.
CAMPGROUND/TRAVEL TRAILER PARK
Any plot of ground upon which a camper or travel trailer
is located regardless of whether or not a charge is made for such
accommodation. However, such definition shall not include storage
of one (1) personal camper or travel trailer upon the property of
the owner.
CANOPY
Any structure other than an awning attached to a building
at the inner end and projected outward either supported or cantilevered.
A portico shall be considered a canopy for the purpose of this Chapter.
CHANGE OF USE
Any different way of using the land or improvements.
CITY
As hereinafter referred to shall mean Richmond, Missouri.
CLINIC
An office building or group of offices for one (1) or more
physicians, surgeons or dentists engaged in treating the sick or injured,
but not including rooms for the overnight care of patients.
CLUB, PRIVATE
A building or premises used for social, recreational, dining
or philanthropic purposes, the normal use of which is limited to specific
members, patrons or otherwise listed persons.
COMMISSION
Planning and Zoning Commission of Richmond, Ray County, Missouri.
COMMUNITY DEVELOPMENT DIRECTOR
Community Development Director and his/her designee, Zoning
Administrator, Planner, Inspector, and Flood Plain Administrator.
COMPREHENSIVE MARIJUANA CULTIVATION FACILITY
A facility licensed by the Missouri Department of Health
and Senior Services to acquire, cultivate, process, package, store
on-site or off-site, transport to or from, and sell Marijuana, Marijuana
seeds, Marijuana vegetative cuttings (clones) to a Medical Marijuana
Facility, Comprehensive Marijuana Facility, or Marijuana Testing Facility.
A Comprehensive Marijuana Cultivation Facility need not segregate
or account for its Marijuana products as either non-medical Marijuana
or medical Marijuana. A Comprehensive Marijuana Cultivation Facility's
authority to process Marijuana shall include the creation of Prerolls,
but shall not include the manufacture of Marijuana-Infused Products.
[Ord. No. 2624, 9-12-2023]
COMPREHENSIVE MARIJUANA DISPENSARY FACILITY
A facility licensed by the Missouri Department of Health
and Senior Services to acquire, process, package, store on-site or
off-site, sell, transport to or from, and deliver Marijuana, Marijuana
seeds, Marijuana vegetative cuttings (clones), Marijuana-Infused Products,
and drug paraphernalia used to administer Marijuana as allowed by
applicable law to a qualifying patient or primary caregiver, as defined
by law, or to a consumer, anywhere on the licensed property or to
any address as directed by the patient, primary caregiver, or consumer
and consistent with the limitations of applicable laws and as otherwise
allowed by law, to a Comprehensive Marijuana Facility, a Marijuana
Testing Facility, or a Medical Marijuana Facility. Comprehensive Marijuana
Dispensary Facilities may receive transaction orders at the dispensary
directly from the consumer in person, by phone, or via the internet,
including from a third party. A Comprehensive Marijuana Dispensary
Facility need not segregate or account for its Marijuana products
as either non-medical Marijuana or medical Marijuana, but shall collect
all appropriate tangible personal property sales tax for each sale,
as set forth in Article XIV of the Missouri Constitution and provided
for by general or local law. A Comprehensive Marijuana Dispensary
Facility's authority to process Marijuana shall include the creation
of Prerolls.
[Ord. No. 2624, 9-12-2023]
COMPREHENSIVE MARIJUANA FACILITY
A "Comprehensive Facility" as defined by Article XIV, Section
2, of the Missouri Constitution, a Comprehensive Marijuana Cultivation
Facility, a Comprehensive Marijuana Dispensary Facility, or a Comprehensive
Marijuana-Infused Products Manufacturing Facility.
[Ord. No. 2624, 9-12-2023]
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the Missouri Department of Health
and Senior Services to acquire, process, package, store, manufacture,
transport to or from a Medical Marijuana Facility, Comprehensive Marijuana
Facility, or Marijuana Testing Facility, and sell Marijuana-Infused
Products, Prerolls, and Infused Prerolls to a Comprehensive Marijuana
Dispensary Facility, a Marijuana Testing Facility, or another Comprehensive
Marijuana-Infused Products Manufacturing Facility. A Comprehensive
Marijuana-Infused Products Manufacturing Facility need not segregate
or account for its Marijuana products as either non-medical Marijuana
or medical Marijuana.
[Ord. No. 2624, 9-12-2023]
COMPREHENSIVE PLAN
The plan or any portion thereof adopted by the Commission
for the coordinated physical development of Richmond, including, among
other things, plans and programs regarding the location, character
and extent of highways, transportation routes, bridges, public buildings,
schools, parks, forests, wildlife refuges, dams and projects affecting
the conservation of natural resources.
CONDOMINIUM
A type of ownership whereby portions of a building are separately
owned under the Condominium Statutes of the State of Missouri.
CONVALESCENT HOME
A building where regular nursing care is provided for more
than one (1) person not a member of the family which resides on the
premises.
COURTYARD
An open space bounded on three (3) or more sides by exterior
buildings, walls or by exterior walls of a building and lot lines
upon which walls or fences are allowable.
CUL-DE-SAC
A short street having only one (1) end open for vehicular
traffic and the other permanently terminated by a full turnaround
for vehicles and shall be no longer than six hundred (600) feet.
DAY CARE CENTER
A building wherein children not being of the same family,
are kept during portions of the day when the children's parents are
employed or otherwise occupied elsewhere.
DENSITY OF SCREEN OR FENCE
The percent of vision obstruction caused by the arrangement
or dispersion of the physical properties of a fence wall or planted
living screen as viewed from a point perpendicular to the vertical
surface.
DESIGN
The arrangement of land for easements, lots and rights-of-way
including materials, alignment, grade and width of these elements.
DEVICE, ATTENTION-ATTRACTING
Wind-operated mechanisms, flashing lights and any other type
of flashing object designed or intended to attract the attention of
the public but shall not include three-dimensional signs or those
otherwise defined under this Chapter.
DOG KENNEL
A structure used for the harboring of more than two (2) dogs
that are more than one (1) year old.
DUST-FREE SURFACE
As per the Kansas City Metro Chapter of American Public Works
Association for construction and material specifications. The Dust-Free
Surface shall at the very minimum, hard surfaced with a ninety-five
percent (95%) compacted base that is minimum of four (4) inches of
crushed rock and covered with a minimum of four (4) inches of cement
concrete or asphaltic concrete.
DWELLING
A building or portion thereof intended for occupancy for
residential purposes but not including hotels, motels, rooming houses,
nursing homes, tourist homes, motor homes or recreation vehicles.
DWELLING UNIT/APARTMENT
One (1) or more rooms constituting all or part of a dwelling
and which are arranged, designed, used, or intended for use exclusively
as a single housekeeping unit for one (1) family, and which includes
cooking, living, sanitation, and sleeping facilities.
EASEMENT
A grant by the property owner to a person, corporation or
the public of the right to the use of designated land area for specified
purposes.
ELECTRONIC MESSAGE BOARD
A type of sign that presents its message through illumination
of flashing, intermittent, or moving lights forming the letters, numbers,
or symbols of the message, whether or not the message appears to move
across the sign face.
ERECT
To build, construct, attach, hang, place, suspend or affix
a sign to a wall, pole or structure.
EXCEPTION
The allowance of an otherwise prohibited used within a given
district, such use and the conditions by which it may be permitted
being clearly and specifically stated within these regulations, and
the allowance being by express permission of the Board of Zoning Adjustment.
FACING or SURFACE
Any area 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 graphic, 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 displayed thereon.
FAMILY
One (1) or more persons, each related to the other by blood,
marriage, or legal adoption, or group of not more than four (4) persons
not so related, and maintaining a common household and using one (1)
set of kitchen facilities in a dwelling unit. A family may include
not more than two (2) roomers, boarders, or permanent guests not a
part of a common household, whether or not gratuitous.
FINAL PLAT
A plan or map prepared in accordance with the provisions
of these regulations and those of any applicable local regulations,
which plat is prepared to be placed on record in the office of the
Recorder of Deeds of the County.
FLAG, COMMERCIAL
A piece of cloth or other flexible material varying in size,
shape, color and design, usually attached at one (1) edge to a staff
or cord and that is imprinted with a primarily commercial message
or design.
FLAG, OFFICIAL
A piece of cloth or other flexible material varying in size,
shape, color and design, usually attached at one (1) edge to a staff
or cord and used as the symbol of a nation, State or City, or as a
symbol of a primarily non-commercial matter.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
An official map of a community on which the Community Development
Director had delineated both special flood hazard areas and the designated
regulatory floodway.
FLOOD ELEVATION DETERMINATION
A determination of the water surface elevation of the 100-year
flood; that is, the level of flooding that has a one percent (1%)
chance of occurring in any given year.
FLOOD HAZARD AREA
All land subject to periodic inundation from overflow of
natural waterways when subjected to the maximum possible runoff from
three (3) inches of rain per hour as calculated by approved engineering
methods.
FLOOD HAZARD BOUNDARY MAP (FHBM)
An official map of a community, issued by the Community Development
Director, 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 Community Development
Director has delineated both the special flood hazard areas and the
risk premium zones applicable to the community.
FLOOD INSURANCE STUDY
The official report provided by the Federal Emergency Management
Agency. The report contains flood profiles, as well as the Flood Boundary
Floodway Map, and the water surface elevation of the base flood.
FLOOD or FLOODING
A general or temporary condition of partial or complete inundation
of normally dry land areas from:
1.
The overflow of inland or tidal waters,
2.
The unusual and rapid accumulation of runoff of surface waters
from any source.
FLOODPROOFING
Any combination of structural and non-structural additions,
changes or adjustments to structures, including utility and sanitary
facilities, which would preclude the entry of water. Structural components
shall have the capability of resisting hydrostatic and hydrodynamic
loads and the effect of buoyancy.
FLOODWAY FRINGE
That area of the floodplain, outside of the floodway, that
on the average is likely to be flooded once every one hundred (100)
years (i.e., that has a one percent (1%) chance of flood occurrence
in any one (1) year).
FLOODWAY OR REGULATORY FLOODWAY
The channel of a river or other watercourse and the adjacent
floodplain 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.
Gross.
a.
The floor area within the inside perimeter of the exterior walls
of the building under consideration, exclusive of vent shafts and
courts, without deduction for corridors, stairways, closets, the thickness
of interior walls, columns or other features. The floor area of a
building, or portion thereof, not provided with surrounding exterior
walls shall be the usable area under horizontal projection of the
roof or floor above. The gross floor area shall not include shafts
with no openings or interior courts.
b.
Residential buildings; the gross horizontal areas of the several
floors of a dwelling exclusive of garages, basements and open porches
measured from the external faces of the exterior walls.
(1)
Attic space providing headroom of less than seven (7) feet;
(2)
Basement space not used for retailing; or
(3)
Accessory water and cooling towers.
2.
Net.
a.
The actual occupied area not including unoccupied accessory
areas such as corridors, stairways, toilet rooms, mechanical rooms.
FLOOR AREA FOR THE PURPOSE OF DETERMINING OFF-STREET PARKING
REQUIREMENTS
The total floor area of the building, expressed in square
feet, measured from the exterior surface of outside walls, and including
mezzanines, upper floors, whether finished or not, from which is subtracted
the floor area of washrooms, elevator shafts, stairways, mechanical
room and any permanent shopping center malls.
FOOT-CANDLE
The illumination of a surface one (1) foot distance from
a source of one (1) candela, equal to one (1) lumen per square foot.
FRONT YARD
An open space unoccupied by buildings or structures (except
as hereinafter provided) across the full width of the lot extending
from the front line of the building to the front street line of the
lot.
FRONT YARD DEPTH
The minimum horizontal distance from the front line of the
building to the front street line of the lot.
FRONTAGE
The length of the lot along the abutting street. The front
of a lot abutting more than one (1) street is considered separate
for each street.
GARAGE, COMMUNITY
Any building or premises, other than a public, private or
storage garage providing storage for motor vehicles with facilities
for washing, but no other services, such garage to be in lieu of private
garages within a block or portion of block.
GARAGE, DETACHED
A free standing "accessory building" as defined above which
is not a part of the principal structure, but is accessory to a principal
structure. A "detached garage" may not be a principal structure or
be allowed on a lot or parcel in a residential district where no principal
structure is located.
GARAGE, PRIVATE
An accessory building or an accessory portion of the principal
building, including a carport, which is intended for and used for
storing of private passenger vehicles of the persons, family or families
using the premises; as well as the storage of boats, campers and recreational
vehicles; and except carports for legally permitted hobby and craft
pursuits of the persons, family or families using the premises.
GARAGE, PUBLIC
Any building or premises, used for the storage, care or repair
of motor vehicles, which is operated for commercial purposes.
GOVERNING BODY
The Mayor and City Council of the City of Richmond, Missouri.
GROUP HOME
Any home in which eight (8) or fewer unrelated mentally or
physically handicapped persons reside, and may include two (2) additional
persons acting as house parents or guardians who need not be related
to each other or to any of the mentally or physically handicapped
persons residing in the home.
HEIGHT OF BUILDINGS
The vertical distance measured from the highest of the following
three (3) levels:
1.
From the street curb level.
2.
From the established or mean street grade in case the curb has
not been constructed.
3.
From the average finished ground level adjoining the building
where it sits back from the street line; to the level of the highest
point of the roof beams of flat roofs or roofs inclining not more
than one (1) inch to the foot, and to the mean height level between
the eaves and the highest ridge for other roofs.
HELIPORT OR HELIPAD
An area, either on the ground or on a building, used as a
landing pad for helicopters to pick up or discharge passengers or
cargo.
HILLSIDE AREA
An area with an average slope of twenty percent (20%) or
more, and a cross slope from twenty percent (20%) to forty percent
(40%).
HILLSIDE STREET
A Street in which the cross slope of the existing ground
exceeds fifteen percent (15%) and the centerline slope exceeds fifteen
percent (15%).
HOME OCCUPATION
A use of no more than twenty-five percent (25%) of the floor
area of any one (1) floor of a dwelling unit by no more than two (2)
members of the family residing therein for the provision of personal
services not involving stocking, storing, transfer or exchange of
any goods or merchandise. Such services shall be the same or similar
to the following: Bookkeeping, accounting, architecture, engineering,
legal counsel, medical, financial counseling, artist, photography,
instruction in the arts, crafts, tutoring, child or adult care of
three (3) or less persons, secretarial services, beauty or barber
shop, drafting and millinery, "homemade" crafts, and home accessory
gift items. No evidence of such home occupation shall extend beyond
the confines of the dwelling unit other than an identification sign
as permitted by these zoning regulations.
HOTEL
A building containing lodging rooms, a common entrance and
lobby, halls and stairways, and which lodging rooms do not have doorways
opening directly to the outdoors except for emergencies; and where
more than fifty percent (50%) of the lodging rooms are for rent, with
or without meals, to transient guests for a continuous period of less
than thirty (30) days.
IMPROVEMENT PLANS
The engineering plans showing types of materials and construction
details for the physical structures and facilities to be installed,
both in or in conjunction with the plat.
IMPROVEMENTS
Refers to such street work, streetlights, signs, and utilities,
including water, sewer, electric, gas, and storm water, to be installed
or agreed to be installed, in total or in part, by the subdivider
on land to be used for public or private streets and easements, as
are necessary for the general use of lot owners in the subdivision
and local neighborhood traffic and drainage needs as a condition precedent
to the approval and acceptance of the final plat thereof.
INDEXING
Turning and stopping action of the sections of multi-prism
sign designed to show several messages in the same area.
INFUSED PREROLL
A consumable or smokable Marijuana product, generally consisting
of: (1) a wrap or paper; (2) dried flower, buds, and/or plant material;
and (3) a concentrate, oil or other type of Marijuana extract, either
within or on the surface of the product. Infused Prerolls may or may
not include a filter or crutch at the base of the product.
[Ord. No. 2624, 9-12-2023]
JUNK/SALVAGE YARD
An open area where waste, used or second-hand materials are
bought, sold, exchanged, stored, baled, packed, disassembled, or handled,
including, but not limited to, scrap iron and other metals, paper,
rags, rubber tires, and bottles. A junk yard includes an auto wrecking
yard, but does not include uses carried on entirely within enclosed
buildings, nor does it include an establishment engaged only in the
processing of scrap metal for the manufacture of steel on the same
premises.
LANDSCAPING
The bringing of the soil surface to a smooth finished grade,
installing sufficient trees, shrubs, ground cover and grass to soften
building lines, provide shade and generally produce a pleasing visual
effect of the premises.
LEGAL POSTING
A sign intended to convey a legal right or restriction on
a property, such as a "no trespassing" or "no hunting" sign; a sign
intended to warn the public of a bona fide danger on the property,
such as a "beware of the dog" sign; or a sign placed by order of a
court or by a government official in the normal course of their duties,
such as posting of a legal notice or a "building condemned" sign.
LIVESTOCK
Includes cattle, sheep, horses, goats, and other domestic
animals ordinarily raised or used on the farm.
LOADING SPACE
A space within the main building or on the same lot, providing
for the loading or unloading of trucks, with a minimum of fourteen
(14) by fifty (50) feet and a vertical clearance of eighteen (18)
feet.
LODGING ESTABLISHMENT
Any building, group of buildings, structure, facility, place,
or places of business where five (5) or more guest rooms are provided,
which is owned, maintained, or operated by any person and which is
kept, used, maintained, advertised or held out to the public for hire
which can be construed to be a hotel, motel, motor hotel, apartment
hotel, tourist court, resort, cabins, tourist home, bunkhouse, dormitory,
or other similar place by whatever name called, and includes all such
accommodations operated for hire as lodging establishments for either
transient guests, permanent guests, or for both transient and permanent
guests.
LODGING ROOM
A room rented as sleeping and living quarters, but without
cooking facilities, and with or without an individual bathroom. In
a suit of rooms, each room shall be counted as one (1) lodging room.
LOT
A parcel of land occupied or to be occupied by a building
and its accessory buildings, and including such open spaces as are
required under this Chapter, and having its principal frontage upon
a public street or place.
LOT AREA
The total horizontal area within the boundaries of a lot,
exclusive of any land designated for roadway purposes.
LOT DEPTH
The average horizontal distance between the front lot line
and the rear lot line of a lot measured within the lot boundaries.
LOT LINE — FRONT
That boundary line between a lot and the street on which
it fronts.
LOT LINE — REAR
That boundary of a lot which is opposite and most distant
from and is approximately parallel to the front lot line. If the rear
lot line is less that ten (10) feet in length, or if the lot forms
a point at the rear, the rear lot line shall be deemed to be a line
ten (10) feet in length within the lot, parallel to, and at the maximum
distance from the front lot line.
LOT LINE — SIDE
Any boundary of a lot which is not a front or rear lot line.
LOT LINES
The lines bounding a lot as defined herein.
LOT OF RECORD
A lot which is a part of a subdivision, the map of which
has been recorded in the office of the Register of Deeds, or a lot
described by metes and bounds, the description of which has been recorded
in the office of the Register of Deeds.
LOT SPLIT
A subdivision of land for the purpose of transfer of ownership
which does not contain 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 development of the remainder of the parcel or adjoining
property and not in conflict with any provision or portion of the
Comprehensive Plan, Major Street Plan, zoning ordinance or these regulations.
LOT WIDTH
The mean horizontal distance between the side lines measured
at right angles to the depth.
LOT, CORNER
A lot abutting upon two (2) or more streets at their intersections.
A corner lot shall be deemed to front on that street on which it has
its least dimension, unless otherwise specified by the zoning ordinance.
LOT, DOUBLE FRONTAGE
A lot having a frontage on two (2) non-intersecting streets
as distinguished from a corner lot.
LOT, INTERIOR
A lot whose side lines do not abut upon any street.
LOT, THROUGH
An interior lot having frontage on two (2) streets.
MANUFACTURED HOMES
A factory-built structure that is manufactured or constructed
under the authority of 42 United States Code Section 5401 and is to
be used as a place for human habitation but which is not constructed
or equipped with a permanent hitch or other device allowing it to
be moved other than for the purpose of moving to a permanent site,
and which does not have permanently attached to its body or frame
any wheels or axles. A mobile home is not a manufactured home.
NOTE: A "camper" or "travel trailer" is defined as a vehicle
or structure designed and constructed in such manner as will permit
temporary occupancy as living and sleeping quarters as is primarily
required during camping or vacation travels. Such facility has characteristics
similar to a mobile home in that it can be conveyed on the streets,
however, in no way is it intended to become a residence.
MARIJUANA FACILITY
A Comprehensive Marijuana Cultivation Facility, Comprehensive
Marijuana Dispensary Facility, Marijuana Testing Facility, Comprehensive
Marijuana-Infused Products Manufacturing Facility, Microbusiness Wholesale
Facility, Microbusiness Dispensary Facility, or any other type of
Marijuana-related facility or business licensed or certified by the
Missouri Department of Health and Senior Services, but shall not include
a licensed Medical Marijuana Facility.
[Ord. No. 2624, 9-12-2023]
MARIJUANA MICROBUSINESS FACILITY
A facility licensed by the Missouri Department of Health
and Senior Services as a Microbusiness Dispensary Facility or Microbusiness
Wholesale Facility, as defined by law.
[Ord. No. 2624, 9-12-2023]
MARIJUANA or MARIHUANA
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
resin extracted from the plant and Marijuana-Infused Products. "Marijuana"
or "Marihuana" do not include industrial hemp as defined by Missouri
Statute, or commodities or products manufactured from industrial hemp.
[Ord. No. 2488, 7-23-2019; Ord. No. 2624, 9-12-2023]
MARIJUANA TESTING FACILITY
A facility certified by the Missouri Department of Health
and Senior Services to acquire, test, certify, and transport Marijuana,
including those originally certified as a Medical Marijuana Testing
Facility.
[Ord. No. 2624, 9-12-2023]
MARIJUANA-INFUSED PRODUCTS
Products that are infused, dipped, coated, sprayed, or mixed
with Marijuana or an extract thereof, including, but not limited to,
products that are able to be vaporized or smoked, edible products,
ingestible products, topical products, suppositories, and Infused
Prerolls.
[Ord. No. 2488, 7-23-2019; Ord. No. 2624, 9-12-2023]
MEDICAL MARIJUANA
Marijuana or Marihuana used for medical purposes as set forth
in Article XIV, Section 1, of the Missouri Constitution and the rules
promulgated by the Missouri Department of Health and Senior Services.
[Ord. No. 2624, 9-12-2023]
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the Missouri Department of Health
and Senior Services to acquire, cultivate, process, package, store
on-site or off-site, transport to or from, and sell Marijuana, Marijuana
seeds, and Marijuana vegetative cuttings (also known as "clones")
to a Medical Marijuana Dispensary Facility, Medical Marijuana Testing
Facility, Medical Marijuana Cultivation Facility, or to a Medical
Marijuana-Infused Products Manufacturing Facility. A Medical Marijuana
Cultivation Facility's authority to process Marijuana shall include
the production and sale of Prerolls, but shall not include the manufacture
of Marijuana-Infused Products.
[Ord. No. 2488, 7-23-2019; Ord. No. 2624, 9-12-2023]
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the Missouri Department of Health
and Senior Services to acquire, process, package, store on-site or
off-site, sell, transport to or from, and deliver Marijuana, Marijuana
seeds, Marijuana vegetative cuttings (also known as "clones"), Marijuana-Infused
Products, and drug paraphernalia used to administer Marijuana as provided
for in this Section to a qualifying patient, a primary caregiver,
anywhere on the licensed property or to any address as directed by
the patient or primary caregiver, so long as the address is a location
allowing for the legal possession of Marijuana, another Medical Marijuana
Dispensary Facility, a Marijuana Testing Facility, a Medical Marijuana
Cultivation Facility, or a Medical Marijuana-Infused Products Manufacturing
Facility. Medical Marijuana Dispensary Facilities may receive transaction
orders at the dispensary in person, by phone, or via the internet,
including from a third party. A Medical Marijuana Dispensary Facility's
authority to process Marijuana shall include the production and sale
of Prerolls, but shall not include the manufacture of Marijuana-Infused
Products.
[Ord. No. 2488, 7-23-2019; Ord. No. 2624, 9-12-2023]
MEDICAL MARIJUANA FACILITY
Any Medical Marijuana Cultivation Facility, Medical Marijuana
Dispensary Facility, or Medical Marijuana-Infused Products Manufacturing
Facility, as defined in this Section.
[Ord. No. 2624, 9-12-2023]
MEDICAL MARIJUANA TESTING FACILITY
A facility certified by the Missouri Department of Health
and Senior Services, to acquire, test, certify, and transport marijuana.
[Ord. No. 2488, 7-23-2019]
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the Missouri Department of Health
and Senior Services, to acquire, process, package, store on-site or
off-site, manufacture, transport to or from, and sell Marijuana-Infused
Products to a Medical Marijuana Dispensary Facility, a Marijuana Testing
Facility, or to another Medical Marijuana-Infused Products Manufacturing
Facility.
[Ord. No. 2488, 7-23-2019; Ord. No. 2624, 9-12-2023]
MICROBUSINESS DISPENSARY FACILITY
A facility licensed by the Missouri Department of Health
and Senior Services to acquire, process, package, store on-site or
off-site, sell, transport to or from, and deliver Marijuana, Marijuana
seeds, Marijuana vegetative cuttings (clones), Marijuana-Infused Products,
and drug paraphernalia used to administer Marijuana as allowed by
law to a qualifying patient or primary caregiver, as defined by law,
or to a consumer, anywhere on the licensed property or to any address
as directed by the qualifying patient, primary caregiver, or consumer
and consistent with the limitations of Article XIV of the Missouri
Constitution and as otherwise allowed by law, a Microbusiness Wholesale
Facility, or a Marijuana Testing Facility. Microbusiness Dispensary
Facilities may receive transaction orders at the dispensary directly
from the consumer in person, by phone, or via the internet, including
from a third party. A Microbusiness Dispensary Facility's authority
to process Marijuana shall include the creation of Prerolls.
[Ord. No. 2624, 9-12-2023]
MICROBUSINESS WHOLESALE FACILITY
A facility licensed by the Missouri Department of Health
and Senior Services to acquire, cultivate, process, package, store
on-site or off-site, manufacture, transport to or from, deliver, and
sell Marijuana, Marijuana seeds, Marijuana vegetative cuttings (clones)
and Marijuana-Infused Products to a Microbusiness Dispensary Facility,
other Microbusiness Wholesale Facility, or Marijuana Testing Facility.
A Microbusiness Wholesale Facility may cultivate up to two hundred
fifty (250) flowering Marijuana plants at any given time. A Microbusiness
Wholesale Facility's authority to process Marijuana shall include
the creation of Prerolls and Infused Prerolls.
[Ord. No. 2624, 9-12-2023]
MODULAR HOME
Factory-built housing bearing the seal issued by the Missouri
Public Service Commission indicating compliance with the State of
Missouri Modular Standards and Regulations for modular homes.
MOTOR VEHICLE
Any self-propelled vehicle designed primarily for transportation
of persons or goods along public streets or alleys, or other public
ways.
MOTOR VEHICLE SALVAGE OR WRECKING YARD
Any area of land where three (3) or more inoperable motor
vehicles, or parts thereof, are stored in the open and are not being
restored to operation; or any land, building, or structure used for
the stripping, wrecking or storing of such motor vehicles, or parts
thereof and which may include sale of parts of vehicles.
MOTOR VEHICLE SERVICE STATION
Any building, or portion thereof, or premises used for dispensing
or offering for sale at retail any automotive fuels or oils, having
pumps and storage tanks thereon; or where battery, tire, and other
similar services are rendered, but only if rendered wholly within
the lot lines. When dispensing, sale or offering for sale is only
incidental to the conduct of a repair garage, the premises are classified
as repair garage. Motor vehicle service stations do not include open
sales lots or vehicle storage lots.
NET AREA
The entire area within the boundary lines of the site, less
the area of any street right-of-way.
NON-CONFORMING USE
Any use of a building or premises which on the effective
date of this Chapter does not, even though lawfully established, comply
with all of the applicable use regulations as set forth herein for
the Zoning District in which such building or premise is located.
NURSING HOME
An establishment or agency licensed by the State for the
board and care or treatment of three (3) or more unrelated individuals.
OPEN SALES LOT
Any land used or occupied for the purpose of displaying,
buying or selling merchandise, passenger cars, trucks, motor scooters,
motorcycles, boats, monuments, or for similar items or for the storing
of same prior to sale.
OPEN SPACE
An area of land or water or combination thereof planned for
passive or active recreation, but does not include areas used for
streets, alleys, driveways or private roads, off-street parking or
loading areas, or required front, rear or side yards.
PARKING LANE
An auxiliary lane of a roadway used primarily for vehicular
parking.
PARKING SPACE, OFF-STREET
A permanently surfaced dust-free area enclosed or unenclosed,
to store one (1) automobile, having the minimum dimensions of eight
and one-half (8 1/2) feet by twenty (20) feet, to which an automobile
has direct access from a permanently surfaced dust-free drive.
PEDESTRIAN WAY
A right-of-way dedicated to public use which cuts across
a block to facilitate pedestrian access to adjacent streets and properties.
PERSON
Any individual, firm, agency, partnership, association, corporation,
company or organization of any kind.
PLANNED DEVELOPMENT
A tract of land under single ownership or control which is
to be developed in accordance with a plan adopted by ordinance and
the boundaries of which are established to the Zoning District Map.
PRELIMINARY PLAT
A map made for the purpose of showing the design of a proposed
subdivision and existing conditions in and around it.
PREMISES
That portion of a lot or building occupied by a single occupant,
exclusive of common area, if any, shared with adjacent occupants.
Permitted sign area shall be separately calculated for multi-tenant,
commercial buildings only when said tenants have a separate entrance
for their exclusive use.
PREROLL
A consumable or smokable Marijuana product, generally consisting
of: (1) a wrap or paper; and (2) dried flower, buds, and/or plant
material. Prerolls may or may not include a filter or crutch at the
base of the product.
[Ord. No. 2624, 9-12-2023]
PUBLIC UTILITY
Any firm or organization duly authorized to furnish to the
public under State or municipal regulations, electricity, gas, steam,
communications, telegraph, transportation or water.
PUBLIC WORKS ELEMENTS
Street work, storm water facilities, water or sewer mains,
sidewalks, street lighting and utilities that are to be installed,
or agreed to be installed, by the subdivider on the land or that are
related to or are necessary to support the development of the subdivision
but are on land not included in said subdivision, to be used for public
or private use.
REAR LINE
The boundary line which is opposite and most distant from
the front street line.
REAR YARD
An open space unoccupied (except as hereinafter provided)
between the rear lot line and the rear line of the principal building
and the side lot lines.
REAR YARD DEPTH
The minimum horizontal distance from the rear line of the
principal building to the rear lot line.
RECREATION/PLAYGROUND
A usable parcel of land suitably drained, free of stagnant
pools of water, with sufficient soil to support the growth of plant
material and containing a variety of recreational facilities.
RECREATIONAL VEHICLE
A vehicle towed or self-propelled on its own chassis or attached
to the chassis of another vehicle and designed or used for temporary
dwelling, recreational or sporting purposes. "Recreational vehicle,"
includes, but is not limited to, trailers, motor coach homes, converted
trucks, buses or vans, and boat and boat trailers.
RESTAURANT
A building wherein food is prepared and served to the public
in ready-to-eat form. The term shall include cafe, cafeteria, grills,
pizza parlor, diner, snack shop, hamburger shop and steak house.
RESUBDIVISION
A combination or recombination of previously recorded lots
or tracts of contiguous land for purposes of creating a new lot or
lots.
RIGHT-OF-WAY (ROW)
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, oil
or gas pipeline, water main, sanitary or storm sewer main or for another
similar use. The usage of the term "right-of-way" for land platting
purposes shall mean that every right-of-way hereafter established
and shown on a final plat is to be separate and distinct from the
lots or parcels adjoining such right-of-way and not included within
the dimensions or areas of such lots or parcels. Rights-of-way intended
for streets, crosswalks, water mains, sanitary sewers, storm drains
or any other use involving maintenance by a public agency shall be
dedicated to public use by the maker of the plat on which such right-of-way
is established. (See also LOT LINE — FRONT.)
ROADBED
The graded portion of a street upon which the base course,
surface course, shoulders and median are constructed.
ROADWAY
The portion of a street, including shoulders, for vehicular
usage.
ROOMING HOUSE
A rooming house is a building other than a hotel where lodging
is provided for three (3) or more persons for compensation pursuant
to previous arrangements but not open to the public or transients.
SERVICE STATION
Any building or land used for the sale or retail of automobile
fuels, oils and accessories, including lubrication of automobile and
replacement or installation of minor parts and accessories, may or
may not include major repair work such as motor replacement, body
and fender repair or spray painting.
SETBACK LINE
The line generally parallel to the front, side or rear lot
line establishing the minimum space to be provided as the front, side
or rear yard.
SHOPPING CENTER
Any area containing two (2) or more shops, stores and other
places of business permitted in the "B" Local Business District under
the zoning regulations and providing off-street parking facilities
in common for all of the businesses and their customers.
SIDE LINE
Any lot boundary line not a front or rear line thereof. A
side line may be a party lot line, a line bordering on an alley or
place or a side street line.
SIDE YARD
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.
SIGN
Any structure or part thereof, or any device attached to,
printed on or represented on a building, fence or other structure,
upon which is displayed or included any letter, work, model, banner,
flag, pennant, insignia, decoration, device or representation used
as, or which is in the nature of, an announcement, direction, advertisement
or other attention-directing device. A sign shall not include a similar
structure or device located within a building except illuminated signs
within show windows. A sign includes any billboard, but does not include
the flag or pennant or insignia of any nation or association of nations,
or of any State, City or other political unit, or of any political,
charitable, educational, philanthropic, civic or like campaign, drive,
movement or event.
SIGN AREA
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 graphic, 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 or letters are 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 imaginary straight lines around
generally rectangular margins and measuring the area so encompassed
by these lines.
SIGN STRUCTURE
The sign and all parts associated with its construction.
SIGN, ANIMATED
Any sign which includes action or motion. For purposes of
this Chapter, this term does not refer to flashing, changing or indexing,
all of which are separately defined.
SIGN, CHANGEABLE COPY
A sign on which copy or sign panels may be changed manually
or electronically in the field, such as boards with changeable letters
or changeable pictorial panels, or temperature and date sign, message
center, or electronic message board, where different copy changes
are shown on the same location.
SIGN, CONSTRUCTION
A temporary sign used during construction of new buildings
or reconstruction of or additions to existing buildings, such as those
identifying the project and denoting the owner, architect, engineer,
contractor and/or financing institution of the project.
SIGN, DIRECTIONAL
A sign which indicates a direction for vehicular or pedestrian
traffic or other movement.
SIGN, FLASHING
Any sign which contains an intermittent or flashing light
source, or which includes the illusion of intermittent or flashing
light by means of animation, or an externally-mounted intermittent
light source. Automatic changing signs such as public service time,
temperature and date signs or electronically controlled message centers
are classed as "changeable signs" not "flashing signs."
SIGN, FLUTTERING
A sign which flutters and includes pennants, banners, non-official
governmental flags or other flexible material which moves with the
wind or by some artificial means.
SIGN, FREESTANDING
Any sign erected, constructed or maintained for the purpose
of indicating the name of the business, services, articles and products
offered on the same premises on which the sign is located when such
sign is supported by one (1) or more uprights, posts, poles or braces
placed upon or affixed in the ground and not attached to any building.
SIGN, GROUND
Any detached sign on the same lot or parcel for the purpose
of indicating the name of the business, service, article or product
offered, and which has its bottom portion erected upon or supported
by the ground, a ground planter box or other support.
SIGN, ILLUMINATED
Any sign designed to give forth artificial light or designed
to reflect the light from one (1) or more sources of artificial light
erected to provide light for the sign.
SIGN, INFLATABLE
A sign that is intended to be expanded by air or other gas
for its proper display or support
SIGN, NON-CONFORMING
A legal non-conforming sign is a sign, including the framework
and support, which was lawful when constructed, but has become non-conforming
as a result of an amendment to this Chapter. No legal non-conforming
sign shall be extended, enlarged or structurally altered; however,
non-structural alterations or modifications designed to improve the
appearance of the sign are permitted and encouraged.
SIGN, OFF-PREMISES
A sign or sign structure with a commercial message for an
establishment, merchandise, service, or entertainment which is not
located, sold, produced, manufactured or furnished at the location
on which the sign is located.
SIGN, OFFICIAL
A sign placed by a governmental body, governmental agency,
or public authority, such as traffic signs, signals, or regulatory
devices or warnings; official emblems, public notices, or official
instruments; signs of historical interest; signs designating areas
of architectural or historic significance or gateways; or other similar
signs or devices. Such signs are authorized within all rights-of-way
or other properties controlled by such governmental body, agency,
or authority.
SIGN, ON-SITE INFORMATIONAL
A sign located on a commercial, industrial, institutional,
governmental or other site which gives parking, fire protection, traffic
flow (other than directional signs), height clearance, pedestrian
or other similar information and which does not advertise the business
or use located on said site, except for drive-in restaurant menu signs
which are permitted.
SIGN, PORTABLE
A sign that is temporarily affixed to one (1) location, not
to exceed thirty (30) days, and which has the capability of being
moved from one (1) location to another.
SIGN, PROJECTING
A sign, other than a wall sign, which is attached to and
projects from a structure or building face. The area of double-faced
projecting signs are calculated on one (1) face of the sign only.
SIGN, ROOF
Any sign erected upon, against or directly above a roof or
on top of or above the parapet of a building.
SIGN, SNIPE
Any sign of a material such as cardboard, paper, pressed
wood, plastic or metal that is erected, placed, posted or otherwise
displayed on a fence, tree, utility pole, street sign or post, traffic
sign or post, street light poles, traffic signal poles or equipment
boxes, other public property or right-of-way, or temporary structure
or located within a public right-of-way, other than official signs
authorized by this Chapter.
SIGN, WALL
A sign attached to or erected against a wall of a building
with the face parallel to the building wall and extending not more
than one (1) foot therefrom including signs attached to a mansard
or similar decorative roof.
SLOPE
The degree of natural inclination of the existing ground
which is used as the basis for determining the hillsides.
STABLE, PRIVATE
An accessory building with capacity for not more than two
(2) horses, provided, however, that the capacity of a private stable
may be increased if the premises whereon such stable is located contains
an area of not less than three thousand (3,000) square feet for each
horse accommodated.
STABLE, PUBLIC
A stable other than a private stable as defined herein.
STABLE, RIDING
A structure and premises in which horses, ponies or mules,
used exclusively for pleasure riding or driving, are housed or kept
for remuneration, hire or sale.
STORAGE
The word storage, stored or store when used in this Chapter
shall mean the keeping of materials, equipment or products of the
following nature:
1.
In Residential Districts the keeping of building materials,
industrial equipment, semitrailer trucks, recreational vehicles and
equipment and similar items for a period of time longer than would
normally be involved in the day-to-day use or consumption of the same.
The keeping of motor vehicles, pickup trucks and similar vehicles
used for daily transportation by occupants of the premises; recreational
equipment and vehicles which are used one (1) or more times per month
for recreation purposes during the period of keeping on the premises;
and construction materials and equipment which are being used on construction
on the premises shall not be considered storage.
2.
In commercial and industrial districts the keeping of merchandise,
raw materials, products or equipment which are a necessary part of
the sales, manufacturing or other activity on the premises.
STORY
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above (also
see "Basement," "Building Height," "Grade Plane," and "Mezzanine").
It is measured as the vertical distance from top to top of two (2)
successive tiers of beams or finished floor surfaces and, for the
topmost story, from the top of the floor finish to the top of the
ceiling joists or, where there is not a ceiling, to the top of the
roof rafters.
STREET
A public thoroughfare or place which affords principal means
of access to property abutting thereon.
STREET CLASSIFICATIONS
HIGHWAYS — A street or road of great continuity
with either a signal roadway or a dual roadway which serves or is
intended to serve major traffic flow and is designated in the Comprehensive
Plan or is otherwise designated as a limited access highway or freeway,
highway, boulevard, parkway or other equivalent term to identify those
streets comprising the basic street system.
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MARGINAL ACCESS STREETS OR FRONTAGE ROADS —
A minor street which is generally parallel to or adjacent to a major
traffic thoroughfare, highway or railroad right-of-way and provides
access to abutting properties.
|
STREET, COLLECTOR — A street which carries
or is proposed to carry intermediate volumes of traffic from minor
streets to major streets, and which may or may not be continued.
|
STREET, MINOR — A street of limited continuity
used primarily for access to abutting properties, providing for minimum
speeds and traffic volumes.
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THOROUGHFARES — A street or road of considerable
continuity which serves or is intended to serve principal traffic
flow between separated areas or districts and which is in the main
means of access to the residential street or roadway system.
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STREET LINE
The dividing line between the street and the abutting property.
STREET PUBLIC
A right-of-way dedicated to the public for use as a principal
access to properties adjacent thereto, constructed in accordance with
accepted design standards and endorsed by the Planning Commission
and City Council.
STREET, PRIVATE
A right-of-way, owned and maintained by one (1) or more private
parties, which provides principal vehicular and pedestrian access
to adjacent properties.
STRUCTURAL ALTERATIONS
Any change in the supporting member of the building, such
as bearing walls, columns, beams or girders.
STRUCTURE
Anything erected, the use of which requires more or less
permanent location on the ground or attached to something having permanent
location on the ground, including, but without limitation to, buildings,
factories, sheds, parking lots, cabins, manufactured homes, mobile
homes and other similar uses.
SUBDIVIDER
Any person, firm, partnership, association, corporation,
estate or other group or combination acting as a unit, dividing or
proposing to divide land in a manner that constitutes a subdivision
as herein defined. The term "subdivider" shall include any agent of
any subdivider.
SUBDIVISION
The division of land into two (2) or more lots or parcels.
The term "subdivision" shall also include all re-subdivisions of land
or lots and combination of lots.
SUBDIVISION, MINOR
A division of land into two (2) but not more than four (4)
lots, which does not include any new streets, improvements, easements
or rights-of-way; a division of land in which each parcel is less
than five (5) acres in area and which does not include any new streets,
improvements, easements, rights-of-way, or other provisions for public
areas and facilities; the division of land held by a bona fide partnership
in existence for two (2) or more years upon dissolution thereof; a
division of land among the immediate members of a family for personal
use which does not include any new streets, improvements, easements
or rights-of-way.
TRAILER
A vehicle, other than a manufactured home, equipped with
wheels and normally towed over the road behind a motor vehicle.
TRANSITIONAL USE
A use intended to permit a more gradual change of the character
of uses at the boundaries of districts which have different use regulations
and which may be permitted by the Board of Zoning Adjustment.
TRANSPORTATION FACILITY
A facility certified by the Missouri Department of Health
and Senior Services to house operations involving the transport of
Marijuana product to or from a Marijuana Facility or Medical Marijuana
Facility; or to a qualifying patient, primary caregiver, or consumer.
[Ord. No. 2488, 7-23-2019; Ord. No. 2624, 9-12-2023]
UNITS
An area within a manufactured home park, court or camp of
not less than two thousand (2,000) square feet of unoccupied space
designated for the exclusive use of not more than one (1) automobile
and one (1) manufactured home.
USE — PERMITTED
Any building, structure, or use, which on the effective date
of this Chapter, complies with the applicable regulations governing
permitted uses in the Zoning District in which such building, structure,
or use is located.
USE — PRINCIPAL
The main use of land or building as distinguished from a
subordinate or accessory use.
USE
The purpose or activity for which the land or building thereon
is designed, arranged, or intended, or for which it is occupied or
maintained.
UTILITY BUILDING
A free standing accessory building in a Commercial or Industrial
District which houses secondary or incidental equipment or functions
of the principal use. Utility buildings are subject to all of the
Zoning and Building Code provisions of the Municipal Code of the City
of Richmond.
VARIANCE
The granting of permission of the Board of Zoning Adjustment
to allow the development of a lot or tract for uses allowed within
the zoning district in a manner which exceeds maximum limits or is
less than minimum limits established by these regulations and where
such limits prohibit use of the land in a manner equivalent to the
abutting similarly zoned properties.
YARD
Any open space located on the same lot with a building or
structure, unoccupied and unobstructed from the ground up, except
for any accessory buildings or projections as are permitted on the
lot.
YARD — REAR
The portion of the yard on the same lot with the principal
building and located between the rear line of the building and the
rear lot line extending for the full width of the lot.
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 front building line.
YARD, SIDE
A yard extending along each side of a lot between the front
yard line and the rear yard line and being the minimum horizontal
distance between the side lot line and side building line.