[Ord. No. 433 §42.010, 10-17-1991]
This Chapter shall be known and cited as "The Zoning Code of the City of Hollister."
[Ord. No. 433 §§42.020, 42.780, 10-17-1991; Ord. No. 94-25 §42.780(57), 6-16-1994; Ord. No. 94-41 §42.780(31), 9-1-1994; Ord. No. 99-05, 2-18-1999; Ord. No. 99-24, 5-6-1999; Ord. No. 99-55, 10-7-1999; Ord. No. 01-31, 7-5-2001; Ord. No. 02-16, 6-20-2002; Ord. No. 02-25, 7-18-2002; Ord. No. 02-37, 10-17-2002; Ord. No. 03-37, 8-21-2003; Ord. No. 03-54, 12-4-2003; Ord. No. 05-17, 7-7-2005; Ord. No. 05-30, 10-20-2005; Ord. No. 10-04, 2-18-2010; Ord. No. 10-06, 2-18-2010; Ord. No. 19-52, 9-19-2019]
A. 
The rules and definitions contained in this Section shall be observed and applied, except when the context clearly indicates otherwise.
B. 
Rules For Construction Of Language. The following rules of construction shall apply to the text:
1. 
The particular shall control the general.
2. 
In case of any difference of meaning or implication between the text and any caption or illustration, the text shall control.
3. 
Words used in the present term shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
4. 
The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," "occupied for."
C. 
Glossary Of Definitions.
ACCESSORY BUILDING OR USE
A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building. An "accessory use" includes, but is not limited to the following:
1. 
A children's playhouse, garden house and private greenhouse.
2. 
A civil defense shelter serving not more than two (2) families.
3. 
A garage, shed, or building for domestic storage.
4. 
Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by district regulations.
5. 
A nonpaying guest house or rooms for guests within an accessory building, provided such facilities are used for the occasional housing of guests of occupants of the principal building and not for permanent occupancy by others as housekeeping units.
6. 
Off-street motor vehicle parking areas and loading and unloading facilities.
ADULT
An individual over the age of eighteen (18).
ADULT DAY-CARE PROGRAM
A group program designed to provide care and supervision to meet the needs of functionally impaired adults for periods of less than twenty-four (24) hours but more than two (2) hours per day in a place other than the adult's own home.
ADULT MERCHANDISE ESTABLISHMENT
Any establishment where twenty-five percent (25%) or more of the gross public floor area, and/or twenty-five percent (25%) or more of the stock in trade is that which is offered for sale or rental and used or viewed solely off the establishment's premises, for any form of consideration; this includes visual representations, photographs, pictures, magazines, instruments, devices, or paraphernalia, distinguished or characterized by an emphasis in matter depicting, describing or relating to specified anatomical areas as herein defined or sexual conduct as defined in Chapter 215, Section 215.400.
ALLEY
A narrow service way providing a secondary public means of access to abutting properties and not more than twenty (20) feet wide.
ALTERATIONS
As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another, or by change in use from that of one district classification to another.
ALTERATIONS, STRUCTURAL
Any change in the supporting members of a building such as bearing walls, columns, beams or girders.
AMUSEMENT ESTABLISHMENT
A place that provides entertaining diversions for pecuniary profit.
APARTMENT
A room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit, and which contains complete kitchen, bath and toilet facilities, permanently installed.
APARTMENT HOUSE
A building arranged, intended or designed to be occupied by three (3) or more families living independently of each other.
AREA, BUILDING
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps.
AUTOMOBILE REPAIR, MAJOR
Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; and overall painting of vehicles.
AUTOMOBILE REPAIR, MINOR
Incidental repairs, replacement of parts and motor service to automobiles, but not including any operation specified under "automobile repair, major."
BASEMENT
That portion of a building which is partly or completely below grade. (See "story above grade.")
BED-AND-BREAKFAST
A building or premises where lodging with meals is provided for compensation and which has less than five (5) guest rooms.
BLOCK
That property abutting on one side of a street between the two (2) nearest intersecting streets or other natural barriers.
BOARDINGHOUSE
A building or premises where meals are served for compensation for five (5) or more persons, but not exceeding twelve (12) persons.
BUILDING
A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels or property.
BUILDING AREA
The maximum horizontal projected area of a building and its accessory buildings, excluding open steps, terraces and cornices projecting not more than thirty (30) inches.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the proposed, or existing, finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING, FRONT LINE OF
The roof line of the building nearest the front line of the lot. These lines include sun parlors and covered porches, whether enclosed or unenclosed, and includes steps.
CHILD-CARE FACILITY
A business in a house or other place conducted or maintained by any person who advertises as providing care for more than four (4) children during the daytime for compensation as defined in Chapter 210, RSMo. This general definition shall also include definitions set forth in State Department of Health Licensing Rules for Group Day Care Homes and Child Day Care Centers CSR 30-62.
CODE OFFICIAL
City Administrator or his/her designated representative.
COVERAGE
That percentage of the plot or lot area covered by the building area.
CRAWL SPACE
That area under a structure that does not meet the definition of a basement.
DISTRICT
A section of the City for which uniform regulations governing the use, height, area and intensity of use by buildings and land, and open spaces about buildings, are herein established.
DWELLING
A building designed or used exclusively as the living quarters for one (1) or more families that is built on site where the occupants will reside. This definition does not include "house trailers," "mobile homes," "manufactured homes" or "modular homes," as defined in this Section, or any type of recreational vehicle that is capable of use as living quarters.
DWELLING UNIT
A building or portion thereof providing complete housekeeping facilities for one (1) family.
DWELLING, DETACHED
A building designed or used exclusively as the living quarters for one (1) family that is built on the site where the occupants will reside. This definition does not include "house trailers," "mobile homes," "manufactured homes," or any type of recreational vehicle that is capable of use as living quarters. Modular homes, as defined in this Section, may be classified as dwellings under this definition and permitted as one-family dwellings.
DWELLING, MOBILE HOME
A transportable, single-family dwelling suitable for year-round living.
DWELLING, MULTIFAMILY
A dwelling or group of dwellings on one (1) plot containing separate living units for three (3) or more families, but which may have joint services or facilities, or both.
DWELLING, ROW
A dwelling, the walls on two (2) sides of which are in common with the walls of adjoining dwellings and are party or lot-line walls.
DWELLING, SINGLE-FAMILY
A detached building designed for or occupied exclusively by one (1) family and shall include, but not be limited to, any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.
DWELLING, TWO-FAMILY
A building designed for or occupied exclusively by two (2) families living independently of each other. May also be referred to as a "duplex."
FAMILY
An individual, or two (2) or more persons related by blood or marriage, or a group of not more than three (3) persons who need not be related by blood or marriage living together and subsisting in common as a single non-profit housekeeping unit utilizing only one (1) kitchen and shall include, but not be limited to, any private residence licensed by the Division of Family Services or Department of Mental Health to provide foster care to one (1) or more but less than seven (7) children who are unrelated to either foster parent by blood, marriage or adoption.
FLOOR AREA, GROSS
Gross floor area shall be the floor area within the perimeter of the outside walls of the building under consideration, without deduction for hallways, stairs, closets, thickness of walls, columns or other features. Gross floor area shall also include the area of any floor which is considered a story, balcony or mezzanines.
FRONTAGE
That portion of a property line which adjoins a street, highway, or road right-of-way.
GARAGE, COMMUNITY
A group of garages, one story in height, arranged in a row or surrounding a common means of access and erected for the use of adjacent property owners having no minor garage on their individual lots.
GARAGE, PRIVATE
An accessory building, housing no more than four (4) motor vehicles, the property of and for the use of the occupants of the lot on which the accessory building is located, without provisions for repairing, or servicing such vehicles for profit.
GARAGE, PUBLIC
Any garage other than a private garage, as defined in the latest adopted BOCA Building Code, Section 408.0.
GRANDFATHERED USE OR STRUCTURE
A non-conforming use or structure that is exempt from complying with the latest code requirements as long as the use is continuous. (See Section 400.190, Non-Conforming Land Uses and Buildings.)
GUESTROOM
A room that can be utilized for sleeping accommodations for transient guests.
HEIGHT
The vertical distance from the grade plane to the average height of the highest roof surface.
HOME OCCUPATION
An accessory use of a service character customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than a name plate not to exceed eight (8) square feet.
HOSPITAL
Unless otherwise specified, the term "hospital" should be deemed to include sanitarium, preventorium, clinic, rest home, nursing home, convalescent home or any other place for the diagnosis, treatment or other care of ailments, and should be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.
HOTEL
A building in which lodging is provided and offered to the public for compensation and in which ingress and egress to and from rooms is made through an inside lobby or office supervised by a person in charge at all hours, and which is open to transient guests, in contradistinction to a boardinghouse or lodging house.
LANDSCAPE BUFFER
A landscape buffer separates or screens one land use from another, reducing or eliminating objectionable sights, sounds or nuisances reaching from one land use to another.
LOADING SPACE
A space within the main building or on the same lot therewith providing for the standing, loading or unloading of trucks.
LOT
A parcel, tract or area of land accessible by means of a street or place. It may be a single parcel separately described in a deed or plat which is recorded in the office of the County Recorder, or it may include parts of or a combination of such parcels when adjacent to one another and used as one.
LOT COVERAGE
The percentage of the lot area covered by the building area.
LOT LINE, FRONT
In the case of an interior lot, a line separating the lot from the street or place; and in the case of a corner lot a line separating the narrowest frontage of the lot from the street.
LOT WIDTH
The dimension of a lot, measured between side and lot lines on the building line.
LOT, CORNER
A lot at the junction of and having frontage on two (2) or more intersecting streets.
LOT, DEPTH OF
The mean horizontal distance between the front lot line and the rear lot line, measured in the general direction of the side lot lines.
LOT, INTERIOR
A lot other than a corner lot or through lot.
LOT, THROUGH
A lot having frontage on two (2) parallel or approximately parallel streets and which is not a corner lot.
MANUFACTURED HOME
A factory-built structure or structures manufactured after June 15, 1976, meeting HUD standards for manufactured housing that in the traveling mode is nine (9) body feet or more in width or forty (40) feet or more in length or, when erected on site, contains three hundred sixty (360) or more square feet and made to be readily movable as a unit or units on their own running gear and designed to be used as a dwelling unit.
MOBILE HOME
A factory-built structure manufactured before June 15, 1976, and certified for compliance with the Standard for Mobile Homes, NFPA 501, designed to be used as a dwelling unit that in the traveling mode is nine (9) body feet or more in width or forty (40) feet or more in length or, when erected on site, contains three hundred sixty (360) or more square feet and made to be readily movable as a unit or units on their own running gear.
MODULAR HOME
A structure that is constructed of modules, sections, panels or units that are built elsewhere and not assembled into a whole building until they are delivered to the site. When erected on site, the structure is not designed to use the chassis or hauling mechanism as part of the support framing and must be supported by a perimeter foundation wall. A modular home will be designed to meet the requirements of the adopted International Residential Code or equivalent.
MOTEL
A building or premises where lodging is provided for compensation and which has five (5) or more guest rooms.
NET SITE AREA
That area, in the case of a community unit plan, not occupied by rights-of-way.
NIGHTLY RENTAL
A building or portion thereof built or renovated for the purpose, in which sleeping accommodation is available for four (4) or fewer guestrooms, for legal consideration, for a term less than thirty (30) consecutive days.
NIGHTLY RENTAL OCCUPANT LOAD
The occupant load for any nightly rental unit shall be calculated at one (1) occupant per two hundred (200) gross square feet or fraction thereof plus one (1) person.
NON-CONFORMING USE
A building or use of land that does not conform to the regulations for the district in which it is situated.
NURSERY SCHOOL
A school designed to provide daytime care or instruction for five (5) or more children from two (2) to five (5) years of age inclusive.
OFF-PREMISES CONTACTS (OPC) LOCATED INSIDE A BUILDING
OPCs are businesses that set up booths or spaces within other (usually retail) businesses to establish contacts with potential customers for a business that is not on the same premises as the booth or contact point.
PARKING SPACE
An off-street space available for the parking of one (1) motor vehicle, and having a dimension of nine (9) feet by twenty (20) feet for parallel parking spaces, nine (9) feet by eighteen (18) feet for ninety-degree head-in parking, eleven (11) feet by eighteen (18) feet for forty-five-degree angle parking and ten (10) feet by eighteen (18) feet for sixty-degree angle parking.
SERVICE STATION
A building, buildings, premises or portions thereof which are used or arranged, designed, or intended to be used for the retail sale of gasoline or other motor vehicle, motor boat or aircraft fuels.
SETBACK
An open area of land between the legal property line and the nearest point of vertical construction, including any cantilevered areas, balcony, porch or deck attached or unattached to the building.
SPECIFIED ANATOMICAL AREAS
Less than completely and opaquely covered human genitals, pubic regions, buttock, and female breast below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
STABLE
Any building, structure, or portion thereof which is used in whole or in part for the shelter or care of horses, cattle or other similar animals, either permanently or transiently.
STORY ABOVE GRADE
That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above, provided there is a minimum height of seven (7) feet, six (6) inches.
STREET
A public or private way which affords the principal means of access to abutting properties.
STREET GRADE
The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grades of the street should be taken as the street grade.
STRUCTURE
That which is built or constructed or a portion thereof.
SUBDIVISION RESTRICTIONS
A covenant running with the land or a subdivision restriction will in all cases control the use of the land that is "burdened" by the restriction. Normally the restriction in a subdivision may be changed by the vote of the landowners that are subject to the subdivision restriction.
TOWNHOUSE
Single-family home that shares one or more walls with other independently owned units. They are often rows of uniform homes, two stories or taller. Residents own their interior and exterior walls, lawn and roof, as well as the insurance on both their home and property.
USE
The specific purpose for which land on a structure is designed to be used.
YARD
A space on the same lot with a principal building, open, unoccupied, and unobstructed by structures, except as otherwise provided.
YARD, FRONT
A yard extending across the full width of the lot, between the structure and the street, which complies with the setback requirements.
YARD, REAR
A yard extending across the full width of the lot between the rear of the structure and the rear lot line which complies with the setback requirements.
YARD, SIDE
A yard between the structure and the side lot line which complies with the setback requirements.