City of Owensville, MO
Gasconade County
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Table of Contents
Table of Contents

Section 400.010 Short Title.

[Ord. No. 1161 §1, 11-18-2013[1]]
This Chapter shall be known as "The Zoning Ordinance of Owensville, Missouri", and may be cited as the "Zoning Ordinance."
[1]
Editor's Note: Section 1 of this ordinance also repealed former Ch. 400, Zoning Regulations, as adopted and amended by Ord. No. 591 §1 — 5, 3-16-1998; Ord. No. 605, 7-6-1998; Ord. No. 641, 7-6-1999; Ord. No. 648 §1 — 3, 9-7-1999; Ord. No. 649, 9-7-1999; Ord. No. 707, 7-2-2001; Ord. No. 831, 2-7-2005; Ord. No. 832, 2-7-2005; Ord. No. 835, 3-21-2005; Ord. No. 879, 4-3-2006; Ord. No. 931, 10-16-2006; Ord. No. 944, 2-20-2007; Ord. No. 953, 5-21-2007; Ord. No. 962 §1 — 2, 8-20-2007; Ord. No. 980, 4-21-2008; Ord. No. 982, 6-2-2008; Ord. No. 1076 §1 — 2, 12-10-2010; Ord. No. 1129, 9-4-2012.

Section 400.020 Purpose.

[Ord. No. 1161 §1, 11-18-2013]
A. 
This Chapter is enacted pursuant to State law for the purpose of regulating and controlling the zoning and use of land and buildings within the City of Owensville in order to promote health, safety, morals, comfort, and general welfare; to secure economic and coordinated land use; and to facilitate the adequate provision of public improvements. These regulations are specifically designed to:
1. 
Reflect and implement the goals and objectives of the Comprehensive Plan;
2. 
Preserve and protect property values throughout the City and promote their orderly and beneficial development;
3. 
Provide privacy and convenient access to property;
4. 
Regulate the intensity of land use and establish open areas surrounding buildings and structures necessary to provide adequate light and ventilation and to protect public health and safety;
5. 
Regulate and limit the height of buildings and structures;
6. 
Divide the City into zoning districts and establish, by reference, a map showing the boundaries of such districts;
7. 
Establish reasonable standards to which land, buildings, structures and their uses must conform;
8. 
Prohibit uses, buildings or structures which are incompatible with the character of development, uses, buildings, or structures permitted within specified zoning districts;
9. 
Prevent illegal additions or alterations to existing buildings or structures;
10. 
Protect against fire, explosion, noxious fumes and odor, heat, dust, smoke, glare, noise, vibration, radioactivity and other nuisances and hazards to the public health, safety and general welfare;
11. 
Prevent overcrowding of land and lessen or avoid congestion in public streets and rights-of-way by regulating the use and bulk of buildings in relation to surrounding land use(s) and roadways;
12. 
Protect the natural environment of the community and its unique assets of trees, watercourses, stormwater control, and topography;
13. 
Protect existing public and private property from impacts associated with development;
14. 
Provide for the continuation of non-conforming uses as required by law;
15. 
Designate and define the powers and duties of the officials administering and enforcing this Chapter; and
16. 
Provide penalties for the violation of this Chapter.

Section 400.030 Validity; Severability.

[Ord. No. 1161 §1, 11-18-2013]
The provisions of this Chapter are hereby declared to be severable. If any Section, paragraph, sentence, or clause of this Chapter shall be held invalid, the invalidity of such Section, paragraph, sentence, or clause shall not affect the validity of the remainder of said Chapter.

Section 400.040 Vested Rights.

[Ord. No. 1161 §1, 11-18-2013]
A. 
For the purpose of single-family residential development in the City's residential districts, development rights for the approved use of land shall vest upon approval by the Administrative Official pursuant to Section 400.630 and recording the final plat for such land with the County Recorder of Deeds. If construction has not begun within one (1) year of recording the plat, the development rights shall expire unless an extension is granted.
B. 
For all non-single-family development, development rights for the approved use of land shall vest upon approval of a final development plan pursuant to Section 400.630. If all permits required for such development have not been issued and the completion of substantial amounts of work under the validly issued permits has not begun within one (1) year of approval of the site plan, the development rights shall expire unless an extension is granted.
C. 
The Planning Commission may for good cause as presented by the applicant grant a single extension of vested rights. Vested rights for single-family development shall not be extended for more than one (1) year. For all non-single-family development, an extension of not more than six (6) months may be granted. Applicants seeking an extension shall submit a statement in writing, justifying the extension. In considering an extension, the Planning Commission shall consider the following factors, as well as other relevant considerations:
1. 
Undue or unnecessary hardship placed upon the property owner;
2. 
The extent to which the current regulations would hinder the ability to complete development;
3. 
Unanticipated conditions which have prevented completion of the project; and
4. 
Conformance with the general spirit and intent of the zoning and subdivision regulations.[1]
Nothing in this Subsection shall be construed to confer any development rights beyond those shown on approved plans submitted to the City or otherwise authorized by applicable zoning and subdivision regulations.
[1]
Editor's Note: See Ch. 405, Subdivision Regulations.

Section 400.050 Rules of Construction.

[Ord. No. 1161 §1, 11-18-2013]
A. 
Definitions And Usage. For the purposes of this Chapter, all words and terms used in this Chapter are limited to the meanings given to them by this Section or as specifically provided in another Section of this Chapter. Words or terms that are not defined shall be given their common dictionary definition. Unless the context clearly indicates to the contrary, the following interpretations apply:
1. 
Words used in the present tense shall include the future tense.
2. 
Words used in the singular shall include the plural, and words used in the plural shall include the singular.
3. 
The word "shall" is mandatory.
4. 
The word "may" is permissive.
5. 
Unless otherwise specified, all distances shall be measured horizontally.
6. 
The word "City" means the City of Owensville Missouri.
B. 
Definitions In Other Chapters. If a word or term is not defined in this Section but is defined elsewhere in this Chapter or in the Owensville Municipal Code, that definition shall be applicable unless the context indicates that a standard dictionary definition is more appropriate.

Section 400.060 Definitions.

[Ord. No. 1161 §1, 11-18-2013]
The following definitions shall apply in the interpretation and enforcement of this Chapter, unless otherwise specifically stated:
ACCESSORY BUILDING
A subordinate building or portion of the main building, the use of which is customarily incidental to that of the main building.
ACCESSORY USE
A use customarily incidental to the principal use of a building site or to a building and located upon the same building site with the accessory use.
ADULT ENTERTAINMENT USE
An establishment consisting of, including or having the characteristics of any or all of the following:
1. 
An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, publications, videos or sexually oriented toys, novelties or relationship aids that are distinguished or characterized by the emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
2. 
An establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
3. 
An enclosed building with a capacity of less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
4. 
An enclosed building with a capacity for fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
5. 
Any building, structure or facility which contains or is used for commercial entertainment, where the patron directly or indirectly is charged a fee to observe specified anatomical areas, provided that the genitals and pubic areas of all persons and the areola and nipple of the breast of all female persons are opaquely covered. "Specified anatomical areas" shall include:
a. 
Less than completely or opaquely covered human genitals, pubic region, buttocks or female breast area below the point immediately above the top of the areola; and
b. 
Human male genitals in a discernibly turgid state even if completely and opaquely covered.
ALLEY
A minor public thoroughfare which affords only a secondary means of access to abutting property.
AUTOMOTIVE (CAR) SALES
An open area, other than a street or alley, used for the display, sale or lease of new or used motor vehicles and where no repair work is done except minor incidental repair of such motor vehicles to be displayed, sold or leased on the premises.
AUTOMOTIVE (CAR) WASH
A building or portion thereof containing facilities for washing, waxing, drying, polishing or vacuuming private automobiles, light trucks and vans, but not commercial fleets. For purposes of this Chapter, coin-operated devices operated on a self-serve basis shall be construed to be the same.
AUTOMOTIVE FILLING STATION (CONVENIENCE STORE)
Any structure or premises used for dispensing or sale, at retail, of vehicle fuels or lubricants, including alternative fuel sources where the retail sale of convenience items are also sold, unless otherwise prohibited in this Chapter.
AUTOMOTIVE PARTS AND SUPPLY STORE
An establishment or place of business primarily engaged in the sale of merchandise that is associated with the use, repair or upkeep of automobiles, including service and installation, but excluding automotive repair shops.
AUTOMOTIVE REPAIR SHOP
An establishment or place of business primarily engaged in the repair of automobiles or other motorized vehicles, or the installation or repair of equipment or parts on motorized vehicles such as mufflers, brakes, tires, transmissions, glass, and engines or engine parts, but excluding dismantling or salvage. Automotive repair shops also include:
1. 
The use of a building or premises for the repair of automotive bodies and/or major mechanical works, straightening of body parts, painting, welding, or storage of automobiles not in operable condition.
2. 
An establishment or place of business primarily engaged in the sale of tires and services relating to the repair or purchase of tires for automobiles.
AUTOMOTIVE SERVICE STATION
An establishment or place of business primarily engaged in the lubrication of vehicles and replacement or installation of minor parts and accessories. Such use shall include establishments that provide express oil changes, and sell at retail. Filling stations do not include uses primarily engaged in major repair work such as engine replacement, body and fender repair, or spray painting; for such uses see "automotive repair shop."
BAR, TAVERN or LOUNGE
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- and State-approved liquor license, including taverns, bars, cocktail lounges, and similar uses in which over fifty percent (50%) of the total revenue is generated from alcoholic beverages.
BASEMENT
That portion of a building which is partly or completely below grade.
BED-AND-BREAKFAST
An establishment or place of business that is a private, owner-occupied residence with one (1) to five (5) guest rooms in which lodging and meals are provided for time-limited durations to not more than five (5) groups of patrons in a twenty-four-hour period.
BOARDINGHOUSE (GROUP HOME)
A building, other than a hotel, where, for compensation and by prearrangement for definite periods, meals and/or lodging are provided for a minimum of three (3) but not more than fifteen (15) persons, but not for the public or transients. The classification shall include a single-family dwelling or single-family residence where eight (8) or fewer unrelated mentally or physically handicapped persons reside plus no more than two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally retarded or physically handicapped persons residing therein, provided that the exterior appearance of such home and property be in reasonable conformance with the general neighborhood standards prevailing in the immediate area, and further provided, that there may be no more than one (1) such home on either side of a street within any City block. All uses shall comply with RSMo. Section 89.020. See also "foster care home."
BOARD OF ADJUSTMENT
A local body, appointed by the Mayor and approved by the Board of Aldermen, charged with hearing appeals and authorizing variances to the requirements of this Chapter.
BUFFER
An area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural vegetation or created by the use of trees, shrubs, fences, and/or berms, designed to limit continuously the view of and/or sound from the site to adjacent sites or properties.
BUILDING
A structure that is permanently affixed to the land, has one (1) or more floors, one (1) or more exterior walls, and a roof, and is designed or intended for use as a shelter, but a building shall not include any vehicle, trailer (with or without wheels), nor any movable device such as furniture, machinery or equipment. The word "building" shall include the word "structure" and vice versa.
BUILDING, HEIGHT OF
The vertical distance from the grade (elevation of the curb, sidewalk or average elevation of the ground around the structure) to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or the mean height level between eaves and ridge for gable, hip or gambrel roofs.
BUSINESS OR VOCATIONAL SCHOOL
A specialized instructional establishment that provides on-site training of business, commercial, and/or trade skills such as accounting, data processing, and repair. This classification excludes establishments providing training in an activity that is not otherwise permitted in the zoning district. Incidental instructional services in conjunction with other primary use shall not be considered a business or vocational school.
CATERING SERVICE
An establishment engaged in the preparation of food and beverages for consumption at another location. Catering shall not include the manufacturing of food as defined in "food/bakery product manufacturing."
CEMETERY; CREMATORY; MAUSOLEUM
Land used or intended to be used for burial or cremation of the dead, whether human or animal, including a mausoleum or columbarium.
CLINIC (MEDICAL; DENTAL; OUTPATIENT)
The practice of medicine or dentistry for humans, including assistants and laboratories, but not including inpatient care or operating rooms for major surgery.
CLUB; CIVIC OR FRATERNAL ORGANIZATION
A membership association composed of persons who are bona fide dues-paying members and to whom (and their guests) use of facilities owned or leased by the association is generally restricted. Such definition shall include buildings owned or operated by a person, for a social, educational, or recreational purpose, but not primarily for profit and not primarily to render a service that is customarily carried on as a business. This definition shall include organizations such as the American Legion, Masonic Lodge and Veterans of Foreign Wars.
COMMISSION
The Planning and Zoning Commission of the City of Owensville.
COMPREHENSIVE PLAN
The plan or any portion thereof, adopted by the Planning Commission pursuant to RSMo. Chapter 89 for the coordinated development of the City.
DAY-CARE (CHILD), COMMERCIAL
An establishment used for the purpose of a day-care center, day nursery, nursery school, day school, kindergarten (not connected with a school as defined herein) or similar use which constitutes the normal care of more than five (5) physically and mentally sound children. Child-care facilities shall meet all requirements and specifications of the Division of Health and other State or local agencies having jurisdiction over child-care facilities.
DAY-CARE (CHILD), RESIDENTIAL
A day-care establishment conducted in a private residence that provides care, protection and supervision for five (5) to ten (10) individuals at any one time, excluding those persons related to and residing in the home of the day-care provider. A use that provides care, protection and supervision for individuals on a regular basis away from their primary residence for less than twenty-four (24) hours per day. Residential day-care facilities shall meet all requirements and specifications of the Division of Health and other State or local agencies having jurisdiction over child-care facilities.
DRY-CLEANING AND LAUNDRY PICKUP
An establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry without the maintenance or operation of any laundry or dry-cleaning equipment or machinery on the premises.
DRY-CLEANING PLANT
An establishment intended to be used for cleaning fabrics, textiles, apparel, or articles of any sort by immersion and agitation in volatile solvents and the processes incidental thereto.
DWELLING
Any building or portion thereof used exclusively for human habitation, except hotels, motels, dormitories, house trailers, or boardinghouses. The term "single-family dwelling" as used in this Zoning Ordinance shall include any residential home, foster-care home, or any similar home or residence as required by State law. The following terms associated with dwelling shall have the following meanings:
1. 
A dwelling located above the first floor of a non-residential use such as a store or office.
2. 
A room or suite of rooms within a building arranged, intended or designed for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.
3. 
A dwelling situated on one lot occupied exclusively by two families, respectively, in separate dwelling units living independently of each other.
4. 
Single-family dwellings sharing a common wall but situated on separate lots each with a private exterior entrance designed to be occupied exclusively by separate families with no other dwelling unit located above or below another.
5. 
A dwelling situated on one lot designed to be occupied exclusively by one family.
6. 
A group of three (3) or more dwellings situated on one lot occupied by families in separate dwelling units living independently of each other.
The following illustrations are intended to demonstrate some of the above terms
DWELLING UNIT
A room or group of rooms within a dwelling and forming a single habitable unit with facilities for living, sleeping and cooking.
FAMILY
One (1) or more persons who are related by blood, marriage, or adoption (including foster care), living together and occupying a single housekeeping unit with single kitchen facilities, or a group of not more than three (3) persons living together by joint agreement occupying a single housekeeping unit with single kitchen facilities, on a non-profit cost-sharing basis, subject to any exceptions as may be required by law.
FARMERS MARKET
The offering for sale of fresh agricultural products directly to the consumer at an open-air market designated and approved by the City as a seasonal or temporary use.
FENCE
A barrier constructed of man-made or natural materials, intended to maintain privacy and/or to prevent intrusion upon the property.
FINANCIAL SERVICES
An office, establishment or business that primarily performs central banking functions and accepts deposits and lends funds from these deposits. Such establishment may include these services to patrons and customers through an accessory drive-through, when permitted pursuant to Section 400.640. Uses include banks; savings associations; savings and loan institutions; investment banking; brokerages for securities or commodities; credit reporting services; certified financial planning; accounting; auditing; bookkeeping; credit service offices, including credit unions; holding and investment services; savings and loan association offices; and consumer and mercantile credit-reporting services. Financial services does not include pawnshops, businesses primarily engaged in check cashing or issuing money orders, or title loan establishments or other businesses offering short-term consumer loans secured by personal property, certificates of title to such property, estimated tax refunds or other such collateral (all of which are prohibited money-changing/money-brokering uses). (See also "payday loan establishments.")
FLEA MARKET
Any person or aggregation, congregation or assembly of vendors, whether professional or non-professional, that offers for sale, trade or barter any goods permitted by law, regardless whether they are new, used, antique or handmade; and where offered for sale in open air areas, buildings or temporary structures.
FLOOR AREA
The sum of the gross horizontal areas of all floors of a building measured from the exterior faces of the exterior walls or from the center line of walls separating buildings, but not including cellar or basement space not used for business or commerce.
FOSTER-CARE HOME
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. See also "boardinghouse."
FRONTAGE
All the property on one side of a street between two (2) intersecting streets (crossing or terminating), measured along the line of the street or, if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.
GARAGE, PRIVATE
An accessory building used only for the housing of motor vehicles, owned and used by occupants of the building to which it is accessory.
HEALTH CLUB or FITNESS CENTER
A business that provides facilities for aerobic exercises, such as running and jogging tracks, exercise equipment, game courts, gymnasium, or swimming facilities.
HOME OCCUPATION
An accessory use conducted entirely within a dwelling unit as an economic enterprise or for financial gain by members of the household residing therein that is clearly incidental and secondary to the use of the dwelling unit for residential purposes.
HOSPITAL
An institution providing medical and surgical care for humans only, for both in- and outpatients, including medical service, training, and research facilities.
HOTEL
A place where sleeping accommodations are provided for pay or compensation by transient guests for periods of not more than twenty-eight (28) consecutive days; and having more than five (5) bedrooms which are furnished, used and maintained for the accommodation of such guests.
HOTEL, EXTENDED-STAY
A commercial land use regularly providing shelter in a building or portion thereof in which access is provided through a common entrance, lobby or hallway and which contains six (6) or more guest rooms. Occupants may stay for periods of twenty-eight (28) or fewer days or longer than twenty-eight (28) days subject to payment of a transient occupancy tax ("TOT") as determined and established by the governing body at the time of development review. An extended-stay hotel is an operating business that is intended for individuals who may need to stay for twenty-eight (28) days or more, but intend their occupancy to be temporary; that is, they shall maintain a permanent place of residence elsewhere.
INDUSTRIAL USE, HEAVY
A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using, flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. Such uses include asphalt plants; oil and gas production; manufacture of cement, lime, gypsum and plaster of paris, chemicals and allied products, fabricated metal products, rubber and plastics products, stone, clay, glass and concrete products, and transportation equipment.
INDUSTRIAL USE, LIGHT
A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental indoor storage, sales and distribution of such products, but excluding basic industrial processing as described in the definition of "heavy industrial use."
INFILL DEVELOPMENT
Construction on an existing lot on an existing street in an existing neighborhood or developed area.
INSTITUTION
A building occupied by a non-profit corporation or a non-profit establishment for public use.
KENNEL
Any place where more than four (4) cats and/or dogs over the age of six (6) months are kept.
LIQUOR STORE
An establishment or place of business primarily engaged in retail sale for consumption off the premises of alcoholic beverages. Uses include liquor stores, bottle shops, or any licensed sales of liquor, beer or wine for off-site consumption.
LOADING SPACE
A space within the main building or on the same lot, providing for the standing, loading or unloading of trucks, having a minimum dimension of ten (10) feet by twenty-five (25) feet and a vertical clearance of at least fourteen (14) feet.
LOT
A platted parcel of land occupied or intended for occupancy by a use permitted in this Chapter.
LOT, CORNER
A lot abutting upon two (2) intersecting streets at their intersection.
LOT, DEPTH OF
The mean horizontal distance between the front and rear lot line.
LOT LINES (PROPERTY LINES)
The lines bounding a lot as defined below.
1. 
The boundary between a lot and the street on which it fronts. (For clarification of the front lot line location, see the illustration below.)
2. 
Any lot line that is not a front lot line or a side lot line. (For clarification of the rear lot line location, see the illustration below.)
3. 
Any lot line connecting a front and rear lot line. (For clarification of the side lot line location, see the illustration below.)
LOT OF RECORD
A lot or parcel of land, the deed to which has been recorded in the office of the Recorder of Deeds of Gasconade County.
LOT WIDTH
The mean horizontal distance measured at right angles to its depth.
Lot Types and Setbacks
MANUFACTURED HOME
A structure which bears a seal indicating compliance with the Federal manufactured home construction and safety standards established pursuant to 42 U.S.C. § 5401, and constructed on or after June 15, 1976. The following illustration is intended to demonstrate a typical manufactured home.
Manufactured Home
Residential Character:
Architectural Details:
Manufactured Home Features:
Pitched roof
Permanent foundation
Factory built
Covered entry
Covered entry
Horizontal lap siding
Landscaping
Window elements
MASSAGE PARLOR
An establishment that is not licensed by the State of Missouri as a massage therapy establishment and that provides baths and body massages or either of them. Nothing herein contained shall apply to a licensed massage therapist or an establishment where massage therapy is practiced, including an accredited college, certified to operate in Missouri by the Coordinating Board of Higher Education, from offering a massage therapy course of study in which its students and employees may give body massages as a required part of a college's curriculum or State requirement, provided that the percentage of students taking the course is not more than thirty-three percent (33%) of the entire enrollment of the college. A massage parlor shall also include the term "bath house."
MASSAGE THERAPY ESTABLISHMENT
An establishment licensed by the State of Missouri that offers therapeutic massage as defined in Chapter 329, RSMo., as amended. The definition does not include establishments that offer illicit sexual services under the guise of therapeutic massage; see also Massage Parlor.
MOBILE HOME
A transportable, factory-built structure designed to be used as a single dwelling unit that was manufactured prior to June 15, 1976, and that does not bear a seal as provided by the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401).
MODULAR HOME
A manufactured residential structure built to the standards published by the Building Officials and Code Administrators International, Inc. (BOCA) or the International Conference of Building Officials (ICBO) and certified at the factory for compliance with said standards. A modular home shall have exterior structure materials and appearance similar to the customary single-family structures and shall be permanently situated on a concrete foundation.
Modular Home
Residential Character:
Architectural Details:
Permanent Features:
Pitched roof
Eave projection
Walkway and stairs
Covered entry
Change in massing
Formal landscaping
Enclosed garage
Ornamental windows
Footings and foundation
MULTIGENERATIONAL HOUSEHOLD
Households consisting of two (2) generations of adults related by blood where second kitchens are permitted, provided the dwelling is not sectioned off into two (2) separate living quarters like a duplex.
NIGHTCLUB
A place of entertainment open at night having a floor show and/or providing music and space for dancing and where liquor is sold to be consumed on the premises, but not including restaurants where the principal business is serving food. The facility shall be duly approved and licensed as required by applicable State and local regulations.
NON-CONFORMING LAND USE OR STRUCTURE
A land use or structure which existed lawfully on the date this Zoning Ordinance or any amendment thereto became effective and which fails to conform to one (1) or more of the applicable regulations in the Zoning Ordinance or amendment thereto.
NON-CONFORMING LOT
A lot of record that existed lawfully whether by variance or otherwise, on the effective date of the adoption of this Chapter or any amendment thereto, but because of such adoption or amendment of this Chapter fails to conform to the applicable area, width, depth or other regulations related to lot dimension of this Chapter as amended.
NUISANCE
An unreasonable interference with the enjoyment or use of property.
NURSING HOME
A home for the aged, chronically ill or incurable persons in which three (3) or more persons not of the immediate family are received, kept and provided with food, shelter and care, for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis, treatment or care of the sick or injured.
OFFICE
A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.
OPEN STORAGE
Storage of material or goods on the ground outside of a building.
OUTDOOR DISPLAY AREA
A portion of a 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.
PARKING LOT, ACCESSORY USE
A tract of land used for the temporary parking (one (1) day or less) of motor vehicles as an accessory use. Accessory parking lots shall be limited to storing only the vehicles associated with the principal use they serve, unless a shared parking agreement is approved by the Board. Parking lots must be paved with asphaltic concrete, Portland cement concrete or other approved material.
PARKING LOT, PRINCIPAL USE
A tract of land which is used for the storage of motor vehicles and is not accessory to any other use on the same or any other lot, and containing parking space rented to the general public or reserved for individuals by the hour, day, week or month. Parking lots must be paved with asphaltic concrete, Portland cement concrete or other approved material.
PARKING SPACE
An area surfaced with asphaltic concrete, Portland cement concrete or other approved material, properly graded for drainage, enclosed in the main building or in an accessory building, or an unenclosed area providing a parking space for one (1) motor vehicle (nine (9) feet wide by nineteen (19) feet deep) and which is located on the same lot as the building or use it is intended to serve.
PAWNBROKER or PAWNSHOP
An establishment or individual or business entity which lends money on the deposit or pledge of physically delivered personal property, other than property the ownership of which is subject to a legal dispute, securities, printed evidence of indebtedness or printed evidence of ownership of the personal property, or who deals in the purchase of such property on the condition of selling the property back again at a stipulated price, shall be held and is hereby declared and defined to be a pawnbroker. The business of a pawnbroker does not include the lending of money on deposit or pledge of title to property.
PAYDAY-LOAN ESTABLISHMENT
An establishment that engages in transactions in which a short-term cash advance is made to a consumer in exchange for a customer's postdated check in the amount of the advance plus a fee, or in exchange for a consumer's authorization to debit a transaction account in the amount of the advance plus a fee at a designated future date. Uses include check cashing stores. The classification does not include a State or Federally chartered bank, savings association, credit union, or industrial land company. Further, this classification does not include establishments selling consumer goods where the cashing of checks or money orders is incidental to the main purpose of the business.
RENEWABLE ENERGY SYSTEMS
Equipment and appurtenances used in the production of energy through the conversion of sun and wind energy which includes solar energy and wind energy systems.
1. 
A renewable energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building which contributes to the design of the building, including, but not limited to, photovoltaic or hot-water solar systems contained within roofing materials, windows, skylights and awnings.
2. 
A solar energy system affixed to either a principal or accessory structure on a lot.
3. 
A solar energy system that is not attached to another structure and is affixed to the ground.
4. 
A wind energy system that is not attached to another structure and is affixed to the ground with a monopole tower.
5. 
A wind energy system affixed to the roof of a principal or accessory structure on a lot.
6. 
The component of a solar energy system containing the flat plate or tube or other devices that absorb energy from the sun when exposed to sunlight.
7. 
The solar energy collectors, electronics, disconnects, valves, and other appurtenances associated with a solar energy system.
8. 
A building- or ground-mounted photovoltaic, hot air, or hot water collector device or other type of energy system which relies upon solar radiation as the source for the generation of electricity or transfer of stored heat.
9. 
A wind energy conversion system consisting of a wind turbine, freestanding or attached to a structure, and associated control or conversion electronics; provided, however, that wind energy systems in the City shall be limited to those which have a rated capacity of ten (10) kilowatts or less and are used for on-site consumption.
10. 
The blades and associated components mounted on top of a tower whose purpose is to convert kinetic energy of the wind into rotational energy used to generate electricity.
RETAIL SALES AND SERVICES
A business offering the sale of commodities and services directly to customers, when such commodities and services are used or consumed by the customer and not purchased primarily for the purpose of resale. Retail sales and services shall include the following uses;
1. 
General merchandise retail stores, limited to:
a. 
Department stores;
b. 
Specialty stores;
c. 
Dry goods stores; and
d. 
Limited price variety stores.
2. 
Food merchandise retail stores, limited to:
a. 
Bakeries, non-manufacturing, except for retail sale upon the premises only;
b. 
Candy and confectionery shops;
c. 
Dairy product markets;
d. 
Delicatessens;
e. 
Fruit and vegetable markets;
f. 
Grocery stores (excluding convenience stores);
g. 
Health food stores;
h. 
Meat, fish, seafood and poultry markets.
3. 
Furniture and home furnishing retail stores, limited to:
a. 
China, glassware and metalware stores;
b. 
Draperies, curtains and upholstery stores, including custom-made service, and supplies;
c. 
Floor covering and carpetstores, including installation and cleaning service;
d. 
Furniture stores, including repair and service;
e. 
Household appliance stores, including repair and service;
f. 
Interior decorators' service stores or offices, excluding fabrication shops;
g. 
Lamp and mirror stores;
h. 
Musical instrument stores, including repair and tuning service, and supplies;
i. 
Office furniture and supplies stores, including service, repair, supplies, and equipment; and
j. 
Radio, television, computer, and audio and video recorder stores, including parts, repair, service, and supplies.
4. 
Apparel and accessories, retail stores and shops, limited to:
a. 
Apparel accessory shops;
b. 
Clothing stores;
c. 
Custom tailoring and dressmaking shops;
d. 
Clothing rental stores;
e. 
Jewelry and lapidary shops; and
f. 
Shoe stores.
5. 
Miscellaneous retail sales and service stores and shops, limited to and including the offering for retail sale any of the following commodities:
a. 
Art articles and artists' supply stores;
b. 
Auction halls, secondhand merchandise stores, and antique shops;
c. 
Barber shop, salon, spa, beauty shop. (See also "barber shop, salon, spa or beauty shop.")
d. 
Books, magazines, newspapers, greeting cards, and stationery (including letterhead and business card printing) stores; camera and photographic supply shops, including optical goods;
e. 
Coin and stamp stores;
f. 
Equipment rental stores (excluding motor vehicle and trailer rental);
g. 
Florists;
h. 
Gift, novelty, curio, and souvenir shops;
i. 
Hardware, nurseries, lawn and garden equipment and supply stores;
j. 
Hobby and craft shops, including, but not limited to, trophies and engraving, woodworking, taxidermists, gunsmiths and bicycles;
k. 
Leather and luggage retail shops;
l. 
Locksmith;
m. 
Newspaper distribution and delivery stations;
n. 
Pet shops, retail;
o. 
Pharmacies, including, but not limited to, retailing of toiletries, notions, and sundries;
p. 
Sporting goods shops; or
q. 
Tobacco shops.
SALVAGE YARD
An area for the dismantling, storage, and sale of inoperative, obsolete or wrecked motor vehicles, trailers, and their parts.
SANITARY LANDFILL
A type of operation in which refuse and earth or other suitable cover material are deposited in alternate layers of specified depth in accordance with a definite plan on a specified portion of open land, with each layer being compacted by force applied by mechanical equipment.
SELF-STORAGE (MINI-WAREHOUSE)
A building or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for self-service storage of personal property.
SIGHT DISTANCE TRIANGLE
The triangular area of a corner lot bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision.
Sight Distance Triangle
SIGN
A name, identification, description, display, or illustration which is affixed to, or points out, a building, structure, or tract of land, and which directs attention to an object, product, place, person, service, activity, institution, organization or business. The following is a list of common sign types:
1. 
A sign that is mounted on, painted on, or attached to an awning, canopy or marquee. No such signs shall project above, below or beyond the awning, canopy or marquee.
Awning
2. 
A sign which directs attention to a business or profession conducted, or to products, services or entertainment sold or offered upon the premises where such sign is located, or to which it is affixed and regulated to the extent permitted by law.
3. 
A temporary sign providing information about a future development or current construction on a site and the parties involved in the project. Except as otherwise permitted by law, construction signs shall only be permitted during the construction period and only on the premises on which the construction is taking place.
4. 
A sign totally supported on the roof of a structure, not including flush-mounted logo roof signs. Elevated/projecting roof signs shall not project more than twelve (12) inches beyond the face of the structure. In no case shall an elevated/projecting roof sign project more than ten (10) feet beyond the highest point of the roof on which the sign is located.
5. 
Any sign placed upon, or supported by, the ground independent of the principal structure on the property where the bottom edge of the sign is ten (10) feet or more above the ground level. (X = one-half (1/2) of the sign face, Y = one-fourth (1/4) of width of base, Z = twenty (20) feet above the base elevation of the highway. Maximum height equals twenty (20) feet; bottom of sign shall be at least ten (10) feet above the ground elevation).
Elevated Sign
6. 
A sign totally supported on the roof of a structure that displays the logo of the tenant of such structure. Flush-mounted logo roof signs shall be mounted parallel to and flush with the roof's surface. In no case shall a flush-mounted logo roof sign project above the highest point of the roof (compare to "elevated/projecting roof sign").
Flush-Mounted Logo Roof Sign
7. 
Any sign placed upon, or supported by, the ground independent of the principal structure on the property, where the bottom edge of the sign is less than six (6) feet above the ground, and the base is no less than fifty percent (50%) of the width of the face of the sign, presenting a monolithic structure. The maximum height shall be no more than ten (10) feet. If the base of the sign is less than five (5) feet, no planter is required.
Ground Sign
8. 
Any sign designed to internally give forth artificial light or designed to reflect light from one (1) or more exterior sources of artificial light erected for the sole purpose of illuminating the sign.
9. 
A sign which does not produce artificial light from within itself but which is illuminated by spotlights, floodlights, or other artificial light source(s) not a part of the sign itself.
10. 
A sign which identifies a non-commercial or institutional activity such as historic markers, school activity signs, or church bulletin boards.
11. 
A sign so designed that its source of artificial light is contained within itself and said source is not directly visible when in normal operation.
12. 
A sign that contains moving parts, creates the effect or illusion of having any moving parts, or has flashing or intermittent lighting.
13. 
Any sign whose base is greater in width than the face of the sign, and whose height is no greater than six (6) feet. (X = one hundred ten percent (110%) of the width of the sign face, Y = ten percent (10%) of the sign face. Maximum height is six (6) feet.)
Monument Sign
14. 
A sign giving the name and/or address of the owner or occupant of a structure or premises on which it is located and, where applicable, a professional status.
15. 
A sign which contains a message unrelated to a premises or profession or to a commodity, service or entertainment sold or offered upon the premises where such sign is located.
16. 
Any sign relating to a candidate, political party, ballot issue, or other issue to be voted upon in any public election. Political signs shall not be paced in the right-of-way.
Political Election
17. 
Any movable display structure, capable of relocation, under its own power, or towed by a motor vehicle. The display message of the sign may be painted or non-painted and capable of being readily altered. Portable display signs may be with or without electrical illumination and power, and with or without wheels.
18. 
A sign that is wholly or partly dependent upon a structure for support and which projects more than twelve (12) inches from such structure.
Projection Sign
19. 
A temporary sign pertaining to the sale or lease of a lot or tract of land on which the sign is located, or to the sale or lease of one or more structures, or a portion thereof on which the sign is located.
20. 
A sign not constructed or intended for long-term use.
Temporary Sign
21. 
A sign fastened to or painted on a wall of a structure in such a manner that the wall becomes merely the supporting structure or forms the background surface, and which does not project more than twelve (12) inches from such structure.
Wall Sign
22. 
Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes of glass and is visible from the exterior of the window.
Window Sign
SIGN AREA
Includes the space to be used for advertising purposes, including the spaces between open-type letters and figures, including the background structure, or other decoration or addition which is an integral part of the sign. The perimeter shall not include any structural or framing elements lying outside the perimeter and not an integral part of the sign.
SIGN HEIGHT
The vertical distance measured from either the ground elevation of the structure supporting the sign or the upper surface of the nearest curb or edge of a street, whichever is lower, to the highest point of a sign.
SIGN OUTLINE AREA
The area enclosed by the perimeter of the face of a sign, but not including structure supports.
STORY
That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, the space between the floor and the ceiling next above it.
STORY, HALF
A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four (4) feet above the floor of such story; except that any partial story used for residence purposes, other than by a janitor or caretaker or his/her family or by a family occupying the floor immediately below it, shall be deemed a full story.
STREET
Any public or private way set aside as a permanent right-of-way for street purposes and affording the principal means of access to abutting property.
STRUCTURAL ALTERATION
Any change in structural members of a building, such as walls, columns, beams, roof or girders.
STRUCTURE
Anything constructed or erected, the use of which requires permanent location on the ground.
SUBDIVISION, MINOR
A tract of land consisting of five (5) acres or less of land and proposed for subdivision or resubdivision into two (2) or less tracks.
TITLE LOAN ESTABLISHMENT
Any person, entity or business that lends money to a borrower and in exchange retains physical possession of the State-issued certificate of title to the personal property of the borrower.
TOWER (TELECOMMUNICATIONS)
Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, and the like.
VARIANCE
A modification or variation of the provisions of this Chapter as applied to a specific piece of property and approved by the Board of Adjustment.
VETERINARY CLINIC (ANIMAL HOSPITAL)
A facility for the practice of veterinary medicine.
YARD
An open space on the same lot with a building unobstructed from the ground upward and measured as the minimum horizontal distance between the lot line and main building.
YARD, FRONT
A yard extending across the front of a lot between the side yard lines and measured between the street line and the main building or any projection thereof, other than the projection of the usual steps, terraces, uncovered porches or entranceways. On corner lots the front yard shall be considered parallel to the street upon which the lot has its least dimension.
YARD, REAR
A yard extending across the rear of the lot between the side lot lines and measured between the rear lot line and the rear of the main building or any projection other than steps, uncovered porches or entranceways. On all lots the rear yard shall be at the opposite end of the lot from the front yard.
YARD, SIDE
A yard between the main building and the side line of the lot and extending from the front lot line to the rear yard.