[R.O. 2011 § 400.010; 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Editor's Note: This ordinance also repealed former Ch. 400,
Zoning Regulations, adopted 3-16-1998 by Ord. No. 591, as amended.
[R.O. 2011 § 400.020; Ord. No.
1161 § 1, 11-18-2013]
A.Â
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.Â
Reflect and implement the goals and objectives of the Comprehensive
Plan;
2.Â
Preserve and protect property values throughout the City and
promote their orderly and beneficial development;
3.Â
Provide privacy and convenient access to property;
4.Â
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.Â
Regulate and limit the height of buildings and structures;
6.Â
Divide the City into zoning districts and establish, by reference,
a map showing the boundaries of such districts;
7.Â
Establish reasonable standards to which land, buildings, structures
and their uses must conform;
8.Â
Prohibit uses, buildings or structures which are incompatible
with the character of development, uses, buildings, or structures
permitted within specified zoning districts;
9.Â
Prevent illegal additions or alterations to existing buildings
or structures;
10.Â
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.Â
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.Â
Protect the natural environment of the community and its unique
assets of trees, watercourses, stormwater control, and topography;
13.Â
Protect existing public and private property from impacts associated
with development;
14.Â
Provide for the continuation of non-conforming uses as required
by law;
15.Â
Designate and define the powers and duties of the officials
administering and enforcing this Chapter; and
16.Â
Provide penalties for the violation of this Chapter.
[R.O. 2011 § 400.030; 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.
[R.O. 2011 § 400.040; Ord. No.
1161 § 1, 11-18-2013]
A.Â
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.Â
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.Â
Extension Of Vested Rights.
1.Â
The Planning and Zoning 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 and Zoning Commission shall
consider the following factors, as well as other relevant considerations:
2.Â
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.
[R.O. 2011 § 400.050; Ord. No.
1161 § 1, 11-18-2013]
A.Â
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.Â
Words used in the present tense shall include the future tense.
2.Â
Words used in the singular shall include the plural, and words
used in the plural shall include the singular.
3.Â
The word "shall" is mandatory.
4.Â
The word "may" is permissive.
5.Â
Unless otherwise specified, all distances shall be measured
horizontally.
6.Â
The word "City" means the City of Owensville, Missouri.
B.Â
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.
[R.O. 2011 § 400.060; Ord. No.
1161 § 1, 11-18-2013]
The following definitions shall apply in the interpretation
and enforcement of this Chapter, unless otherwise specifically stated:
A subordinate building or portion of the main building, the
use of which is customarily incidental to that of the main building.
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.
The person appointed by the Mayor to enforce this Chapter.
An establishment consisting of, including or having the characteristics
of any or all of the following:
ADULT STOREAn 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.
ADULT CABARETAn 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.
ADULT MINI MOTION-PICTURE THEATERAn 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.
ADULT MOTION-PICTURE THEATERAn 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.
EXOTIC DANCE FACILITYAny 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 minor public thoroughfare which affords only a secondary
means of access to abutting property.
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.
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.
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.
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.
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:
AUTOMOTIVE PAINT OR BODY SHOPThe 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.
AUTOMOTIVE TIRE STOREAn establishment or place of business primarily engaged in the sale of tires and services relating to the repair or purchase of tires for automobiles.
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."
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.
That portion of a building which is partly or completely
below grade.
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.
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.
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 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 Section 89.020, RSMo. See also "foster
care home."
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.
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.
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.
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.
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."
Land used or intended to be used for burial or cremation
of the dead, whether human or animal, including a mausoleum or columbarium.
The practice of medicine or dentistry for humans, including
assistants and laboratories, but not including inpatient care or operating
rooms for major surgery.
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.
The Planning and Zoning Commission of the City of Owensville.
The plan or any portion thereof, adopted by the Planning
and Zoning Commission pursuant to Chapter 89, RSMo., for the coordinated
development of the City.
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 Department of Health and Senior Services and other State or
local agencies having jurisdiction over child-care facilities.
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 Department of Health and Senior Services
and other State or local agencies having jurisdiction over child-care
facilities.
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.
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.
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:
LOFTA dwelling located above the first floor of a non-residential use such as a store or office.
MULTIFAMILY (APARTMENT)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.
SINGLE-FAMILY ATTACHED DWELLING (DUPLEX)A dwelling situated on one (1) lot occupied exclusively by two (2) families, respectively, in separate dwelling units living independently of each other.
SINGLE-FAMILY ATTACHED DWELLING (VILLA)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.
SINGLE-FAMILY DETACHED DWELLINGA dwelling situated on one (1) lot designed to be occupied exclusively by one (1) family.
TOWNHOUSEA group of three (3) or more dwellings situated on one (1) 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
 |
A room or group of rooms within a dwelling and forming a
single habitable unit with facilities for living, sleeping and cooking.
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.
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.
A barrier constructed of man-made or natural materials, intended
to maintain privacy and/or to prevent intrusion upon the property.
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.")
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.
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.
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."
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.
An accessory building used only for the housing of motor
vehicles, owned and used by occupants of the building to which it
is accessory.
A business that provides facilities for aerobic exercises,
such as running and jogging tracks, exercise equipment, game courts,
gymnasium, or swimming facilities.
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.
An institution providing medical and surgical care for humans
only, for both in- and outpatients, including medical service, training,
and research facilities.
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.
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.
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.
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."
Construction on an existing lot on an existing street in
an existing neighborhood or developed area.
A building occupied by a non-profit corporation or a non-profit
establishment for public use.
Any place where more than four (4) cats and/or dogs over
the age of six (6) months are kept.
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.
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.
A platted parcel of land occupied or intended for occupancy
by a use permitted in this Chapter.
A lot abutting upon two (2) intersecting streets at their
intersection.
The mean horizontal distance between the front and rear lot
line.
The lines bounding a lot as defined below.
FRONTThe boundary between a lot and the street on which it fronts. (For clarification of the front lot line location, see the illustration below.)
REARAny 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.)
SIDEAny lot line connecting a front and rear lot line. (For clarification of the side lot line location, see the illustration below.)
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Lot Types and Setbacks
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A lot or parcel of land, the deed to which has been recorded
in the office of the Recorder of Deeds of Gasconade County.
The mean horizontal distance measured at right angles to
its depth.
A structure constructed on or after June 15, 1976, transportable
in one (1) or more sections, which, in the traveling mode, is eight
(8) body feet or more in width or forty (40) body feet or more in
length, or, when erected on site, is three hundred twenty (320) or
more square feet, and which is built on a permanent chassis and designed
to be used as a dwelling with or without a permanent foundation when
connected to the required utilities, and includes the plumbing, heating,
air-conditioning, and electrical systems contained therein. The term
includes any structure that meets all of the requirements of this
definition except the size requirements and with respect to which
the manufacturer voluntarily files a certification required by the
United States Secretary of Housing and Urban Development and complies
with the standards established under Title 42 of the United States
Code.
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 "bathhouse."
An establishment licensed by the State of Missouri that offers
therapeutic massage as defined in Chapter 324, Sections 324.240 through
324.275, RSMo. The definition does not include establishments that
offer illicit sexual services under the guise of therapeutic massage;
see also Massage Parlor.
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).
A transportable building unit designed to be used by itself
or to be incorporated with similar units at a point-of-use into a
modular structure to be used for residential, commercial, educational
or industrial purposes. This definition shall not apply to structures
under six hundred fifty (650) square feet used temporarily and exclusively
for construction site office purposes.
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.
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.
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.
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.
An unreasonable interference with the enjoyment or use of
property.
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.
A building or portion of a building wherein services are
performed involving predominantly administrative, professional, or
clerical operations.
Storage of material or goods on the ground outside of a building.
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.
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.
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.
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.
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.
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.
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.
BUILDING-INTEGRATED RENEWABLE ENERGY SYSTEMA 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.
BUILDING-MOUNTED SOLAR ENERGY SYSTEMA solar energy system affixed to either a principal or accessory structure on a lot.
GROUND-MOUNTED SOLAR ENERGY SYSTEMA solar energy system that is not attached to another structure and is affixed to the ground.
GROUND-MOUNTED WIND ENERGY SYSTEMA wind energy system that is not attached to another structure and is affixed to the ground with a monopole tower.
ROOF-MOUNTED WIND ENERGY SYSTEMA wind energy system affixed to the roof of a principal or accessory structure on a lot.
SOLAR ENERGY COLLECTORThe 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.
SOLAR ENERGY EQUIPMENTThe solar energy collectors, electronics, disconnects, valves, and other appurtenances associated with a solar energy system.
SOLAR ENERGY SYSTEMA 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.
WIND ENERGY SYSTEMA 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.
WIND TURBINEThe 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.
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:
Food merchandise retail stores, limited to:
Bakeries, non-manufacturing, except for retail sale upon the
premises only;
Candy and confectionery shops;
Dairy product markets;
Delicatessens;
Fruit and vegetable markets;
Grocery stores (excluding convenience stores);
Health food stores;
Meat, fish, seafood and poultry markets.
Furniture and home furnishing retail stores, limited to:
China, glassware and metalware stores;
Draperies, curtains and upholstery stores, including custom-made
service, and supplies;
Floor covering and carpet stores, including installation and
cleaning service;
Furniture stores, including repair and service;
Household appliance stores, including repair and service;
Interior decorators' service stores or offices, excluding fabrication
shops;
Lamp and mirror stores;
Musical instrument stores, including repair and tuning service,
and supplies;
Office furniture and supplies stores, including service, repair,
supplies, and equipment; and
Radio, television, computer, and audio and video recorder stores,
including parts, repair, service, and supplies.
Miscellaneous retail sales and service stores and shops, limited
to and including the offering for retail sale any of the following
commodities:
Art articles and artists' supply stores;
Auction halls, secondhand merchandise stores, and antique shops;
Barbershop, salon, spa, beauty shop;
Books, magazines, newspapers, greeting cards, and stationery
(including letterhead and business card printing) stores; camera and
photographic supply shops, including optical goods;
Coin and stamp stores;
Equipment rental stores (excluding motor vehicle and trailer
rental);
Florists;
Gift, novelty, curio, and souvenir shops;
Hardware, nurseries, lawn and garden equipment and supply stores;
Hobby and craft shops, including, but not limited to, trophies
and engraving, woodworking, taxidermists, gunsmiths and bicycles;
Leather and luggage retail shops;
Locksmith;
Newspaper distribution and delivery stations;
Pet shops, retail;
Pharmacies, including, but not limited to, retailing of toiletries,
notions, and sundries;
Sporting goods shops; or
Tobacco shops.
An area for the dismantling, storage, and sale of inoperative,
obsolete or wrecked motor vehicles, trailers, and their parts.
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.
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.
A place where sleeping accommodations are provided for pay
or compensation by transient guests for a period of not more that
twenty-eight (28) consecutive days, and having less than five (5)
bedrooms which are furnished, used and maintained for the accommodation
of such guest.
[Ord. No. 1317, 12-16-2019]
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.
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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:
AWNING, CANOPY OR MARQUEE SIGNA 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.
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Awning
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BUSINESS SIGNA 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.
CONSTRUCTION SIGNA 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.
ELEVATED/PROJECTING ROOF SIGNA 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.
ELEVATED SIGNAny 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
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FLUSH-MOUNTED LOGO ROOF SIGNA 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
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GROUND SIGNAny 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
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ILLUMINATED SIGNAny 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.
INDIRECTLY ILLUMINATED SIGNA 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.
INFORMATION SIGNA sign which identifies a non-commercial or institutional activity such as historic markers, school activity signs, or church bulletin boards.
INTERNALLY ILLUMINATED SIGNA sign so designed that its source of artificial light is contained within itself and said source is not directly visible when in normal operation.
MECHANICAL SIGNA sign that contains moving parts, creates the effect or illusion of having any moving parts, or has flashing or intermittent lighting.
MONUMENT SIGNAny 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
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NAME PLATE SIGNA 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.
OFF-PREMISES SIGNA 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.
POLITICAL ELECTION SIGNAny 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
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PORTABLE DISPLAY SIGNAny 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.
PROJECTING SIGNA 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
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REAL ESTATE SIGNA 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 (1) or more structures, or a portion thereof on which the sign is located.
TEMPORARY SIGNA sign not constructed or intended for long-term use.
Temporary Sign
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WALL SIGNA 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
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WINDOW SIGNAny 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
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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.
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.
The area enclosed by the perimeter of the face of a sign,
but not including structure supports.
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.
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.
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.
Any change in structural members of a building, such as walls,
columns, beams, roof or girders.
Anything constructed or erected, the use of which requires
permanent location on the ground.
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.
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.
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.
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.
A facility for the practice of veterinary medicine.
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.
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.
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.
A yard between the main building and the side line of the
lot and extending from the front lot line to the rear yard.
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