[R.O. 2011 §400.1080; Ord. No. 2006-170 §1, 12-19-2006]
A.
For
the purpose of this Chapter, certain words and terms used herein shall
be defined as set forth in this Article. If not specifically defined
herein, words and terms shall be defined as in their most common language,
unless the context clearly indicates to the contrary.
B.
Words
used in the present tense include the future tense.
C.
Words
in the singular number include the plural and words in the plural
number include the singular.
D.
The
word "herein" means the Unified Development Ordinance.
E.
Gender
specific words, such as his or hers, shall include the opposite gender.
F.
The
word "person" includes an individual, corporation,
partnership or an incorporated association of person, such as a club.
G.
The
word "shall" and the word "must" are mandatory and not directory.
H.
The
word "building" includes the word "structure" and the word "structure" includes the word "building".
I.
The
term "used for" or "occupied for", as applied to any land or building, shall be construed to include
the words "intended, arranged or designed for".
[R.O. 2011 §400.1090; Ord. No. 2006-170 §1, 12-19-2006; Ord. No. 2007-47 §29, 5-15-2007]
See "BASE FLOOD".
A sign which has carried no message for more than one hundred
eighty (180) days or which no longer identifies an operating business,
lessor, service, owner, product or activity, date or time of past
event and/or for which no legal owner can be found.
A subordinate structure or building which is clearly and
customarily incident to the principal structure or building and which
is located on the same lot as the principal structure. Any accessory
structure or building attached to a principal building or structure
is deemed to be part of such principal building or structure.
A subordinate or secondary use which is clearly and customarily
incidental to the principal use of a building or premises and which
is located on the same lot as the principal building or use.
Those rates established by the Federal Insurance Administrator
pursuant to individual community studies and investigation which are
undertaken to provide flood insurance in accordance with Section 1307
of the National Flood Disaster Protection Act of 1973 and accepted
actuarial principles. "Risk premium rates" include
provisions for operating costs and allowances.
An extension or increase in floor area or height of a building
or structure.
Any design or construction criteria and specifications adopted
in writing by the City of Riverside, Missouri or its designees.
All land farming operations, including plowing or tilling
of land, for the purpose of crop production or the harvesting of crops.
The initial processing of crop-based agricultural products
that is reasonably required to take place in close proximity to the
site where such products are produced. Typical uses include grain
mills.
A use primarily engaged in the sale or rental of farm tools
and implements (excluding large implements such a tractors and combines),
feed and grain, tack, animal care products and farm supplies.
The use of land for the production of crops or animal husbandry.
Any contrivance now known or hereafter invented for use in
or designed for navigation of or flight in air.
Any premises which are used or intended for use for the landing
and takeoff of aircraft; and any subordinate areas which are used
or intended for use for airport buildings or other airport structures
or right-of-way, together with all airport buildings and structures
located thereon.
A public or private right-of-way primarily designed to afford
secondary access to abutting property.
Manmade trees, clock towers, bell steeples, light poles and
similar alternative-design mounting structures that camouflage or
conceal the presence of antennas or towers.
A facility providing animal care, boarding or veterinary
services for household pets, with outdoor animal runs.[1]
Any building or portion thereof designed or used for the
care, observation or treatment of domestic animals.
Any exterior apparatus designed for telephonic, radio or
television communications through the sending and/or receiving of
electromagnetic waves.
The overall vertical length of the antenna support structure
and the antenna.
Any structure, mast, pole, tripod or tower utilized for the
purpose of supporting an antenna or antennas for the purpose of transmission
or receipt.
A dwelling unit which is for rent or lease and is designed
as part of a larger structure.
Any person or organization who submits or who is required
to submit any type of zoning or development application.
A designated AO or AH Zone on a community's Flood Insurance
Rate Map (FIRM) with a one percent (1%) or greater annual chance of
flooding to an average depth of one (1) to three (3) feet where a
clearly defined channel is unpredictable and where velocity flow may
be evident. Such flooding is characterized by ponding or sheet flow.
The land in the floodplain within a community subject to
a one percent (1%) or greater chance of flooding in any given year.
A road intended to move through traffic to and from such
major attractions as central business districts, regional shopping
centers, colleges and/or universities, military installations, major
industrial areas and similar traffic generators within the City and/or
as a route for traffic between communities or large areas.
A subordinate structure which has at least twenty-five percent
(25%) of any of its walls common with the walls of the principal structure
or is built as an integral part of the principal building.
Banners, pennants, streamers, wind-operated mechanisms, balloons,
revolving beams or beacon of light, flashing lights and any other
type of fluttering or flashing object designed or intended to attract
the attention of the public.
An approved system of devices and equipment which automatically
detects and discharges an approved fire-extinguishing agent onto or
in the area of a fire.
Any structure entirely supported by the wall or canopy to
which it is attached and which is covered by canvas, cloth or other
similar temporary material and/or which can be retracted or rolled
to the structure by which it is supported.
A sign having the character, letters, illustrations, ornamentations,
symbol, color or visual representation applied to cloth, paper, vinyl,
fabric, plastic or like kind of malleable material with or without
frame. National, State or municipal flags or the official flag of
any institution or business shall not be considered banners.
The flood having a one percent (1%) chance of being equaled
or exceeded in any given year.
The portion of the building that is partly underground which
has more than one-half (½) of its interior height, measured
from floor to finished ceiling, below the average finishing grade
of the ground adjoining the building.
Any sign which has a sign face that is one hundred (100)
square feet or larger and intended or used to direct attention to
a product, business, commodity, service, entertainment organization,
event or attraction which is conducted, sold, offered or existing
elsewhere than upon the same premises as the sign.
A tract of land bounded by streets or by a combination of
streets and public parks, cemeteries, railroad rights-of-way, shorelines
or waterways or boundary lines of municipalities.
Any person who in exchange for valuable consideration receives
the use of a sleeping room, with or without meals.
Any form of security including a cash deposit, surety bond,
collateral, property or instrument of credit in an amount and form
satisfactory to the Board of Aldermen.
A pedestrian connection between two (2) buildings, having
a permanent roof and floor and having no side walls, except that screen
wire or lattice, having at least fifty percent (50%) open area, may
be attached in the form of side walls.
Open and unobstructed ground area around the perimeter of
a tract, landscaped or planted so as to provide an attractive green
space, having a grade not exceeding two to one (2:1) and a width of
not less than fifteen (15) feet.
Any structure built for the support, shelter or enclosure
of persons, animals, chattels or movable property of any kind. When
divided by other than common or contiguous walls, each portion or
section of such building shall be regarded as a separate building,
except that two (2) buildings connected by a breezeway having a continuous
roof shall be deemed as one (1) building.
The vertical distance measured from the highest of the following
three (3) levels:
The street curb level;
The established or mean street grade in case the curb has not
been constructed;
The average finished ground level adjoining the building where
it sets back from the street line; to the highest point on the building
roof for flat roofs and
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to the mean height between eaves and ridge for gable, hip and
gambrel roofs of such building.
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An occupation, employment or enterprise which occupies time,
attention, labor and materials or where merchandise is exhibited or
sold or services are offered.
An area of land designed to accommodate recreational vehicles,
campers or tents for recreational and temporary living purposes.
Any structure, other than an awning, attached to a building
at the inner end and projected outward. The portion of the structure
projected outward shall be either supported or cantilevered.
A sign attached to or illustrated on a canopy.
A proposed schedule of all future projects listed in order
of construction priority together with cost estimates and the anticipated
means of financing each project. All major projects requiring the
expenditures of public funds, over and above the annual City operating
expenses, for the purchase, construction or replacement of the physical
assets for the community are included.
The portion of a building that is partly underground which
has more than one-half (½) of its interior height measured
from floor to finished ceiling, below the average finished grade of
the ground adjoining the building.
Any different way of using the land or improvements.
A natural or artificial watercourse of perceptible extent
with a definite bed and banks to confine and conduct continuously
or periodically flowing water.
That water which is flowing within the limits of a defined
channel.
A building where more than four (4) children are cared for,
for compensation, when the children's parents or guardians are employed
or otherwise occupied elsewhere.
The City of Riverside, Missouri.
The City Attorney or such licensed attorney designated by
the Board of Aldermen to furnish legal assistance for the administration
of this Chapter.
The City Engineer or other such person as shall be appointed
by the Board of Aldermen to administer these regulations.
Any activity which removes the vegetative ground cover including,
but not limited to, root removal or top soil removal.
A street intended to move traffic from minor streets to the
major system of arterial streets and highways. A collector street
generally serves a neighborhood or large subdivision.
Any message on a sign that displays words or images advertising
products, services or events related to a business for profit, including
the name of the business.
A comprehensive plan for development of the City prepared
and adopted by the Planning and Zoning Commission pursuant to Chapter
89, RSMo., and includes any part of such plan or parts thereof.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions. Real estate is not a condominium
unless the undivided interests in the common elements are vested in
the unit owners.
The maps or drawings accompanying a development application
and showing the specific location and design of improvements to be
installed in conjunction with the development.
Land that touches other land with no intervening public street,
alley, sidewalk or other property owned and maintained by the public.
A building where regular nursing care is provided for more
than one (1) person not a member of the family which resides on the
premises.
A lot situated at the intersection of two (2) or more streets.
The United States Army Corps of Engineers.
An open space bounded on three (3) or more sides by exterior
buildings, walls or by exterior walls of a building and lot line upon
which walls or fences are allowable. An outer court extends to a street
or yard and an inner court does not.
A local street with only one (1) outlet and having an appropriate
terminal for the safe and convenient reversal of traffic movement.
A facility or organization providing cultural and educational
services to the public.
The level of the top of a curb in front of a building or
structure measured at the center of said front. Where no curb level
has been established, it shall be deemed to be the established level
of the centerline of the street surface in front of a building or
structure measured at the centerline of such front.
The line at the face of the curb nearest to the street or
roadway. In the absence of a curb, the curb line shall be established
by the City Engineer.
An establishment providing daily care or supervision of individuals,
for compensation, which is conducted in a structure other than a private
residence.
An establishment conducted in a private residence which provides
daily care or supervision, for compensation, for no more than ten
(10) individuals at any one time, excluding those persons related
to and residing in the home of the day care provider.
A unit of measurement of the intensity (loudness) of sound.
As used in this Chapter, decimal level shall be measured on the "A
Scale" and referred to as "db (A)".
Any manmade change to improved or unimproved land including,
but not limited to, construction or alternations of buildings or structures,
levee, levee systems, mining, dredging, filling, grading, paving,
excavation or drilling operations or storage of equipment or materials.
A sign displaying only directional information intended to
help guide people through a site.
The person charged with the administration and enforcement
of this Chapter.
[Ord. No. 1671, 7-16-2019]
Any fixed or floating structure for securing vessels, loading
or unloading persons or property or providing access to water and
including any barge, float or any other loading facility.
A right-of-way which affords a means of vehicular access
to or through an area in which it is owned and maintained by the owner
of the property it serves.
Any restaurant where the food is normally ordered from and
consumed in a vehicle parked on the premises. Also considered a drive-in
establishment is:
An establishment that in addition to allowing the consumption
of food or beverages outside the premise, also allows the consumption
of food within a completely enclosed structure; and
Food vending establishment where the food is not normally consumed
within a building or where facilities are provided for eating outside
of a building.
Any restaurant, financial institution or product vending
enterprise where business is transacted, through a window or other
mechanical device, with a patron who is in a vehicle.
A building or portion thereof intended for occupancy for
residential purposes which is permanently affixed to a foundation
embedded in the soil, but not to include hotels, motels, house trailers
or mobile homes.
A building or portion thereof arranged, intended or designed
for occupancy by three (3) or more families living independently of
each other.
A detached building arranged, intended or designed for occupancy
by one (1) family.
A building arranged, intended or designed for occupancy by
two (2) families.
One (1) or more rooms constituting all or part of a dwelling
which are arranged, designed, used or intended for use exclusively
as a single housekeeping unit for one (1) family and which includes
cooking, living, sanitation and sleeping facilities.
Any rock, natural soil or combination thereof.
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of his/her property.
For insurance purposes, a non-basement building which has
its lowest elevated floor raised above ground level by foundation
walls, shear walls, posts, piers, pilings or columns.
A community for which the Federal Insurance Administrator
has authorized the sale of flood insurance under the National Flood
Insurance Program (NFIP).
A civil engineer that is registered as a professional engineer
with the Missouri Board of Architects, Professional Engineers and
Land Surveyors.
To build, construct, attach, hang, place or suspend a structure.
The wearing away of land by the action of wind, water, gravity
or a combination thereof.
A set of measures designed to control runoff and erosion
and to retain sediment on a particular site during pre-construction,
construction and after all permanent improvements have been erected
or installed.
The erosion and sediment control design criteria and specifications
adopted in writing by the City of Riverside, Missouri.
A deposit of cash with the City in lieu of an amount required
and still in force on a performance or maintenance bond.
The average setback on each street on which a lot fronts,
within the same district and within three hundred (300) feet on each
side of such lot along the same side of the street, but not beyond
any intersecting street, established by three (3) or more buildings.
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, uncovered, removed, displaced, relocated
or bulldozed and shall include the conditions resulting therefrom.
Structures for which the "start of construction" commenced
before the effective date of the FIRM or before January 1, 1975, for
FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures".
The open space on the premises and on the adjoining property
under the control of owners or operators of such premises.
The control and elimination of insects, rats or other pests
by eliminating their harborage places; by removing or making inaccessible
materials that serve as their food; by poison spraying, fumigating,
trapping or by any other acceptable pest elimination methods.
The Federal Aviation Administration.
One (1) or more persons who are related by blood, marriage
or adoption, living together and occupying a single housekeeping unit
or a group of not more than two (2) persons (excluding servants) who
need not be related by blood or marriage, living together and subsisting
in common as a separate non-profit housekeeping unit.
The Federal Communications Commission.
An unroofed barrier or unroofed enclosing structure, including
retaining walls and entrance and exit gates.
Any act by which earth, sand, gravel, rock or any other similar
material is deposited, placed, pushed, pulled or transported to a
place other than the place from which it was excavated and shall include
the conditions resulting therefrom.
The final map or drawing of a subdivision which is presented
to the Planning and Zoning Commission for recommendation and which,
if approved by the Board of Aldermen, shall be submitted to the County
Recorder of Deeds for filing.
A piece of cloth or other flexible material varying in size,
shape, color and design, usually attached at one (1) edge to a staff
or cord and generally used as the symbol of a nation, State or City
or may also be imprinted with an advertising message or design.
A lot having only a small portion of its front lot line abutting
a street because an adjoining piece of property is situated between
the lot and the street, thus causing the lot to resemble the shape
of a flag.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
A determination by the Federal Insurance Administrator of
the water surface elevations of the base flood, that is, the flood
level that has a one percent (1%) or greater chance of occurrence
in any given year.
An examination, evaluation and determination of flood hazards.
The area outside the floodway encroachment lines, but still
subject to inundation by the regulatory flood.
An official map of a community, issued by the Federal Insurance
Administrator, where the boundaries of the flood areas having special
flood hazards have been designated as (unnumbered or numbered) A Zones.
An official map of a community on which the Federal Insurance
Administrator has delineated both the special flood hazard areas and
the risk premium zones applicable to the community.
The official report provided by the Federal Emergency Management
Agency. The report contains flood profiles as well as the Flood Boundary/Floodway
Map and the water surface elevation of the base flood.
The channel of a river or stream or lake or other body of
water and the land adjacent thereto, regardless of physical obstructions,
which is subject to inundation in the event of a regulatory flood.
The operation of an overall program of corrective and preventive
measures for reducing flood damage including, but not limited to,
emergency preparedness plans, flood control works and floodplain management
regulations.
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as floodplain
and grading ordinances) and other applications of Police power. The
term describes such State or local regulations or any combination
thereof that provide standards for the purpose of flood damage prevention
and reduction.
Any combination of structural and non-structural additions,
changes or adjustments to structures that reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities or structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one (1) foot.
The lines marking the limits of floodways on Federal, State
and local floodplain maps.
The ratio of the floor area to the lot area is determined
by dividing the floor area by the lot area.
The sum of the gross horizontal areas of the several stories
of the building measured from the exterior faces of the exterior walls
or from the centerline of the party walls. Included shall be any basement
floor, interior balconies and mezzanines, elevator shafts, stairwells,
enclosed porches and basement area, provided however, in residential
construction the basement areas shall not be computed unless the same
is to be living space. The floor area of accessory uses and of accessory
building, except residential garages, on the same lot shall be included.
A standard unit when measuring the quantity of light; one
(1) foot-candle shall equal the total intensity of light that falls
upon a surface that is one (1) square foot in area and is one (1)
foot away from a point source of light with the intensity of one (1)
candela or one (1) candle.
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A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. Freeboard tends to compensate
for the many unknown factors that could contribute to flood heights
greater than the height calculated for a selected size flood and floodway
conditions, such as wave action, clogged bridge openings and the hydrological
effect of urbanization of the watershed.
That part of a primary highway system which has been constructed
as divided, dual lane fully controlled access facilities with no access
to the throughways except established interchanges.
The length of the lot along the abutting street. The front
of a lot abutting more than one (1) street is considered separate
for each street.
Any building or premises, used for the storage, care or repair
of motor vehicles, which is operated for commercial purposes.
Any accessory building or portion of the main building used
for storage of automobiles.
The governing authority of the City.
The slope of land specified in percentage terms.
Excavation, fill or site disturbance or any combination thereof
and shall include the conditions resulting from any excavation, fill
or site disturbance.
The total square feet of the inside of the entire building.
The lot area covered by a building measured from the exterior
faces of exterior walls, but excluding open terraces or open porches
and garages.
A facility providing twenty-four (24) hour care in a protected
living environment for no more than seven (7) persons with physical
or mental disabilities and up to two (2) house parents or caregivers.
Activities that present the potential for serious hazards
to human life and health. Typical uses include arsenals, atomic reactors,
explosives and fireworks manufacture, hazardous waste disposal, medical
waste disposal and radioactive waste handling.
When referring to a tower or other structure, the distance
measured from ground level to the highest point on the tower or other
structure, even if said highest point is an antenna.
The vertical distance from the average ground level at the
base of the structure to the highest part thereof.
Development in which the density is equal to or greater than
one (1) dwelling unit per fifteen thousand (15,000) square feet.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a State Inventory of Historic Places
in States with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
A building or portion thereof or a group of buildings used
as a transient abiding place which may or may not serve meals regardless
of whether such establishments are designated as a hotel, inn, automobile
court, motel, motor inn, motor lodge, motor court, tourist cabin,
tourist court or other similar designation.
A sign in which a source of artificial light is used in order
to make the message readable. This definition shall include internally
and externally lighted signs.
A use offering recreation, entertainment or games of skill
to the public for a fee or charge and that is wholly enclosed in a
building. Typical uses include bowling alleys, indoor theaters, bingo
parlors, pool halls, billiard parlors and video game arcades.
A lot whose side lines do not abut a street.
That portion of the national system of interstate highways
located within the boundaries of Missouri as officially designated
or may hereafter be designated by the State Highways and Transportation
Commission with the approval of the Secretary of Transportation pursuant
to Title 23, United States Code, as amended.
The Kansas City Chapter of the American Public Works Association
Any place in which there are kept a combined total of more
than five (5) cats and/or dogs over twelve (12) weeks of age.
The levee project consisting of the Riverside Levee and the
Quindaro Bend Levee in the City constructed pursuant to the Project
Cooperation Agreement between the levee district and the Corps.
Any activity that changes the physical conditions of landform,
vegetation and hydrology. Such activities include, but are not limited
to, clearing, removal of vegetation, stripping, grading, grubbing,
excavating, filling, logging and storing of materials.
The critical area is generally considered the area from three
hundred (300) feet riverward to five hundred (500) feet landward of
a flood control project centerline. In some instances the critical
area is extended beyond five hundred (500) feet if any impact on the
flood control project can be considered.
The Riverside-Quindaro Bend Levee District of Platte County,
Missouri.
A freeway or expressway providing a trafficway for through
traffic, in respect to which owners or occupants of abutting property
or lands and other persons have no legal right of access to or from
same, except at such points and in such manner as may be determined
by the public authority having jurisdiction over such trafficway.
A street intended to provide access to other roads from individual
properties and to provide for local traffic movement within small
areas.
A tract, plot or parcel of land.
The area of a horizontal plane bounded by the vertical planes
through front, side and rear lot lines.
The mean horizontal distance from the front lot line to the
rear lot line.
Any building, constructing, planting, grading or other development
of a lot constituting a physical betterment of real property or any
part of such betterment.
A property boundary line of any lot.
Where the road or street right-of-way meets the abutting
property.
That boundary of a lot which is opposite and most distant
from and is or is approximately parallel to the front lot line. If
the rear lot line is less than ten (10) feet in length or if the lot
forms a point at the rear, the rear lot line shall be deemed to be
a line sixteen (16) feet in length within the lot, parallel to and
at the maximum distance from the front lot line.
Any lot boundary line not a front or rear lot line. A side
line may be a party lot line, a line bordering on an alley or a side
street line.
The division of an established and legally approved or recorded
subdivision lot into five (5) or few lots for the purpose of a zero
lot line development.
The horizontal distance between side lot lines, measured
at the front building line.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage, in an area other than a basement
area, is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation
of the applicable floodproofing design requirements of this Chapter.
A street providing through traffic movement between areas
and across the City and direct access to abutting property, subject
to necessary control of entrances, exits and curb use. Major streets
are generally considered arterial streets.
[2]An estimate of what is fair, economic, just and equitable
value under normal local market conditions.
A health care profession which involves the treatment of
the body's tonus system through the scientific or skillful touching,
rubbing, pressing or other movements of the soft tissues of the body
with the hands, forearms, elbows, or feet, or with the aid of mechanical
apparatus, for relaxation, therapeutic, remedial or health maintenance
purposes to enhance the mental and physical well-being of the client,
but does not include the prescription of medication, spinal or joint
manipulation, the diagnosis of illness or disease, or any service
or procedure for which a license to practice medicine, chiropractic,
physical therapy, or podiatry is required by law, or to those occupations
defined in Chapter 329, RSMo.
Any place of business in which massage therapy is practiced.
For purposes of the National Flood Insurance Program (NFIP),
the National Geodetic Vertical Datum (NGVD) of 1929 or other datum
to which base flood elevations shown on a community's Flood Insurance
Rate Map (FIRM) are referenced.
Those residential zoning districts in which the density is
between fifteen thousand (15,000) and forty thousand (40,000) square
feet per dwelling unit.
The planning agency established for the Metropolitan Kansas
City region to carry on comprehensive planning.
The official State agency delegated with the control of water
pollution.
The official State agency delegated with responsibility for
the control of water pollution.
The agency of the Department of Health and Welfare, including
the Division of Health as designated by the State of Missouri.
A dwelling unit used initially for display purposes which
typifies the type of units that will be constructed in the subdivision.
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.
A sign made of brick, masonry, stone or wood and the bottom
of which is attached directly and permanently to the ground and physically
separated from any other structure.
Any appliance used to secure a vessel other than to a dock,
which is not carried aboard such vessel as regular equipment when
underway.
See "HOTEL".
Any self-propelled vehicle designed primarily for transportation
of persons or goods along public streets or alleys or other public
ways.
Any City, Township, Village or County established pursuant
to the Revised Statutes of Missouri.
A special fund established by the Board of Aldermen to retain
monies contributed by developers in accordance with the "money in
lieu of land" provisions of these regulations within reasonable proximity
of the land to be subdivided so as to be of local use to the future
residents of said subdivision.
For the purposes of determining insurance rates, structures
for which the "start of construction" commenced on or after the effective
date of an initial FIRM or after December 31, 1974, whichever is later,
and includes any subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures
for which the "start of construction" commenced on or after the effective
date of a floodplain management regulation adopted by a community
and includes any subsequent improvements to such structures.
The National Flood Insurance Program (NFIP).
Any message on a sign that is not a commercial message.
A use, sign, yard or building that does not comply with the
regulations of this Chapter.
A subdivision whose intended use is other than residential,
such as commercial or industrial.
A fixed place of business where there is carried on the occupation
of maintaining, operating and offering services for any compensation
whatsoever of modeling for the purpose of reproducing the human body
wholly or partially in the nude by means of photography, painting,
sketching, drawing or otherwise; to be included within this definition
is the occupation or practice for any compensation whatsoever of offering
one's body wholly or partially in the nude for the purpose of having
designs of whatever nature applied thereto by whatever process or
technique with any kind of substance whether it be transparent or
non-transparent.
Any act or situation as described in Chapter 215 of the City Municipal Code.
Any land used to raise trees, shrubs, flowers and other plants
for sale or for transporting.
An establishment or agency licensed by the State for the
board and care or treatment of three (3) or more unrelated individuals.
Any material or performance is obscene if, taken as a whole
—
Applying contemporary community standards, its predominant appeal
is to prurient interest in sex; and
The average person, applying contemporary community standards,
would find the material depicts or describes sexual conduct in a patently
offensive way; and
A reasonable person would find the material lacks serious literary,
artistic, political or scientific value.
Words, terms, phrases, graphics, pictures, illustrations
or other copy which emphasizes matter in a prurient manner depicting,
describing or relating to specified sexual activities or specified
anatomical areas as defined herein. For purposes of this definition, "specified anatomical areas" means:
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For purposes of this definition, "specified sexual activities" means:
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1.
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Human genitals in a state of sexual stimulation or arousal;
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2.
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Acts of human masturbation, sexual intercourse or sodomy; or
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3.
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Fondling or other erotic touching of human genitals, pubic regions,
buttocks or female breasts.
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The purpose for which a building or portion thereof is utilized
or occupied.
Any individual, business or organization having possession
of a space within a building.
Any sign intended or used to direct attention to a product,
business, commodity, service, entertainment, organization, event or
attraction which is conducted, sold, offered or existing elsewhere
than upon the same premises as the sign.
An open, otherwise unoccupied, hard-surfaced space used for
temporarily parking motor vehicles exclusively and which is located
outside the street right-of-way.
See "COMPREHENSIVE MASTER PLAN".
Any sign intended or used to direct attention to a product,
business, commodity, service, entertainment, organization, event or
attraction which is conducted, sold, offered or existing on the same
premises as the sign.
That space remaining on a lot which is not occupied by buildings,
structures, parking areas or driveways and which is generally landscaped
with shrubs or planted with grass or used for outdoor recreational
purposes.
A use offering recreation, entertainment or games of skill
to the public for a fee or charge, wherein any portion of the activity
takes place in the open. Typical uses include archery ranges, batting
cages, golf driving ranges, drive-in theaters and miniature golf courses.
Any person, group of persons, firm or firms, corporation
or corporations or any other legal entity having legal title to or
sufficient proprietary interest in a piece of property.
An open, otherwise unoccupied, hard-surfaced space used for
temporarily parking motor vehicles exclusively.
An open, otherwise unoccupied, hard-surfaced space, other
than a street or public way, used for temporarily parking motor vehicles
and is designed exclusively for to the occupants of the building or
buildings for which the parking area is developed.
An open, otherwise unoccupied, hard-surfaced area, other
than a street or other public way, used for temporarily parking motor
vehicles and is available for the public's use.
An open, otherwise unoccupied, hard-surfaced area used exclusively
for temporarily parking motor vehicles at a cost to the vehicle owner.
A space within a public or private parking area for the temporary
parking of one (1) motor vehicle and which provides satisfactory ingress
and egress for motor vehicles.
A community in which the Federal Insurance Administrator
has authorized the sale of flood insurance. Also see "ELIGIBLE COMMUNITY".
Any lightweight plastic, fabric or other material, whether
or not containing a message of any kind, suspended from a rope, wire
or string, usually in series, designed to move in the wind.
Any individual, firm, agency, partnership, corporation, association,
organization or other entity acting as a unit, including governmental
entities.
The duly appointed board having duties and jurisdiction in
the City of Riverside as set out in Missouri Statutes and local ordinances.
A box designed or used exclusively for the growing and display
of plants and which is constructed of wood, brick or masonry.
A tract of land.
A sign wholly supported by a structure in the ground that
is independent of any building for support and which creates an area
of clearance between the ground and the sign.
Any sign of any kind promoting, supporting or opposing any
candidate, office, issue or proposition to be voted upon at any public
election.
A sign that is temporarily affixed to a location and which
has the capability of being moved from one location to another and
is not a part of a self-propelled vehicle.
The preliminary drawing or drawings indicating the proposed
manner or layout of a subdivision.
The main building or structures as distinguished from a subordinate
or accessory structure.
The main use of land or building as distinguished from a
subordinate or accessory use.
At least fifty-one percent (51%) of the actual cash value
of the structure, less land value, is above ground.
A sign which is attached to and projects perpendicularly
from a building.
The dividing line between the street and the lot or the line
separating adjacent properties.
Any building held, used or controlled exclusively for public
purposes by any department or branch of government, State, County
or municipal, without reference to the ownership of the building or
of the realty upon which it is situated.
Any drainage ditch, roadway, parkway, sidewalk, pedestrian
way, tree, lawn, off-street parking areas, lot improvement or other
facility for which the City may ultimately assume the responsibility
for maintenance and operation or which may affect an improvement for
which City responsibility is established.
A temporary sign pertaining only to the prospective rental,
lease or sale of the property on which it is located.
A vehicle which is:
Built on a single chassis;
Four hundred (400) square feet or less when measured at the
largest horizontal projections;
Designed to be self-propelled or permanently towable by a light
duty truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
An engineer properly licensed and registered in the State
of Missouri.
A land surveyor properly licensed and registered in the State
of Missouri.
One (1) or more rooms constituting all or part of a dwelling
in which are arranged, designed, used or intended for use exclusively
as a single housekeeping unit for one (1) family and which includes
cooking, living, sanitation and sleeping facilities.
Any lot, plot or tract of land zoned "R-1" Single-Family
Residential District, "R-2" Two-Family Residential District or "R-3"
Multiple-Family Residential District.
A strip of land occupied or intended to be occupied by a
street, crosswalk, sidewalk, water main, sewer main, drainage course,
railroad, electrical transmission line, oil or gas pipeline or any
other special use.
Those rates established by the Federal Insurance Administrator
pursuant to individual community studies and investigations which
are undertaken to provide flood insurance in accordance with Section
1307 of the National Flood Disaster Protection Act of 1973 and the
accepted actuarial principles. "Risk premium rates" include provisions for operating costs and allowances.
A road or a portion of a street with only one (1) vehicular-traffic
outlet.
The distance between property lines measured at right angles
to the center of the street.
A sign erected upon or above a roof, mansard roof or parapet
wall of a building and which is wholly and partially supported by
said building.
Combustible and non-combustible waste materials, except garbage;
the term shall include the residue from the burning of wood, coal,
coke and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
materials.
Ownership by the same person, corporation, form, entity,
partnership or unincorporated association; or ownership by different
corporations, firms, partnerships, entities or unincorporated associations,
in which a stockholder, partner or associate or a member of his/her
family owns an interest in each corporation, firm, partnership, entity
or unincorporated association.
Either an opaque wall, fence or barrier, open space, rows
of trees, shrubs or other landscaping or a combination thereof which
is intended to shield the view of a particular item or property.
Any solid material, mineral or organic that has been deposited
in water, is in suspension in water, is being transported or has been
removed from its site of origin by wind, water or gravity as a result
of soil erosion.
A use primarily engaged in the sale of diesel fuel, gasoline
or other fuels to tractor trucks or semi-trailers, along with accessory
activities such as the sale of lubricants, accessories or supplies
and the servicing of tractor trucks or semi-trailers. A truck stop
may include, as an accessory use, the parking and storage of track
trucks or semi-trailers.
The required minimum horizontal distance between the lot
line and the nearest portion of the building or structure on the lot.
Any area containing three (3) or more shops, stores and other
places of business, each with an independent entrance and separated
by a demising wall and providing common off-street parking facilities
for all of the businesses and their customers.
Any medium, including its structure and component parts,
which is used or intended to be used to attract attention to the subject
matter for identification, announcement or advertising purposes.
That portion of the sign upon or against which is displayed
any graphic, message, name or symbol of any kind for the purpose of
advertising, announcing, directing or attracting attention.
Any structure which supports or is capable of supporting
any sign. A sign structure may or may not be an integral part of the
building.
Any single or contiguous lots, tracts or parcels of land
on which development has occurred or is intended.
A plan, drawn to scale, showing the layout of the property,
lot lines, easements, rights-of-way, existing conditions and proposed
buildings and improvements.
A plan, drawn to scale, showing the conceptual layout of
a development. The sketch plan is designed to assist the applicant
in preparing a development plan.
A plat, drawn to scale, showing the conceptual layout of
a subdivision. The sketch plat is designed to assist the applicant
in preparing a preliminary or final plat.
An antenna and associated equipment of: (1) no more than
three (3) cubic feet in volume (comprised of no more than ten (10)
square feet of exterior surface area on an imaginary enclosure around
the perimeter thereof, excluding cable or cable conduit of four (4)
inches or less); (2) located with the consent of the owner on: (a)
an existing structure such as an electrical transmission tower, water
tower, utility pole, building, or street light; or (b) concealed within
or on a replacement street light if the height and appearance are
not materially altered; (3) not exceeding six (6) feet above the top
of the existing structure; (4) a similar color to the existing structure;
(5) any portion above the existing structure shall be concealed and
of the same dimensions and appearance so as to appear to be a natural
extension of the existing structure; provided that up to two (2) rod
antenna less than two (2) inches in diameter and a height of not more
than thirty-four (34) inches may be located exposed directly over
the existing structure in lieu of an enclosure or concealment; and
(6) shall not emit noise audible from the building line of any residential
zoned or used property. Volume shall be the measure of the exterior
displacement of the small wireless facility.
[Ord. No. 1577, 2-6-2018]
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In addition to the above requirements, when located on a utility
pole, street light, or similar structure over or adjacent to public
or private streets, sidewalks, or other pedestrian or vehicle ways:
(1) the height of all portions of the small wireless facility shall
be located at least eight (8) feet above ground level; (2) no ground
equipment shall be permitted; and (3) no portions of the Small Wireless
Facility shall extend horizontally from the surface of the pole or
structure more than sixteen (16) inches. Location, placement, and
orientation of the small wireless facility shall, to the extent feasible,
minimize the obstruction or visibility from the closest adjacent properties
unless otherwise required by the City for safety reasons. The director
may for good cause shown alter the maximum specifications qualifying
as a "Small Wireless Facility" in this definition by up to fifty percent
(50%) if the carrier demonstrates that it: (1) does not in any location
nationally use equipment capable of meeting the specifications and
the purpose of the equipment, and (2) cannot feasibly meet the requirements.
The Board of Aldermen may further waive one (1) or more of these requirements
upon good cause shown by the applicant including as required by applicable
law and provided a showing that the waiver is the minimum necessary
to accomplish the purposes of this Section. The burden of proof for
any waiver shall be wholly on the applicant and must be shown by clear
and convincing evidence.
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The unconsolidated mineral and organic material on the immediate
surface of the earth that serves as a natural medium for the growth
of land plants.
Any human activity depositing soil or other earth materials
for later use or disposal.
See "AREA OF SPECIAL FLOOD HAZARD".
An area having special flood hazards and shown on a FHBM,
FIRM or FBFM as Zones (unnumbered or numbered) A and AE.
A structure designed for the housing of livestock, such as
horses, cows and pigs.
Includes substantial improvement and means the date the building
permit was issued, provided that the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement or other
improvement was within one hundred eighty (180) days of the permit
date. The "actual start" means either the first (1st) placement of
permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns or any work beyond the stage of excavation. Permanent construction
does not include land preparation, such as clearing, grading and filling;
the installation of streets and/or walkways; excavation for a basement,
footings, piers or foundations or the erection of temporary forms;
the installation on the property of accessory buildings, such as garages
or sheds, not occupied as dwelling units or part of the main structure.
For a substantial improvement, the actual "start of construction" means the first (1st) alteration of any wall, ceiling, floor or
other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
That agency of the State Government or other office designated
by the Governor of the State or by State Statute at the request of
the Federal Insurance Administrator to assist in the implementation
of the National Flood Insurance Program (NFIP) in that State.
That portion of a building included between the surface of
any floor and the floor or the ceiling next above. A basement shall
be counted as a story and a cellar shall not be counted as a story.
A top story attic is a half story, when the main line of
the eaves is not above the middle of the interior height of such story.
The first (1st) story is a half story when between fifty percent (50%)
and seventy-five percent (75%) of its exterior walls are exposed to
outside light and air entirely above grade and which exterior walls
contain windows or doors permitting the entrance of daylight and outside
air.
A right-of-way which affords primary means of access to an
abutting property.
The dividing line between the street and the abutting property.
A street used for internal vehicular circulation within a
development, which has been identified as such on the development
plan or preliminary plat and is located within the access easement
recorded on the plat.
The area dedicated or used for public use.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders or any structural
change in the roof, but not including extension or enlargement.
Anything erected, the use of which requires a permanent location
on the ground or attached to something having permanent location on
the ground including, but not limited to, houses, buildings, stables,
fences, gazebos, sheds, cabins, signs, swimming pools and other similar
uses. "Structure", for floodplain management purposes,
means a walled and roofed building, including a gas or liquid storage
tank, that is principally above ground. "Structure", for insurance purposes, means a walled and roofed building, other
than a gas or liquid storage tank, that is principally above ground
and affixed to a permanent site. For the latter purpose, the term
includes a building while in the course of construction, alteration
or repair, but does not include building materials or supplies intended
for use in such construction, alteration or repair, unless such materials
or supplies are within an enclosed building on the premises.
A person, firm, corporation, partnership or association which
causes land to be divided into a subdivision.
The division of a parcel of land into two (2) or more lots,
or other divisions of land; it includes resubdivision and, when appropriate
to the context, relates to the process of subdividing or to the land
or territory subdivided.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed fifty percent (50%) of the market value of the structure
before the damage occurred.
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds fifty percent
(50%) of the market value of the structure before the "start of construction"
of the improvement. This term includes structures which have incurred
"substantial damage", regardless of the actual repair work performed.
The term does not, however, include:
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary or safety code specifications
which have been identified by the City and which are the minimum necessary
to assure safe living conditions.
Any alteration of a "historic structure", provided that the
alteration will not preclude the structure's continued designation
as a "historic structure".
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
The act of cutting and removing trees without disturbing
the root or adjacent vegetation.
A structure constructed as a freestanding structure or in
association with a building, other permanent structure or equipment
designed for the support of one (1) or more antennas intended for
transmitting or receiving television, AM/FM radio, digital, microwave,
or similar forms of wireless communications, including, but not limited
to, guyed towers, radio and television transmission towers, microwave
towers, self-supporting (lattice) towers, or monopoles but not disguised
support structures or buildings. The term shall also not include any
support structure including attachments of sixty-five (65) feet or
less in height owned and operated solely for use by an amateur radio
operator licensed by the Federal Communication Commission.
[Ord. No. 1577, 2-6-2018]
State licensed group-care homes for juvenile delinquents,
half-way houses providing residence, rehabilitation and counseling
to persons on release from a more restrictive custodial confinement
and residential rehabilitation treatment centers which also may provide
outpatient rehabilitation for alcohol and other drug abuse.
A facility licensed as such by the Missouri Department of
Health and Senior Services in connection with the transportation and
storage of medical marijuana.
[Ord. No. 1670, 7-16-2019]
A portable vehicular unit mounted on wheels designed to provide
temporary living space for recreational, camping or travel use and
of such size or weight as not to require a special highway movement
permit when drawn by a motorized vehicle. Such units commonly described
as travel trailers, campers, motor homes, converted buses or other
similar units, whether they are self-propelled or can be pulled, would
be considered examples of travel trailers.
The duly approved, enacted and amended ordinance which controls
and regulates zoning, subdivision and development of land in the City.
The purpose or activity for which the land or building thereon
is designed, arranged or intended or for which it is occupied or maintained.
Land which is:
Devoted to outdoor recreational space, greenery and service
space for household activities (such as clothes drying) which are
normally carried on outdoors.
Not devoted to private roadways, open to vehicular transportation,
accessory off-street parking spaces or accessory off-street loading
berths.
Unobstructed except as permitted within this Chapter.
Accessible and available to all occupants of dwelling units
for whose use the space is required.
Those areas of a site designed for secondary, but necessary
functions including, but not limited to, truck loading and unloading,
trash disposal and heating and cooling units.
Generating plants; electrical switching facilities and primary
substations; water and wastewater treatment plants; water tanks; and
similar facilities of agencies that are under public franchise or
ownership to provide the public with electricity, gas, heat, steam,
communication, rail transportation, water, sewage collection or other
similar service. The term "utility" shall not be
construed to include corporate or general offices; gas or oil processing;
manufacturing facilities; postal facilities or other uses defined
in this Section.
Services and facilities of agencies that are under public
franchise or ownership to provide services that are essential to support
development and that involve only minor structures, such as poles
and lines.
Relief from a provision of this Chapter which would allow
an otherwise prohibited situation because the strict application of
the provision would result in unnecessary hardship. Flood insurance
requirements remain in place of any varied use or structure and cannot
be varied by the community.
Any grasses, shrubs, trees and other vegetation which hold
and stabilize soils.
A use engaged in the retail or wholesale sale or rental,
from the premises, of motorized vehicles or equipment, along with
incidental service or maintenance activities.
An outdoor area used or intended to be used for long-term
storage of vehicles and equipment.
The natural or mechanical process of supplying conditioned
or unconditioned air to, or removing such air from, any space.
A sign which is in any manner affixed to a wall of a building
or structure, with the face parallel to the wall and extending not
more than one (1) foot from the building or structure wall and which
does not extend above the parapet, eaves or facade of the building
on which it is located.
A use primarily engaged in the storage or sale of materials,
equipment or products to wholesalers or retailers.
Surface waters including rivers, streams, lakes and wetlands.
The height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929 (or other datum where specified) of floods of
various magnitudes and frequencies in the floodplain.
Any waters, lake, river, tributary, canal, lagoon or connecting
waters within the boundaries of the City.
Those areas that are inundated or saturated by surface or
ground water at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. This does
not include surface waters intentionally constructed from sites that
are not wetlands, drainage ditches, grass-lined swales and landscape
amenities.
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward except as otherwise provided. In measuring
a yard for the purpose of determining the width of a side yard, the
depth of a front yard or the depth of a rear yard, the least horizontal
distance between the lot line and the main building shall be used.
A yard across the full width of the lot extending from the
front line of the main building to the front lot line.
A yard between the rear lot line and the rear line of the
main building and the side lot lines.
A yard between the main building and the adjacent side line
of the lot and extending entirely from a front yard to the rear yard
thereof.
The location of a building on a lot in such a manner that
one (1) or more of the building's sides is directly on the lot line.
[1]
Editor’s Note: The former definition of “animal
care, limited,” which immediately followed this definition,
was repealed by Ord. No. 1671, 7-16-2019.
[2]
Editor's Note: Former definitions of Marijuana or Marihuana;
Marijuana-Infused Products; Medical Marijuana Cultivation Facility;
Medical Marijuana Dispensary Facility; Medical Marijuana Testing Facility;
and Medical Marijuana-Infused Products Manufacturing Facility, which
immediately followed, were repealed 2-7-2023 by Ord. No. 1894. Prior
history includes: Ord. No. 1670.
