[Ord. No. 97-1, 10-14-1997]
A.Â
Unless otherwise expressly stated, the following terms shall, for
the purpose of this Chapter, have the meaning herein indicated. Where
words have not been defined, the standard dictionary definition shall
prevail. In interpreting the meaning of the Regulations, the following
general rules shall apply:
1.Â
Tense. Words used in the present tense shall
also include the future tense.
2.Â
Number. Words used in the singular number shall
also include the plural and words in the plural number shall include
the singular, except where the natural construction of the writing
indicates otherwise.
3.Â
Shall. The word "shall" is mandatory and not
discretionary.
4.Â
May. The word "may" is permissive.
5.Â
Use. The words "used" or "occupied" shall be
construed to include "intended, designed or arranged to be used or
occupied."
6.Â
Regulations. Where reference is made to the
"Regulations," it shall be construed to mean the regulations as originally
passed in this Chapter and all subsequent amendments, supplements
and revisions.
[Ord. No. 97-1, 10-14-1997; Ord. No. 01-1, 1-9-2001; Ord. No. 03-2, 4-15-2003]
As used in this Chapter, the following terms shall have the
meanings indicated:
A subordinate building or a portion of the main building,
the use of which is incidental to that of the dominant use of the
main building or land. An accessory use is one which is subordinate
and/or smaller in floor area, size or significance to the main use
of the premises.
Any apartment, condominium or cooperative unit, cabin, lodge,
hotel or motel room, house, or any other private or commercial structure
which is situated on real property and designed for occupancy by one
(1) or more individuals.
A way which affords only a secondary means of access to property
abutting thereon, used primarily for vehicular service access to the
back or side of properties otherwise abutting on a street.
A room or suite of rooms used as the dwelling of a family,
including bath and culinary accommodations, located in a building
in which there are three (3) or more such rooms or suites.
Any structure designed or built for the support, enclosure,
shelter or protection of persons, animals, chattels, or property of
any kind.
The exterior face of a wall of an existing structure or the
limits to which an exterior face of a wall of the proposed structure
may be built, but shall not include the face of one-story unoccupied
gable-roofed areas over porches, entrance or line appendages.
The vertical dimension measured from the highest elevation
where the finished grade meets the building foundation.
A grouping of rentable land sites used for camping, whether in a recreational vehicle whose intended use is for dwelling purposes or in a temporary shelter such as a tent or sleeping bag pursuant to criteria set forth in Article VIII, Section 415.420, Additional Conditions for Particular Special Uses.
To be engaged in commerce or business with intent to gain
profit, whether in currency or trade.
The Village of Indian Point, Missouri Planning and Zoning
Commission.
The Village of Indian Point Comprehensive Plan, which is
a comprehensive long-range plan intended to guide the growth and development
of the Village.
A building containing one (1) or more dwellings, commercial
or office units, in which multiple units are separated by party walls
and which units are designed and intended to be separately owned in
fee under the condominium statutes of the State of Missouri.
The permitted number of dwelling units per gross acre of
land to be developed.
A section or sections of the Village of Indian Point in which
the Zoning Regulations governing the use of buildings and premises,
the height of buildings, the size of yards, and the intensity of use
are similar.
Any building or portion thereof which is designed and used
exclusively for residential purposes.
A building used exclusively for residential purposes and
having accommodations for and occupied exclusively by three (3) or
more families living independently of each other.
A detached building used exclusively for residential purposes
having suitable accommodations for only one family.
A building used exclusively for residential purposes and
having accommodations for and occupied exclusively by two (2) families
living independently of each other.
Any opportunity or procedure for the assignment or exchange
of time-share periods among purchasers or owners in the same or other
time-share plans.
One or more persons related by blood, marriage, or adoption,
living together as a single housekeeping unit, or a group of not more
than four (4) unrelated persons living together as a single housekeeping
unit; plus in either case, usual domestic employees. A "family" shall
under no circumstances be construed as a boarding house, club, sorority
or fraternity house, lodging house, hotel, motel or commune.
The length of the property abutting on one (1) side of a
street or place measured along the dividing line between the property
and the street or place.
An accessory building designed or used for the storage of
vehicles owned and used by the occupants of the building to which
it is accessory.
A building that is not an accessory building or portion thereof
designed and used exclusively for housing motor vehicles, generally
for a fee.
The Board of Trustees of the Village of Indian Point, Missouri.
The elevation measured in vertical dimension at a point approximately
parallel to and not more than five (5) feet from a street line shall
be considered the grade adjoining the street. Where no sidewalk has
been constructed, the grade shall be established by the Village Engineer.
For buildings having walls adjoining one (1) street only, the
elevation of the sidewalk or ground level at the center of the wall
adjoining the street.
For buildings having walls adjoining more than one (1) street,
the average of the elevation of the sidewalks or ground level at the
centers of all walls adjoining the streets.
For buildings having no walls adjoining the street, the average
lever of the finished surface of the ground adjacent to the exterior
walls of the building.
A dwelling occupied by not more than ten (10) persons, including
eight (8) or fewer persons with a mental or physical disability, who
need not be related by blood or marriage.
An activity carried on by the occupant of a dwelling as a
secondary use, including professional or semiprofessional offices,
when conducted entirely within the dwelling, in connection with which
there is no public display or storage of stock-in-trade upon the premises
or no identification which is visible from the exterior of the home
occupation or variation from the residential character of the main
building or accessory building and in connection with which no person
outside the family is employed and no equipment used which creates
offensive noise, vibration, smoke, dust, odor, heat or glare. A home
occupation shall not include the conducting of a beauty or barber
shop, tea room or restaurant, rest home, medical or dental clinic,
or cabinet, metal or auto repair shop, or antique shops or dealerships
and shall not cause parking or traffic congestion in the immediate
neighborhood.
A building which provides a common entrance, lobby, halls,
and stairways, and in which lodging is provided to transient guests.
A building occupied by a not-for-profit corporation or a
nonprofit establishment for public use.
A business that provides home-type washing, drying or ironing
machines for hire to be used by customers on the premises.
A contract or agreement by which a property owner lets property
or accommodations for a specific period of time which is a month or
longer. [NOTE: See "rent."]
A structure wherein accommodations are let to guests for
sleeping which may or may not include meals.
A structure wherein lodging is provided for individuals pursuant
to previous arrangement and not open to transients.
A lot abutting upon two (2) or more streets at their intersection,
or upon one (1) street that curves around two (2) or more sides of
the lot.
A lot having a frontage on two (2) non-intersecting streets
as distinguished from a corner lot.
A lot or portions of one (1) or more lots which are part
of a subdivision, the map of which has been recorded in the Office
of the Recorder of Deeds of Stone County, or a lot described by metes
and bounds, the description of which has been recorded in the Office
of the County Recorder of Deed. (Please note this definition was not
added in the last revision or 11/26/96 revision.)
A building site or parcel of land occupied or intended to
be occupied, including the land area necessary for one (1) main building
together with any accessory buildings, open spaces and parking spaces
required by this Chapter, and having its principal frontage upon a
street or upon an officially approved place.
A building designed for long-term occupancy that has substantially
the following characteristics:
Composed of one (1) or more sections, each of which was substantially
assembled in a manufacturing plant, typically with pre-installed plumbing
and electrical facilities that have connections provided for attachment
to outside systems. This is intended to apply to major assemblies
of sections comprising of more than one (1) wall, floor and/or roof
component and does not include prefabricated sub-elements such as
panels, roof or floor trusses and plumbing trees, for instance.
All of the following apply:
The length of the shortest exterior wall (excluding porches,
room offsets and other secondary exterior wall faces) is twenty (20)
feet or more wide;
The main roof pitch is two (2) feet or more rise in twelve (12)
feet towards the main ridge line; or
The main roof overhang extends twelve (12) inches or more from
the exterior walls when measured on a horizontal plane perpendicular
to the exterior wall from the lowest edge of the roof.
Designed to be transported in pre-assembled sections to the
building site on its own chassis with either permanent or detachable
tongue and wheels, or on another conveyance such as a flat-bed trailer
or truck.
Arrives at the building site ready for occupancy except for
minor and incidental assembly operations, location on foundation supports
or a permanent full foundation, connection to utilities, etc.
May or may not comply with the Council of American Building
Officials (CABO) One- and Two-Family Dwelling Code or similar building
code standards.
Is built in compliance with the Federal Manufactured Housing
Construction and Safety Standards Act of 1974, which became effective
June 6, 1976.
A building designed for long-term occupancy that has substantially
the following characteristics:
Composed of one (1) or more sections, each of which was substantially
assembled in a manufacturing plant, typically with pre-installed plumbing
and electrical facilities that have connections provided for attachment
to outside systems. This is intended to apply to major assemblies
of sections comprising more than one (1) wall, floor, and/or roof
component and does not include prefabricated sub-elements such as
panels roof or floor trusses and plumbing trees, for instance.
Any of the following apply:
The length of the shortest exterior wall (excluding porches,
room offsets and other secondary exterior wall faces) is less than
twenty (20) feet wide;
The main roof pitch is less than two (2) feet rise in twelve
(12) feet towards the main ridge line; or
The main roof overhang extends less than twelve (12) inches
from the exterior walls when measured on a horizontal plane perpendicular
to the exterior wall from the lowest edge of the roof.
Designed to be transported in pre-assembled sections to the
building site on its own chassis with either permanent or detachable
tongue and wheels, or on another conveyance such as a flat-bed trailer
or truck.
Arrives at the building site ready for occupancy except for
minor and incidental assembly operations, location on foundation supports
or a permanent full foundation, connection to utilities, etc.
May or may not comply with the Council of American Building
Officials (CABO) One- and Two-Family Dwelling Code or similar building
code standards.
Is built in compliance with the Federal Manufactured Housing
Construction and Safety Standards Act of 1974, which became effective
June 6, 1976.
A building designed for long-term occupancy that has substantially
the following characteristics:
Composed of multiple factory-fabricated components that do not
comprise more than one (1) wall, floor and/or roof component and are
not pre-assembled into self-supporting building section(s) or module(s)
prior to being located at the building site. This is intended to apply
to prefabricated but separate wall, floor and roof components, and
does not include prefabricated sub-elements such as panels, roof or
floor trusses and plumbing trees, for instance.
Designed to be transported as unassembled components to the
building site on a separate conveyance such as a flat-bed trailer
or truck.
Requires assembly of separate wall, floor and roof components
at the building site in order to comprise self-supporting building
section(s) or module(s), with one (1) or more modules to be incorporated
at the building site into a module structure on a permanent foundation.
Also requires on-site installation of plumbing and electrical facilities
and connections as well as other major on-site installations and assembly
operations before the building is ready for occupancy.
Built according to the Council of American Building Officials
(CABO) One- and Two-Family Dwelling Code or similar building code
standards.
A group of attached or detached permanent, non-mobile buildings
containing individual sleeping or separate living facilities, designed
and used for the accommodation of non-permanent residents. The term
"motel" shall include motor court, auto court, cabin, or tourist court.
A lawful condition of a structure or land which does not
conform to the regulations of the district in which it is situated.
This may include but is not limited to failure to conform to use,
height, area, coverage, or off-street parking requirements.
A structure or premises legally occupied by a use that does
not conform to the regulations of the district in which it is situated
as established in this Chapter.
An open, unoccupied, surfaced area used or required for use
for parking of vehicles exclusively and in which no gasoline or vehicular
accessories are sold or no other business is conducted.
A surfaced area on privately owned property, either within
or outside of a building, and sufficient in size to store one (1)
automobile.
A tract of land under single ownership or control which is
to be developed in accordance with a plan adopted by ordinance and
the boundaries of which are established on the Official Zoning Map
of the Village.
The official planning and zoning body of the Village of Indian
Point, Missouri.
A vehicular-type unit primarily designed as temporary living
quarters for recreational, camping or travel use, which either has
its own motive power or is mounted on or drawn by another vehicle.
Examples are travel trailers, camping trailers, truck campers, and
motor homes. Manufactured homes and modular homes shall not be considered
trailers or recreational vehicles.
A stated payment at fixed time intervals less than a month
in duration for the use of property or accommodations. State and local
sales tax applies to such stated payments. [NOTE: See "lease."]
A resort, motel, hotel, or campsite as defined herein where
accommodations are granted in exchange for stated payments at fixed
time intervals less than a month in duration.
A vacation destination which provides lodging and/or accommodations
for time intervals generally less than one (1) month for fees that
are subject to sales tax.
A distance between lot line and the building line as specified
for each zoning district.
An area at a street intersection in which nothing shall be
erected, placed, planted, or allowed to grow in such a manner as to
materially impede vision between a height of two and one-half (2 1/2)
feet and eight (8) feet above the grades of the outside edge of the
street surface of the intersecting streets, within the triangular
area formed by the right-of-way lines and a line connecting them at
points ten (10) feet from their point of intersection or at equivalent
points on private streets, except that the site triangle shall be
increased to twenty-five (25) feet for commercial uses when deemed
necessary for traffic safety by the governing body.
The use of a structure or plot of land other than that permitted
in a particular zoning district. Special use requires a permit from
the Planning and Zoning Commission.
A right-of-way line between a lot, tract or parcel of land
and a street.
A strip of land in private common or individual ownership, including the entire right-of-way, if any, intended primarily as a means of vehicular and pedestrian travel which may include space for sewers, public utilities, trees and sidewalks, such private street not being required to meet the standards of Chapter 410, Subdivision Regulations.
A strip of land in public ownership, including the entire
right-of-way, intended primarily as a means of vehicular and pedestrian
travel, which may include space for sewers, public utilities, trees
and sidewalks.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams, floor joists, roof
joists or girders, or any substantial change in the roof or exterior
walls. For the purpose of this definition, the following shall not
be considered a "structural alteration":
A composition of two (2) or more component parts or building
material joined together in some definite manner, so fabricated or
assembled that each adds to the strength and rigidity of the other
in final assembly. For the purposes of this Chapter, it shall include
buildings, towers, tanks, antennas, cages for transformer substations,
pergolas, billboards, trash receptacle screen, trash burners, BBQ
pits, but not excluding other assemblies of similar type which are
permanently located on a lot.
An artificial or natural embankment in the area between a
building and lot line.
A dwelling unit under single or multiple ownership whereby
the interests of those individuals under the multiple ownership are
defined by time intervals and such transaction or tenancy is considered
a commercial venture with rental revenues subject to sales tax.
An area of ground under single or group ownership that is
either a single parcel and recorded by the County or a collection
of lots under the same single or group ownership.
A vehicle other than a motor vehicle, whether or not such
vehicle is attached to or resting on the ground or something having
a location on the ground. (See "recreational vehicle.")
An open space at grade level 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 herein. 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 the rear yard, the minimum horizontal
distance between the lot line and the main building shall be used.
That portion of the yard extending across the front of a
lot between the street line and the front building line. On corner
lots, the front yard shall be considered as parallel to the street
upon which the lot has its least dimension.
A person or persons designated by the Board of Trustees of
the Village of Indian Point, Missouri.
The Official Zoning Map of the Village of Indian Point, Missouri,
located in the Village administrative offices.
