[Ord. No. 97-1, 10-14-1997]
A. 
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. 
Tense. Words used in the present tense shall also include the future tense.
2. 
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. 
Shall. The word "shall" is mandatory and not discretionary.
4. 
May. The word "may" is permissive.
5. 
Use. The words "used" or "occupied" shall be construed to include "intended, designed or arranged to be used or occupied."
6. 
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:
ACCESSORY BUILDING OR USE
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.
ACCOMMODATIONS
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.
ALLEY
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.
APARTMENT
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.
BED-AND-BREAKFAST
A dwelling designed to accommodate lodging for individuals pursuant to previous arrangement for periods of less than thirty (30) days pursuant to criteria set forth in Article VIII, Section 415.420, Additional Conditions for Particular Special Uses.
BUILDING
Any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels, or property of any kind.
BUILDING LINE
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.
BUILDING OR STRUCTURE, HEIGHT OF
The vertical dimension measured from the highest elevation where the finished grade meets the building foundation.
CAMPGROUND
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.
CAMP SITE
A portion of the rentable space of a camp ground for an individual tenant of minimum required dimension as set forth in Article VIII, Section 415.420, Additional Conditions for Particular Special Uses.
COMMERCIAL
To be engaged in commerce or business with intent to gain profit, whether in currency or trade.
COMMISSION
The Village of Indian Point, Missouri Planning and Zoning Commission.
COMPREHENSIVE PLAN
The Village of Indian Point Comprehensive Plan, which is a comprehensive long-range plan intended to guide the growth and development of the Village.
CONDOMINIUM
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.
DENSITY
The permitted number of dwelling units per gross acre of land to be developed.
DISTRICT
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.
DWELLING
Any building or portion thereof which is designed and used exclusively for residential purposes.
DWELLING, MULTIFAMILY
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.
DWELLING, SINGLE-FAMILY
A detached building used exclusively for residential purposes having suitable accommodations for only one family.
DWELLING, TWO-FAMILY
A building used exclusively for residential purposes and having accommodations for and occupied exclusively by two (2) families living independently of each other.
EXCHANGE PROGRAM
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.
FAMILY
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.
FRONTAGE
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.
FUTURE DEVELOPMENT GUIDE
An exhibit depicting desired future development patterns and land uses upon which rezoning decisions are evaluated pursuant to Article I, Section 415.070.
GARAGE, PRIVATE
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.
GARAGE, PUBLIC
A building that is not an accessory building or portion thereof designed and used exclusively for housing motor vehicles, generally for a fee.
GOVERNING BODY
The Board of Trustees of the Village of Indian Point, Missouri.
GRADE
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.
1. 
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.
2. 
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.
3. 
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.
GROUP HOME
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.
HOME OCCUPATION
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.
HOTEL
A building which provides a common entrance, lobby, halls, and stairways, and in which lodging is provided to transient guests.
INSTITUTION
A building occupied by a not-for-profit corporation or a nonprofit establishment for public use.
LAUNDROMAT
A business that provides home-type washing, drying or ironing machines for hire to be used by customers on the premises.
LEASE
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."]
LODGE, LODGING
A structure wherein accommodations are let to guests for sleeping which may or may not include meals.
LODGING HOUSE
A structure wherein lodging is provided for individuals pursuant to previous arrangement and not open to transients.
LOT, CORNER
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.
LOT, DOUBLE FRONTAGE
A lot having a frontage on two (2) non-intersecting streets as distinguished from a corner lot.
LOT OF RECORD
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.)
LOT or PLOT
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.
MANUFACTURED HOME, PREMANUFACTURED HOME and DOUBLE-WIDE HOME
A building designed for long-term occupancy that has substantially the following characteristics:
1. 
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.
2. 
All of the following apply:
a. 
The length of the shortest exterior wall (excluding porches, room offsets and other secondary exterior wall faces) is twenty (20) feet or more wide;
b. 
The main roof pitch is two (2) feet or more rise in twelve (12) feet towards the main ridge line; or
c. 
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.
3. 
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.
4. 
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.
5. 
May or may not comply with the Council of American Building Officials (CABO) One- and Two-Family Dwelling Code or similar building code standards.
6. 
Is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 6, 1976.
MOBILE HOME, TRAILER HOME and SINGLE-WIDE HOME
A building designed for long-term occupancy that has substantially the following characteristics:
1. 
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.
2. 
Any of the following apply:
a. 
The length of the shortest exterior wall (excluding porches, room offsets and other secondary exterior wall faces) is less than twenty (20) feet wide;
b. 
The main roof pitch is less than two (2) feet rise in twelve (12) feet towards the main ridge line; or
c. 
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.
3. 
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.
4. 
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.
5. 
May or may not comply with the Council of American Building Officials (CABO) One- and Two-Family Dwelling Code or similar building code standards.
6. 
Is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 6, 1976.
MODULAR BUILDING and PREFABRICATED BUILDING
A building designed for long-term occupancy that has substantially the following characteristics:
1. 
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.
2. 
Designed to be transported as unassembled components to the building site on a separate conveyance such as a flat-bed trailer or truck.
3. 
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.
4. 
Built according to the Council of American Building Officials (CABO) One- and Two-Family Dwelling Code or similar building code standards.
MOTEL
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.
NONCONFORMANCE
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.
NONCONFORMING USE
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.
OFFICIAL ZONING MAP
The instrument adopted by the Board of Trustees designating the boundaries of approved zoning districts throughout the Village pursuant to Article I, Section 415.070.
PARKING LOT
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.
PARKING SPACE
A surfaced area on privately owned property, either within or outside of a building, and sufficient in size to store one (1) automobile.
PLANNED DEVELOPMENT DISTRICT
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.
PLANNING COMMISSION
The official planning and zoning body of the Village of Indian Point, Missouri.
RECREATIONAL VEHICLE
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.
RENT
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."]
RENTAL PROPERTY
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.
RESORT
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.
SETBACK
A distance between lot line and the building line as specified for each zoning district.
SIGHT TRIANGLE
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.
SPECIAL USE
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.
STREET LINE
A right-of-way line between a lot, tract or parcel of land and a street.
STREET, PRIVATE (PRIVATE DRIVE)
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.
STREET, PUBLIC
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.
STRUCTURAL ALTERATIONS
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":
1. 
Attachment of new front where structural supports are not changed;
2. 
Addition of fire escapes where structural supports are not changed;
3. 
New windows where lintels and supporting walls are not materially changed;
4. 
Repair or replacement of nonstructural members.
STRUCTURE
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.
TERRACE
An artificial or natural embankment in the area between a building and lot line.
TIME SHARE
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.
TRACT
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.
TRAILER
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.")
YARD
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.
YARD, FRONT
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.
ZONING INSPECTOR
A person or persons designated by the Board of Trustees of the Village of Indian Point, Missouri.
ZONING MAP
The Official Zoning Map of the Village of Indian Point, Missouri, located in the Village administrative offices.