§ 10. DEFINITIONS
For the purpose of this ordinance certain terms are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure" and "premises"; the word "shall" is mandatory and not directory; the words "used" or "occupied" include the words "intended", "designed" or "arranged to be used or occupied"; the word "lot" includes the words "plot" or "parcel"; and the word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. Any work not herein defined shall be as defined in any recognized standard English dictionary.
Accessory Building. A subordinate building, the use of which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.
Accessory Use. A subordinate use which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.
Agricultural Activity. Agricultural activity, including forests and forest products, harvest and management, dairy farming, livestock grazing and pasturage, truck gardening, the raising of crops, fruit and nursery stock, fish farms, animal kennels and fur bearing animal farms, and the harvesting, processing, packaging, packing, shipping, and selling of products produced on the premises, and incidental farm occupations and uses such as machinery, farm equipment and domestic repair and construction, excluding commercial feed lots.
Alley. A public or private thoroughfare which affords only a secondary means of access to abutting property.
Apartment. See "Dwelling Unit."
Apartment, C-2 Downtown Commercial District . Any building or portion thereof which is designed and used exclusively for residential purposes on the first floor in the rear of a building located within the "C-2 Downtown Commercial District."
Apartment-loft, C-2 Downtown Commercial District. Any building or portion thereof which is designed and used exclusively for residential purposes on the upper storey floor or attic of a building located within the "C-2 Downtown Commercial District."
Automobile Service Station. Any land, building, structure, or premises used for the sale at retail of motor vehicle fuels, oils, or accessories, or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacing of motors, bodies, or fenders of motor vehicles or painting motor vehicles, public garages, and the open storage of rental vehicles or trailers.
Basement. A story having part but not more than one-half of its height below grade. A basement is counted as a story for the purposes of height regulation if subdivided and used for dwelling purposes other than by a janitor employed on the premises.
Board. Means Board of [Zoning] Appeals established in Section 9.
Boardinghouse. A building, other than a hotel or apartment hotel, where for compensation and by prearrangement for definite periods, lodging, meals, or lodging and meals are provided for three or more persons.
Buildable Area. The maximum depth and width of a lot left on which to build after the minimum front, side and rear yards are provided, as defined in Section 6.
Building. Any structure having a roof supported by columns or walls for the shelter or enclosure of persons or property.
Building, Height of. The vertical distance from the grade to (a) the highest point of a flat roof, (b) the deck line of a mansard roof, or (c) the average height between eaves and ridge for gable, hip, and gambrel roofs.
Building and Zoning Administrator: The individual designated to administer the Zoning Ordinance and who is responsible for the enforcement of the regulations imposed by said ordinance.
Carport. A structure consisting of a roof and support columns designed and intended for the storage of automotive vehicles.
Cellar. That part of a building having more than one-half of its height below the average grade of the adjoining ground.
City. Means City of Lebanon, Missouri.
Club. Buildings and facilities owned or operated by a corporation, association, person or persons for a social, educational, or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business.
Commercial Feed Lot. An area of land to raising and feeding of livestock where the operation is not a part of normal agricultural activity.
Commission. Means City [Zoning and] Planning Commission of Lebanon, Missouri.
Conditional Use. A use allowed in a zoning district after a permit is granted by the City [Zoning and] Planning Commission according to provisions of Section 9.
Council. Means City Council of Lebanon, Missouri.
Court. An open space more than one-half surrounded by buildings.
Day Care Center. A group program providing care for more than ten children in a family home occupied by the day care provider, or more than four children in a facility other than a family home.
Day Care Home. A family home occupied by the day care provider in which care is provided to ten children or less not related to the day care provider.
District. Means a part of the city wherein regulations of this ordinance are uniform.
Drive-in. Any establishment for which business is transacted, services rendered or goods sold while the customer remains in a vehicle, including but not limited to drive-in banks, cleaners, restaurants and theaters.
Dwelling. Any building or portion thereof which is designed and used exclusively for residential purposes.
Dwelling, Single-Family. A building designed for or occupied exclusively for one family.
Dwelling, Multiple. A building designed for or occupied exclusively by three or more families.
Dwelling, Two-Family. A building designed for or occupied exclusively by two families.
Dwelling Unit. One or more rooms in a dwelling occupied or intended to be occupied as separate living quarters by a single family as defined herein.
Family. One or more persons related by blood, marriage or adoption, occupying a dwelling unit as an individual housekeeping organization. A family may not include more than two persons not related by blood, marriage, or adoption.
Farm. See "Agricultural Activity."
Fence. A structure for enclosure or screening.
Floor Area. The square feet of floor space within the outside line of walls and includes the total of all space on all floors of a building. It does not include porches, garages, or space in a basement or cellar when said basement or cellar space is used for storage or incidental uses.
Floor Area Ratio. The floor area of the building divided by the area of the lot.
Frontage. All the property on one side of a street or highway, between two intersecting streets (crossing or terminating) or for a distance of 400 feet on either side of a proposed building or structure, measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street, but not including property more than 400 feet distant on either side of a proposed building or structure.
Garage, Private. A detached accessory or portion of a main building housing the automobiles of the occupants of the premises, but not commercial vehicles.
Garage, Public. A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing, or parking motor-driven vehicles. The term repairing shall not include an automotive body repair shop nor the rebuilding, dismantling, or storage of wrecked or junked vehicles.
Garage, Storage. Any building or premises, used for housing only motor-driven vehicles, other than trucks and commercial vehicles.
Grade. The average level of the finished surface of the ground adjacent to the exterior walls of the building.
Health Care Clinic or Office. An establishment where patients are not lodged overnight but are admitted for examination, consultation and/or treatment by one or more physicians, dentists, chiropractors, optometrists, or psychologist practicing their profession.
Home Occupation. Any occupation or profession carried on by a member of the immediate family, residing on the premises, in connection with which there is used no sign other than a nameplate, not more than one square foot in area, or no display that will indicate from the exterior that the building is being utilized in whole or part for any purpose other than that of a dwelling; there is no commodity sold upon the premises except that prepared on the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except such as is customary for purely domestic household purposes.
Hotel. A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests in contradistinction to a boardinghouse or lodging house as herein defined.
Institution. A nonprofit establishment for public use.
Kennel. An establishment where small animals are boarded for compensation or where dogs are bred or raised on a commercial scale.
Landscaped Area. An area that is permanently devoted and maintained to the growing of shrubbery, grass and other plant material.
Loading Space. A space within the main building or on the same lot for standing, loading, or unloading of trucks, having a minimum area of 540 square feet, a minimum width of 12 feet, a minimum depth of 35 feet, and a vertical clearance of at least 14.5 feet.
Lodging or Rooming House. Same as "Boardinghouse."
Lot. A parcel of land occupied or intended for occupancy by a use permitted in this ordinance, including one main building together with its accessory buildings, open spaces and parking spaces required by this ordinance, and having its principal frontage upon a road or street.
Lot, Corner. A lot abutting upon two or more streets at their intersections.
Lot, Depth. The mean horizontal distance between the front and rear lot lines.
Lot, Double Frontage. A lot having a frontage on two nonintersecting roads, as distinguished from a corner lot.
Lot Interior. A lot other than a corner lot.
Lot of Record. A lot or parcel of land the plat or deed of which has been recorded prior to the adoption of this ordinance.
Lot, Width. The width of a lot at the front yard line.
Mini-Storage. A building under single ownership in which space is rented for storage purposes.
Manufactured Home, Formerly Defined as a Mobile Home in the Lebanon Code: A factory-built structure that is manufactured or constructed under the authority of 42 United States Code Section 5401, bears a seal used by the Public Service Commission in compliance with the provisions of Section 700.015, RSMo, and is to be used as a place of human habitation but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A mobile home is not a manufactured home.
Mobile Home or trailer: A transportable, factory-built home, designed to be used as a yearround residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.
Mobile Home Park: A parcel of land (zoned Mobile Home Park) wherein two or more mobile homes as herein defined are located, whether for or without compensation and shall include all accessory buildings. Mobile home park shall not include automobile or mobile home sales lots on which unoccupied mobile homes are parked for the purposes of inspection and sale.
Modular Home: Factory-built housing bearing the seal issued by the Missouri Public Service Commission indicating compliance with the State of Missouri Modular Standards and Regulations for Modular Homes.
Motel, Motor Court, Motor Lodge, or Tourist Court. Any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located on the lot, and designed, used, or intended wholly or in part for the accommodation of automobile transients.
Nonconforming Use. The unlawful use of land or a building, or a portion thereof, which use does not conform with the use regulations of the district in which it is located.
Nursing Home. A home for the aged or infirm in which three or more persons not of the immediate family are received, kept or provided with food and shelter, or care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
Open Area. That part of a lot on which no part of a building or structure extends above the following elevations:
(a)
Two feet above the highest curb elevation of the street or streets that bound the lot;
(b)
One foot above the adjacent curb elevation for each one and one-fourth foot the building or structure is set back from the street lot line, except that no portion of the structure shall exceed 12 feet above the adjacent curb elevation. This provision shall not apply to walls or structures that do not extend more than four feet above the adjacent curb elevation.
Parking Space. A surfaced area, enclosed or unenclosed, sufficient in size to store one automobile not less than nine feet wide and twenty feet long, together with a driveway connecting the parking space with a street, road or alley and permitting ingress and egress of that automobile without the necessity of moving any other automobile.
Premises. A lot together with all buildings and structures thereon.
Sign. An identification, description, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure, or land and which directs attention to a product, place, activity, person, institution or business.
Street. A public way which affords the principal means of access to abutting property.
Street Centerline. The street centerline is a line halfway between the street lines.
Street Line. A dividing line between a lot and contiguous street.
Structural Alteration. Any change except those required by law or ordinance, which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams, girders, not including openings in bearing walls as permitted by other ordinances.
Structure. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences, and signs.
Tourist Home. An establishment used for dwelling purposes in which rooms, with or without meals, are offered to transient guests for compensation.
Yard. An open space, other than a court on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this ordinance.
Yard Depth or Width. The minimum front yard depth, the minimum rear yard depth or the minimum side yard width as defined in Section 6, or any extension of these yards to the front, rear or sides of the principal building within the buildable area. (The shortest horizontal distance in any yard from a lot line to the principal building should not be less than the minimum depth or width of each yard as defined in Section 6.)
Yard, Front. A minimum yard across the full width of the lot extending from the front line of the principal buildable area to the front lot line as provided in Section 6, or any extension of a front yard to the front of the principal building within the buildable area. On a corner lot, a secondary front yard facing the side street shall be provided, beveled at the intersection with the principal front yard and extending from the principal front yard to the rear lot line. (Note: This conforms with Section 6.B. (2) which provides for two front yards on a corner lot, one front yard facing each street.)
Yard, Rear. A minimum yard across the full width of an interior lot extending from the rear line of the principal buildable area to the rear lot line as provided in Section 6, or any extension of a rear yard to the rear of the principal building within the buildable area. On a corner lot, a rear yard extends from the interior side lot line to the secondary front yard facing the side street.
Yard, Side. A minimum yard between the principal buildable area and the side lot line, and extending from the front yard line to the rear yard line as provided in Section 6, or any extension of a side yard to the side of the principal building within the buildable area.
(Ord. No. 3253, § 6, 6-22-87; Ord. No. 3626, § 11, 4-10-95; Ord. No. 4753, § 1, 8-16-10)