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Legislation #: 910685 Introduction Date: 5/30/1991
Type: Ordinance Effective Date: 10/11/1992
Sponsor: COUNCILMEMBER SWOPE AND COUNCILMEMBER BLACKWOOD
Title: Amending Chapters 65, Revised Ordinances of Kansas City, Missouri and 39, Code of General Ordinances, both commonly known as the Zoning Ordinance, by repealing Sections 65.020, Definitions, and 39.020 and enacting in lieu thereof new sections of like number and subject matter to provide a definition for solid waste transfer station and to clarify certain definitions.

Legislation History
DateMinutesDescription
5/30/1991

Prepare to Introduce

5/30/1991

Referred Plans And Zoning Committee

6/5/1991

Referred To Department City Plan Commission

6/26/1991

Hold Off Agenda

7/8/1991

Advertise

7/24/1991

Hold On Agenda

7/31/1991

Hold Off Agenda

9/23/1992

Hold On Agenda

9/30/1992

Advance and Do Pass as a Committee Substitute

10/1/1992

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 910685

 

Amending Chapters 65, Revised Ordinances of Kansas City, Missouri and 39, Code of General Ordinances, both commonly known as the Zoning Ordinance, by repealing Sections 65.020, Definitions, and 39.020 and enacting in lieu thereof new sections of like number and subject matter to provide a definition for solid waste transfer station and to clarify certain definitions.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 65, Revised Ordinances of Kansas City, Missouri, commonly known as the Zoning Ordinance is hereby amended by repealing Section 65.020, Definitions, and enacting in lieu thereof a new section of like number and subject matter to read as follows:

 

Section 65.020. Definitions.

 

(a) Definitions of certain words to be used in construing the meaning of this chapter are as follows:

 

(1) Accessory use or building: A use or building

customarily incident and subordinate to the then actual use or building and located on the same lot with such actual principal use or building.

 

(2) Alley: A public way which affords only secondary

access to abutting property.

 

(3) Amusement park, children's: A group of not more

than twelve (12) amusement devices for children only, including pony rings, and their necessary accessory uses, located on a plot of ground with an area of not over three (3) acres, which area shall include provisions for off-street parking.

 

(4) Apartment hotel: An apartment house which furnishes

services for the use of its tenants which are not primarily available to the public.

 

(5) Apartment house: A building arranged, intended or

designed at the time of original construction to be occupied by three (3) or more families.

 

(6) Attached accessory building: A building which has

at least twenty-five (25) percent of any of its walls common with a wall of the principal building or is built as an integral part of the principal building.

 

(7) Auto wrecking: The collecting and dismantling or

wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehicles or their parts.

 

(8) Block: A piece or parcel of land entirely

surrounded by public highways, streets, streams, railway rights-of-way or parks, or a combination thereof. The Codes Administrator shall decide any question regarding the limits or extent of a block.

 

(9) Board: The Board of Zoning Adjustment.

 

(10) Boarder: Any person who, in exchange for valuable

consideration, receives the use of a sleeping room and meals.

 

(11) Boarding House: A building other than a hotel,

where room and meals are provided as part of a prearranged agreement.

 

(12) Building: Any structure having a roof supported by

columns or walls for the housing or enclosure of persons, animals or chattels.

 

(13) Building coverage: The percentage of the lot area

covered by the building area.

 

(14) Building line: A line parallel to the front street

line between which line and the front street line no part of a building shall project, except as otherwise provided in this chapter. A building line established by a recorded plat shall govern.

 

(15) Chapter: The Zoning Ordinance, including both

Chapter 39, Code of General Ordinances, and Chapter 65, Revised Ordinances of Kansas City, until such time as Chapter 65 has been entirely repealed and reenacted as Chapter 39.

 

(16) Codes Administrator: Chief building official. Also

occasionally referred to in this chapter as Commissioner of Buildings and Inspections.

 

(17) Collector street: A street which carries traffic

from minor streets to the major system of arterials streets and highways and includes the principal entrance street to residential developments.

 

(18) Community unit project: A residential building

project of unlimited number of buildings on any size tract of land.

 

(19) Converted dwelling: Any residential building which

was originally designed and constructed as a one-, two-, or three-family dwelling but which has been changed or altered by the construction of additional dwelling units to provide for three (3) or more families.

 

(20) Curb level: The mean level of the curb in front of

the lot, or in case of a corner lot, along the abutting street where the mean curb is the highest.

 

(21) Duplex: A building designed and/or used exclusively

for residential purposes and containing two (2) dwelling units separated by a common party wall or otherwise structurally attached.

 

(22) Dwelling: A building or portion thereof designed

exclusively for residential occupancy, but not including hotels or motels.

 

(23) Dwelling, multiple: A building or portion thereof

designed for three (3) or more dwelling units.

 

(24) Dwelling unit: A building or portion thereof

designed exclusively for residential occupancy by one (1) family and provided with sanitation and cooking facilities.

 

(25) Family: An individual; or two (2) or more persons

related by blood, marriage or adoption; or a group of not more than five (5) persons (excluding servants) who need not be related by blood or marriage, living together and subsisting in common as a separate nonprofit housekeeping unit which provides one (1) kitchen; or a group of eight (8) or fewer unrelated mentally retarded or physically handicapped persons including two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally retarded or physically handicapped persons in residence.

 

(26) Floor area: The sum of the areas of the several

floors of a building or structure, including areas used for human occupancy or required for the conduct of the business or use, and basements, attics and penthouses, as measured from the exterior faces of the wall. It does not include an area for the parking of motor vehicles.

 

(27) Floor area ratio (FAR): The ratio of the floor area

to the lot area, as determined by dividing the floor area by the lot area.

 

(28) Garage, community: A building or portion thereof,

other than a public or private garage, provided storage for motor vehicles with facilities for washing, but not other services, such garage to be in lieu of private garages within a block or portion of a block.

 

(29) Garage, private: An accessory building for the

storage only of motor vehicles.

 

(30) Garage, public: A building or premises which is

operated for commercial purposes and used for the storage, care or repair of motor vehicles.

 

(31) Group housing project: A residential building

project consisting of four (4) or fewer buildings on a tract or lot consisting of three (3) or less acres.

 

(32) Halfway house: A facility for rehabilitation of

drug addicts, alcoholics or ex-offenders in a controlled environment with supervision and treatment or counseling provided on-site on an interim basis after referral from a public agency or institutional facility.

 

(33) Height of buildings: The vertical distance measured

from the highest of the following three (3) levels:

 

(a) From the curb level;

 

(b) From the established or mean street grade in

case the curb has not been constructed; or

 

(c) From the average finished ground level

adjoining the building if it sits back from the street

line to the level of the highest point of the roof beams

of flat roofs or roofs inclining not more than one (1)

inch to the foot and to the mean height level of the top

of the main plate and highest ridge for other roofs.

 

(34) Home occupation: Any occupation of a service

character, customarily conducted within a dwelling, and clearly incidental and secondary to the primary use of a dwelling which does not change the character thereof and does not have any exterior evidence of such secondary use. A home occupation shall be carried on only by members of a family actually residing in the dwelling, and in connection therewith no stock-in-trade and/or no commodity for sale shall be kept on the premises.

 

(35) Homeless shelter: A charitable facility operated by

either a not-for-profit corporation or a church to provide temporary housing for individuals without any apparent means of support.

 

(36) Hotel: A building occupied or used generally as a

temporary place of residence by individuals or groups of individuals who are lodged, with or without meals, and in which there are more than fifteen (15) sleeping rooms, and no provision made for cooking in any individual guest room.

 

(37) Incinerator: A solid waste processing facility

consisting of any device or structure resulting in weight or volume reduction of solid waste by combustion.

 

(38) Junk handling (yard): A place where waste,

discarded or salvaged metals, used plumbing fixtures, and other materials are bought, sold exchanged, stored, baled or cleaned; and a place for the storage of salvaged materials and equipment from house wrecking and salvaged structural steel; but excluding pawnshops and establishments for the sale, purchase or storage of used cars in operable condition, salvaged machinery, used furniture and household equipment, and the processing of used, discarded or salvaged materials as part of manufacturing operations.

 

(39) Lodger: Any person who, in exchange for valuable

consideration, receives the use of a sleeping room without meals or cooking privileges.

 

(40) Lodging house: A building, other than a hotel,

where a room without meals or cooking privileges for five (5) or more persons is provided for compensation.

 

(41) Lot: A plot, parcel or tract of land with frontage

on a street occupied or proposed to be occupied by one (1) building or uses customarily incident to it.

 

(42) Lot area: The area contained within the property

lines of individual parcels of land shown on a subdivision plat or required by this chapter, excluding any existing or designated future street right-of-way.

 

(43) Lot, corner: A lot abutting upon two (2) or more

streets at their intersection.

 

(44) Lot depth: The mean horizontal distance from the

front street line to the rear line of a lot.

 

(45) Lot, interior: A lot whose side lines do not abut

a street.

 

(46) Lot, through: An interior lot having frontage on

two (2) streets and distinguished from a corner lot.

 

(47) Lot width: The mean horizontal distance between the

side lines of the lot measured at right angles to the depth.

 

(48) Major thoroughfare (street): Streets having their

primary purpose to provide for through traffic movement between areas and across the city and having their secondary purpose as direct access to abutting property, subject to necessary control of entrances, exits and curb use and as further defined in the Major Street Plan as primary or secondary arterials.

 

(49) Marquee: Any hood of noncombustible construction

projecting more than twelve (12) inches from the wall of a building above an entranceway and having a roof area greater than twelve (12) square feet.

 

(50) Materials Recovery Facility: A facility where

source-separated materials are separated and processed but shall not include auto wrecking and junk handling.

 

(51) Mobile home: A factory-built structure or

structures more than eight (8) feet in width and thirty-two (32) body feet or more in length, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation.

 

(52) Mobile home development: Any development, site,

parcel or tract of land designed, maintained or intended to be used for the purpose of providing long-term accommodation of more than thirty (30) days for placement of two (2) or more mobile homes and includes all buildings used or maintained for the use of the residents of the development. This term shall not be used in conjunction with any mobile home or trailer sales lots which contain unoccupied units that are intended solely for inspection and sale.

 

(53) Motel: A motorist's hotel where no portion of the

building exceeds two (2) stories in height and where at least fifty (50) percent or more of the guest rooms are on the ground floor level and open directly on a private roadway or court.

 

(54) Nonconforming use, yard or building: A use, yard or

building that does not comply with the regulations of the district or districts in which it is situated.

 

(55) Off-street parking space: A paved area to which an

automobile has direct access from a paved aisle of sufficient width.

 

(56) Private club: A building and necessary grounds used

for and operated by a nonprofit organization, membership to which is by invitation and election according to qualifications in the club's charter and bylaws.

 

(57) Row house: A row of three (3) or more attached

dwelling units, also known as townhouse.

 

(58) Sign: Any advertisement, announcement, direction or

communication produced in whole or in part by the construction, erection, affixing or placing of a structure on any land or on any other structure or produced by painting on or posting or placing any printed, lettered, pictured, figured or colored material on any building, structure or surface.

 

(59) Sign, advertising copy: "Advertising copy" as used

herein shall mean all letters, numbers and symbols constituting an advertising message.

 

(60) Sign, animated: Any sign with moving, rotating,

other than on a vertical axis, or other mechanical parts, including banners, pennants or other advertising devices strung across a building or premises which rely upon wind currents to create movement or the illusion of movement.

 

(61) Sign, business advertising: An on-premises sign,

other than an outdoor advertising, incidental or temporary sign as defined by this chapter, which directs attention to a business, commodity, service, activity or product sold, conducted or offered on the premises where such sign is located.

 

(62) Sign, changeable copy panel: Any panel which is

characterized by changeable copy, illuminated or unilluminated, regardless of method of attachment.

 

(63) Sign, flatwall or fascia: A sign which is either

painted on or affixed in some way to an exterior wall of a building or structure and which projects not more than twelve (12) inches from the wall and presents only one (1) face with advertising copy to the public.

 

(64) Sign, freestanding: A sign which is supported by

one (1) or more columns, uprights or braces in or upon the ground or supported directly upon the ground.

 

(65) Sign, gross area of: The smallest square,

rectangle, triangle, circle or combination thereof, necessary to encompass the entire perimeter enclosing the extreme limit of all elements composing such sign but not including any structural elements lying outside the limits of such sign and not forming an integral part of the display. Except as otherwise provided herein, each face of a double-faced sign shall be computed and added to determine the gross area. The above calculation may be applied separately to each separate outlined letter, number or symbol of a sign which has no other sign face.

 

(66) Sign, incidental: A sign which guides or directs

pedestrian or vehicular traffic.

 

(67) Sign, outdoor advertising: An off-premise sign

which directs attention to a business, commodity, service, activity or product sold, conducted or offered off the premises where such sign is located.

 

(68) Sign, roof: A sign, any part of which extends above

the low point of a roof or parapet wall of a building and which is wholly or partially supported by said building.

 

(69) Sign structure: A structure which ordinarily serves

no other purpose than to support a sign. Structures or symbols such as statuary or similar devices which are used for advertising purposes shall be construed as a business advertising sign or as an outdoor advertising sign, as the case may be.

 

(70) Sign, temporary: A sign, directing attention to a

temporary condition, including "for sale", "for rent", "for lease" or similar temporary real estate signs, but not including other business or outdoor advertising signs; signs identifying construction projects, including names of persons or firms engaged in the project; signs for temporary uses of land such as carnivals, circuses or fairs wherever such temporary uses are permitted. Temporary signs shall also include banners, pennants and unofficial flags (except those mounted upon permanent staffs) commemorating or drawing attention to a temporary activity and signs of a political nature pertaining to public elections, including voting places.

 

(71) Sign, tri-vision: A sign which, by the

intermittent, simultaneous revolving of portions of its surface area, exhibits different messages in succession on the surface area, but with only one (1) message viewable at any one (1) time.

 

(72) Sign, under marquee: A lighted or unlighted display

attached to the underside of a marquee or canopy and protruding over private sidewalks or right-of-way.

 

(73) Solid Waste Separation Facility: A facility where

mixed municipal solid waste is separated into recovered materials and other components either manually or mechanically and further processed for transporting to other facilities including a solid waste disposal area.

 

(74) Stable, private: A detached accessory building for

the housing of horses, ponies or mules owned by the occupants of the premises and not kept for remuneration, exhibition, hire or sale.

 

(75) Stable, riding: A structure in which horses, mules

or ponies used exclusively for pleasure riding or driving are housed, boarded or kept for hire, including riding tracks or academies.

 

(76) Story: That part of a building included between the

surface of any floor and the surface of the floor next above, or if there be no floor above then the space between such floor and the ceiling next above it. A top story attic is a half-story when at least two (2) of its opposite sides are situated in a sloping roof and the floor area of which does not exceed two-thirds of the floor area immediately below it. An unoccupied basement shall not be considered a story.

 

(77) Street: A thoroughfare available to the public

which affords principal means of access to abutting property.

 

(78) Street line: The dividing line between the street

and the lot.

 

(79) Structural alterations: 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.

 

(80) Structure: Anything constructed or erected, which

requires location on the ground, or attached to something having a location on the ground, including but not limited to advertising signs, billboards and poster panels; but exclusive of customary fences or boundary or retaining walls.

 

(81) Transfer Station: A solid waste facility utilized

as a central collection point at which solid waste from collection trucks is placed in longhaul carriers for transfer to a solid waste separation facility or to a solid waste disposal area.

 

(82) Travel trailer: A portable vehicular unit mounted

on wheels designed to provide temporary living quarters for recreational, camping or travel use and of such size or weight as not to require special highway movement permits 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, pulled or can be hauled without a special permit, would be considered examples of travel trailers.

 

(83) Travel trailer camp: Any development site, parcel

or tract of land designed, maintained or intended to be used for the purpose of providing short-term accommodation, up to and including thirty (30) days or less, for placement of two (2) or more travel trailer units and shall include all buildings used or maintained for the use of the occupants in the trailer camp.

 

(84) Truck: The word "truck" shall include tractor and

trailer trucks, or any motor vehicle which carries a truck license.

 

(85) Used Tire Facility: A site where waste tires are

collected or processed prior to being offered for recycling or further processing or transferred for disposal.

 

(86) Yard, front: An open space unoccupied except as

hereinafter provided, on the same lot with a building or structure, between the wall of the building or structure nearest the street on which the lot fronts and the line of that wall extended, the side lines of the lot and the front street line of the lot. The minimum depth of the front yard shall be the distance between the nearest point of the street wall of the building and front line of the lot, or that line produced, measured at right angles to the front line of the lot. The front yard shall be:

 

(a) The front yard of a corner lot consisting of

one (1) platted lot shall be adjacent to that street on

which the lot has its least dimension, unless there is a

question as to which is the least dimension. When this

question arises, the Codes Administrator shall make the

determination.

 

(b) If a corner lot consists of all or more than

two (2) platted parcels of land, each of whose least

dimension is on the same street as the other lots in the

block, then the location of the front yard of this lot

shall be on the same street as the other lots.

 

(c) If a corner lot consists entirely of unplatted

land or a combination of platted land, the front yard

shall be on that street on which there fronts the greater

number of lots, either platted or unplatted.

 

Any question as to the above requirements for a corner

lot shall be determined by the Codes Administrator.

 

(87) Yard, least dimension: The least of the horizontal

dimensions at any level of such yard at such level.

 

(88) Yard, rear: An open space, unoccupied, except as

hereinafter provided, on the same lot with a building between the rear line of a building and that line extended, the side lines of the lot and the rear line of the lot. Where no rear line exists a line parallel to the front street line and distant as far as possible therefrom entirely on such lot and no less than ten (10) feet long shall be deemed the rear line. The depth of the rear yard shall be the distance between the nearest point of the rear wall of the building and the rear line of the lot, that line produced, measured at right angle to the rear line of the lot.

 

(89) Yard, side: An open space, unoccupied, except as

hereinafter provided, on the same lot with a building situated between the building and the side line of the lot and extending through from the front yard to the rear yard.

 

Any line not a rear line or a front line shall be deemed

a side line.

 

(90) Yard Waste Compost Facility: A facility that

processes grass, leaves, brush and other organic landscape wastes from more than one household, institution or business establishment.

 

(b) Words not otherwise defined shall have their common meanings. Words used in the present tense include the future; the singular number includes the plural and the plural the singular, unless the context clearly implies otherwise.

 

Section B. That Chapter 39, Code of General Ordinances of Kansas City, Missouri, commonly known as the Zoning Ordinance, is hereby amended by repealing Section 39.020, Definitions, and enacting in lieu thereof a new section of like number and subject matter to read as follows:

 

Section 39.020. Definitions.

 

(a) Definitions of certain words to be used in construing the meaning of this chapter are as follows:

 

(1) Accessory use or building: A use or building

customarily incident and subordinate to the then actual use or building and located on the same lot with such actual principal use or building.

 

(2) Alley: A public way which affords only secondary

access to abutting property.

 

(3) Amusement park, children's: A group of not more

than twelve (12) amusement devices for children only, including pony rings, and their necessary accessory uses, located on a plot of ground with an area of not over three (3) acres, which area shall include provisions for off-street parking.

 

(4) Apartment hotel: An apartment house which furnishes

services for the use of its tenants which are not primarily available to the public.

 

(5) Apartment house: A building arranged, intended or

designed at the time of original construction to be occupied by three (3) or more families.

 

(6) Attached accessory building: A building which has

at least twenty-five (25) percent of any of its walls common with a wall of the principal building or is built as an integral part of the principal building.

 

(7) Auto wrecking: The collecting and dismantling or

wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked motor vehicles or their parts.

 

(8) Block: A piece or parcel of land entirely

surrounded by public highways, streets, streams, railway rights-of-way or parks, or a combination thereof. The Codes Administrator shall decide any question regarding the limits or extent of a block.

 

(9) Board: The Board of Zoning Adjustment.

 

(10) Boarder: Any person who, in exchange for valuable

consideration, receives the use of a sleeping room and meals.

 

(11) Boarding House: A building other than a hotel,

where room and meals are provided as part of a prearranged agreement.

 

(12) Building: Any structure having a roof supported by

columns or walls for the housing or enclosure of persons, animals or chattels.

 

(13) Building coverage: The percentage of the lot area

covered by the building area.

 

(14) Building line: A line parallel to the front street

line between which line and the front street line no part of a building shall project, except as otherwise provided in this chapter. A building line established by a recorded plat shall govern.

 

(15) Chapter: The Zoning Ordinance, including both

Chapter 39, Code of General Ordinances, and Chapter 65, Revised Ordinances of Kansas City, until such time as Chapter 65 has been entirely repealed and reenacted as Chapter 39.

 

(16) Codes Administrator: Chief building official. Also

occasionally referred to in this chapter as Commissioner of Buildings and Inspections.

 

(17) Collector street: A street which carries traffic

from minor streets to the major system of arterials streets and highways and includes the principal entrance street to residential developments.

 

(18) Community unit project: A residential building

project of unlimited number of buildings on any size tract of land.

 

(19) Converted dwelling: Any residential building which

was originally designed and constructed as a one-, two-, or three-family dwelling but which has been changed or altered by the construction of additional dwelling units to provide for three (3) or more families.

 

(20) Curb level: The mean level of the curb in front of

the lot, or in case of a corner lot, along the abutting street where the mean curb is the highest.

 

(21) Duplex: A building designed and/or used exclusively

for residential purposes and containing two (2) dwelling units separated by a common party wall or otherwise structurally attached.

 

(22) Dwelling: A building or portion thereof designed

exclusively for residential occupancy, but not including hotels or motels.

 

(23) Dwelling, multiple: A building or portion thereof

designed for three (3) or more dwelling units.

 

(24) Dwelling unit: A building or portion thereof

designed exclusively for residential occupancy by one (1) family and provided with sanitation and cooking facilities.

 

(25) Family: An individual; or two (2) or more persons

related by blood, marriage or adoption; or a group of not more than five (5) persons (excluding servants) who need not be related by blood or marriage, living together and subsisting in common as a separate nonprofit housekeeping unit which provides one (1) kitchen; or a group of eight (8) or fewer unrelated mentally retarded or physically handicapped persons including two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally retarded or physically handicapped persons in residence.

 

(26) Floor area: The sum of the areas of the several

floors of a building or structure, including areas used for human occupancy or required for the conduct of the business or use, and basements, attics and penthouses, as measured from the exterior faces of the wall. It does not include an area for the parking of motor vehicles.

 

(27) Floor area ratio (FAR): The ratio of the floor area

to the lot area, as determined by dividing the floor area by the lot area.

 

(28) Garage, community: A building or portion thereof,

other than a public or private garage, provided storage for motor vehicles with facilities for washing, but not other services, such garage to be in lieu of private garages within a block or portion of a block.

 

(29) Garage, private: An accessory building for the

storage only of motor vehicles.

 

(30) Garage, public: A building or premises which is

operated for commercial purposes and used for the storage, care or repair of motor vehicles.

 

(31) Group housing project: A residential building

project consisting of four (4) or fewer buildings on a tract or lot consisting of three (3) or less acres.

 

(32) Halfway house: A facility for rehabilitation of

drug addicts, alcoholics or ex-offenders in a controlled environment with supervision and treatment or counseling provided on-site on an interim basis after referral from a public agency or institutional facility.

 

(33) Height of buildings: The vertical distance measured

from the highest of the following three (3) levels:

 

(a) From the curb level;

 

(b) From the established or mean street grade in

case the curb has not been constructed; or

 

(c) From the average finished ground level

adjoining the building if it sits back from the street

line to the level of the highest point of the roof beams

of flat roofs or roofs inclining not more than one (1)

inch to the foot and to the mean height level of the top

of the main plate and highest ridge for other roofs.

 

(34) Home occupation: Any occupation of a service

character, customarily conducted within a dwelling, and clearly incidental and secondary to the primary use of a dwelling which does not change the character thereof and does not have any exterior evidence of such secondary use. A home occupation shall be carried on only by members of a family actually residing in the dwelling, and in connection therewith no stock-in-trade and/or no commodity for sale shall be kept on the premises.

 

(35) Homeless shelter: A charitable facility operated by

either a not-for-profit corporation or a church to provide temporary housing for individuals without any apparent means of support.

 

(36) Hotel: A building occupied or used generally as a

temporary place of residence by individuals or groups of individuals who are lodged, with or without meals, and in which there are more than fifteen (15) sleeping rooms, and no provision made for cooking in any individual guest room.

 

(37) Incinerator: A solid waste processing facility

consisting of any device or structure resulting in weight or volume reduction of solid waste by combustion.

 

(38) Junk handling (yard): A place where waste,

discarded or salvaged metals, used plumbing fixtures, and other materials are bought, sold exchanged, stored, baled or cleaned; and a place for the storage of salvaged materials and equipment from house wrecking and salvaged structural steel; but excluding pawnshops and establishments for the sale, purchase or storage of used cars in operable condition, salvaged machinery, used furniture and household equipment, and the processing of used, discarded or salvaged materials as part of manufacturing operations.

 

(39) Lodger: Any person who, in exchange for valuable

consideration, receives the use of a sleeping room without meals or cooking privileges.

 

(40) Lodging house: A building, other than a hotel,

where a room without meals or cooking privileges for five (5) or more persons is provided for compensation.

 

(41) Lot: A plot, parcel or tract of land with frontage

on a street occupied or proposed to be occupied by one (1) building or uses customarily incident to it.

 

(42) Lot area: The area contained within the property

lines of individual parcels of land shown on a subdivision plat or required by this chapter, excluding any existing or designated future street right-of-way.

 

(43) Lot, corner: A lot abutting upon two (2) or more

streets at their intersection.

 

(44) Lot depth: The mean horizontal distance from the

front street line to the rear line of a lot.

 

(45) Lot, interior: A lot whose side lines do not abut

a street.

 

(46) Lot, through: An interior lot having frontage on

two (2) streets and distinguished from a corner lot.

 

(47) Lot width: The mean horizontal distance between the

side lines of the lot measured at right angles to the depth.

 

(48) Major thoroughfare (street): Streets having their

primary purpose to provide for through traffic movement between areas and across the city and having their secondary purpose as direct access to abutting property, subject to necessary control of entrances, exits and curb use and as further defined in the Major Street Plan as primary or secondary arterials.

 

(49) Marquee: Any hood of noncombustible construction

projecting more than twelve (12) inches from the wall of a building above an entranceway and having a roof area greater than twelve (12) square feet.

 

(50) Materials Recovery Facility: A facility where

source-separated materials are separated and processed but shall not include auto wrecking and junk handling.

 

(51) Mobile home: A factory-built structure or

structures more than eight (8) feet in width and thirty-two (32) body feet or more in length, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation.

 

(52) Mobile home development: Any development, site,

parcel or tract of land designed, maintained or intended to be used for the purpose of providing long-term accommodation of more than thirty (30) days for placement of two (2) or more mobile homes and includes all buildings used or maintained for the use of the residents of the development. This term shall not be used in conjunction with any mobile home or trailer sales lots which contain unoccupied units that are intended solely for inspection and sale.

 

(53) Motel: A motorist's hotel where no portion of the

building exceeds two (2) stories in height and where at least fifty (50) percent or more of the guest rooms are on the ground floor level and open directly on a private roadway or court.

 

(54) Nonconforming use, yard or building: A use, yard or

building that does not comply with the regulations of the district or districts in which it is situated.

 

(55) Off-street parking space: A paved area to which an

automobile has direct access from a paved aisle of sufficient width.

 

(56) Private club: A building and necessary grounds used

for and operated by a nonprofit organization, membership to which is by invitation and election according to qualifications in the club's charter and bylaws.

 

(57) Row house: A row of three (3) or more attached

dwelling units, also known as townhouse.

 

(58) Sign: Any advertisement, announcement, direction or

communication produced in whole or in part by the construction, erection, affixing or placing of a structure on any land or on any other structure or produced by painting on or posting or placing any printed, lettered, pictured, figured or colored material on any building, structure or surface.

 

(59) Sign, advertising copy: "Advertising copy" as used

herein shall mean all letters, numbers and symbols constituting an advertising message.

 

(60) Sign, animated: Any sign with moving, rotating,

other than on a vertical axis, or other mechanical parts, including banners, pennants or other advertising devices strung across a building or premises which rely upon wind currents to create movement or the illusion of movement.

 

(61) Sign, business advertising: An on-premise sign,

other than an outdoor advertising, incidental or temporary sign as defined by this chapter, which directs attention to a business, commodity, service, activity or product sold, conducted or offered on the premises where such sign is located.

 

(62) Sign, changeable copy panel: Any panel which is

characterized by changeable copy, illuminated or unilluminated, regardless of method of attachment.

 

(63) Sign, flatwall or fascia: A sign which is either

painted on or affixed in some way to an exterior wall of a building or structure and which projects not more than twelve (12) inches from the wall and presents only one (1) face with advertising copy to the public.

 

(64) Sign, freestanding: A sign which is supported by

one (1) or more columns, uprights or braces in or upon the ground or supported directly upon the ground.

 

(65) Sign, gross area of: The smallest square,

rectangle, triangle, circle or combination thereof, necessary to encompass the entire perimeter enclosing the extreme limit of all elements composing such sign but not including any structural elements lying outside the limits of such sign and not forming an integral part of the display. Except as otherwise provided herein, each face of a double-faced sign shall be computed and added to determine the gross area. The above calculation may be applied separately to each separate outlined letter, number or symbol of a sign which has no other sign face.

 

(66) Sign, incidental: A sign which guides or directs

pedestrian or vehicular traffic.

 

(67) Sign, outdoor advertising: An off-premise sign

which directs attention to a business, commodity, service, activity or product sold, conducted or offered off the premises where such sign is located.

 

(68) Sign, roof: A sign, any part of which extends above

the low point of a roof or parapet wall of a building and which is wholly or partially supported by said building.

 

(69) Sign structure: A structure which ordinarily serves

no other purpose than to support a sign. Structures or symbols such as statuary or similar devices which are used for advertising purposes shall be construed as a business advertising sign or as an outdoor advertising sign, as the case may be.

 

(70) Sign, temporary: A sign, directing attention to a

temporary condition, including "for sale", "for rent", "for lease" or similar temporary real estate signs, but not including other business or outdoor advertising signs; signs identifying construction projects, including names of persons or firms engaged in the project; signs for temporary uses of land such as carnivals, circuses or fairs wherever such temporary uses are permitted. Temporary signs shall also include banners, pennants and unofficial flags (except those mounted upon permanent staffs) commemorating or drawing attention to a temporary activity and signs of a political nature pertaining to public elections, including voting places.

 

(71) Sign, tri-vision: A sign which, by the

intermittent, simultaneous revolving of portions of its surface area, exhibits different messages in succession on the surface area, but with only one (1) message viewable at any one (1) time.

 

(72) Sign, under marquee: A lighted or unlighted display

attached to the underside of a marquee or canopy and protruding over private sidewalks or right-of-way.

 

(73) Solid Waste Separation Facility: A facility where

mixed municipal solid waste is separated into recovered materials and other components either manually or mechanically and further processed for transporting to other facilities including a solid waste disposal area.

 

(74) Stable, private: A detached accessory building for

the housing of horses, ponies or mules owned by the occupants of the premises and not kept for remuneration, exhibition, hire or sale.

 

(75) Stable, riding: A structure in which horses, mules

or ponies used exclusively for pleasure riding or driving are housed, boarded or kept for hire, including riding tracks or academies.

 

(76) Story: That part of a building included between the

surface of any floor and the surface of the floor next above, or if there be no floor above then the space between such floor and the ceiling next above it. A top story attic is a half-story when at least two (2) of its opposite sides are situated in a sloping roof and the floor area of which does not exceed two-thirds of the floor area immediately below it. An unoccupied basement shall not be considered a story.

 

(77) Street: A thoroughfare available to the public

which affords principal means of access to abutting property.

 

(78) Street line: The dividing line between the street

and the lot.

 

(79) Structural alterations: 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.

 

(80) Structure: Anything constructed or erected, which

requires location on the ground, or attached to something having a location on the ground, including but not limited to advertising signs, billboards and poster panels; but exclusive of customary fences or boundary or retaining walls.

 

(81) Transfer Station: A solid waste facility utilized

as a central collection point at which solid waste from collection trucks is placed in longhaul carriers for transfer to a solid waste separation facility or to a solid waste disposal area.

 

(82) Travel trailer: A portable vehicular unit mounted

on wheels designed to provide temporary living quarters for recreational, camping or travel use and of such size or weight as not to require special highway movement permits 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, pulled or can be hauled without a special permit, would be considered examples of travel trailers.

 

(83) Travel trailer camp: Any development site, parcel

or tract of land designed, maintained or intended to be used for the purpose of providing short-term accommodation, up to and including thirty (30) days or less, for placement of two (2) or more travel trailer units and shall include all buildings used or maintained for the use of the occupants in the trailer camp.

 

(84) Truck: The word "truck" shall include tractor and

trailer trucks, or any motor vehicle which carries a truck license.

 

(85) Used Tire Facility: A site where waste tires are

collected or processed prior to being offered for recycling or further processing or transferred for disposal.

 

(86) Yard, front: An open space unoccupied except as

hereinafter provided, on the same lot with a building or structure, between the wall of the building or structure nearest the street on which the lot fronts and the line of that wall extended, the side lines of the lot and the front street line of the lot. The minimum depth of the front yard shall be the distance between the nearest point of the street wall of the building and front line of the lot, or that line produced, measured at right angles to the front line of the lot. The front yard shall be:

 

(a) The front yard of a corner lot consisting of

one (1) platted lot shall be adjacent to that street on

which the lot has its least dimension, unless there is a

question as to which is the least dimension. When this

question arises, the Codes Administrator shall make the

determination.

 

(b) If a corner lot consists of all or more than

two (2) platted parcels of land, each of whose least

dimension is on the same street as the other lots in the

block, then the location of the front yard of this lot

shall be on the same street as the other lots.

 

(c) If a corner lot consists entirely of unplatted

land or a combination of platted land, the front yard

shall be on that street on which there fronts the greater

number of lots, either platted or unplatted.

 

Any question as to the above requirements for a corner

lot shall be determined by the Codes Administrator.

 

(87) Yard, least dimension: The least of the horizontal

dimensions at any level of such yard at such level.

 

(88) Yard, rear: An open space, unoccupied, except as

hereinafter provided, on the same lot with a building between the rear line of a building and that line extended, the side lines of the lot and the rear line of the lot. Where no rear line exists a line parallel to the front street line and distant as far as possible therefrom entirely on such lot and no less than ten (10) feet long shall be deemed the rear line. The depth of the rear yard shall be the distance between the nearest point of the rear wall of the building and the rear line of the lot, that line produced, measured at right angle to the rear line of the lot.

 

(89) Yard, side: An open space, unoccupied, except as

hereinafter provided, on the same lot with a building situated between the building and the side line of the lot and extending through from the front yard to the rear yard.

 

Any line not a rear line or a front line shall be deemed

a side line.

 

(90) Yard Waste Compost Facility: A facility that

processes grass, leaves, brush and other organic landscape wastes from more than one household, institution or business establishment.

 

(b) Words not otherwise defined shall have their common meanings. Words used in the present tense include the future; the singular number includes the plural and the plural the singular, unless the context clearly implies otherwise.

 

Section C. That the Council finds and declares that before taking any action on the proposed amendment hereinabove, all public notices and hearings required by the Zoning Ordinance have been given and had.

 

____________________________________________________________

 

I hereby certify that as required by Chapter 39, Code of General Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

 

___________________________________

Secretary, City Plan Commission

 

 

Approved as to form and legality:

 

 

___________________________________

Assistant City Attorney