New Franklin Definitions ordinance (§ 405.030)

For the purpose of this Title, the following words and terms, as used herein, except when otherwise provided, are defined to mean the following:

1. Rules of construction. Words used in the present tense include the future; words in the singular number include the plural; and words in the plural number include the singular; the word "building" includes the word "structure"; the word "shall" or the word "must" is always mandatory; the term "used for" includes the meaning "designed for" or "intended for".

2. Definitions.

ACCESSORY BUILDING OR USE: A subordinate building having a use customarily incident to and located on the lot occupied by the main building; or a use customarily incident to the main use of the property.

ALLEY: A minor way affording secondary access to properties which otherwise abut on a street.

APARTMENT: A room or a suite of rooms within an apartment house arranged, intended or designed for a place of residence of a single family or group of individuals living together as a single housekeeping unit.

APARTMENT HOUSE: A building arranged, intended or designed for more than two (2) family units.

BOARD: The Board of Adjustment as established in Article IV.

BUILD: To erect, convert, enlarge, reconstruct or structurally alter a building or structure.

BUILDING: Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one (1) or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements as hereinafter provided.

BUILDING, HEIGHT OF: The vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.

CLUB, PRIVATE: A building or premises used for social, recreational, dining or philanthropic purposes, the normal use of which is limited to specific members, patrons or otherwise listed and enumerated persons.

COMMISSION: The City Planning Commission of the City of New Franklin, Missouri.

COURT: An open, unoccupied space, other than yard, bounded on three (3) or more sides or exterior walls of a building or by exterior walls of a building and lot lines on which walls are allowable.

DISTRICT: A part of the City wherein regulations of this Chapter are uniform.

DRIVE-IN ESTABLISHMENTS: Any restaurant, financial institution or product vending enterprise where the patron does not enter a building during the transaction of his/her business.

DWELLING: A building or portion thereof designed exclusively for residential occupancy, including single-family, two-family and multiple-dwellings, boarding and lodging houses, apartment houses and town houses, but not hotels.

FAMILY: One (1) or more persons who are related by blood or marriage, living together and occupying a single housekeeping unit with single kitchen facilities or a group of not more than five (5) (excluding servants) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities on a non-profit cost-sharing basis.

FOUNDATION: A solid masonry wall which is setting on a footing and which is used to support a structure. Openings in the wall for windows and vents shall be permitted.

GOVERNING BODY: The Board of Aldermen of the City of New Franklin, Missouri.

GROUP HOME: Any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.

HOME OCCUPATION: Customary home occupations including the professional office or studio of an architect, artist, doctor, engineer, lawyer, planner, scientist, teacher, beautician, barber or occupations such as handicraft, dressmaking, millinery, laundry, preserving and home cooking; provided that such occupations shall be conducted exclusively by resident occupant, that not more than one-quarter (¼) of the area of one (1) floor of said residence shall be used for such purposes, and that no structural alterations or constructions involving features not customarily found in dwellings are required. An unlighted sign of not more than one (1) square foot in area and attached flat against the building shall be permitted. No equipment shall be used which creates offensive noise, vibration, smoke, dust, odor, heat or glare. A home occupation shall not include the operation of a restaurant or auto body shop.

LOT: A parcel of land occupied or to be occupied by one (1) main building or unit group of buildings and the accessory buildings or uses customarily incident thereto, including such open spaces as are required under this Title, and having frontage upon a public street. A lot, as used herein, may consist of one (1) or more platted lots or tract or tracts as conveyed or parts thereof.

LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the Zoning Inspector.

LOT DEPTH: The mean horizontal distance from the front street line to the rear line.

LOT LINE, FRONT: The boundary between a lot and the street on which it fronts.

LOT LINE, REAR: The boundary line which is opposite and the most distant from the front street line; except that in the case of uncertainty the Zoning Inspector shall determine the rear line.

LOT LINE, SIDE: Any lot boundary line not a front or rear line thereof, a side line may be a part lot line, a line bordering on an alley or place or a side street line.

LOT LINES: The lines bounding a lot as defined herein.

LOT WIDTH: The horizontal distance between side lines measured at the front building line.

MOBILE HOME: A transportable dwelling unit built on a chassis and which has the following characteristics:

1. Designed for occupancy containing sleeping accommodations, flush toilet, tub or shower bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems.

2. Designed to be transported after fabrication on its own wheels.

3. Arrives at site where it is to be occupied as a dwelling unit complete with major appliances and furniture and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities and the like.

MOBILE HOME COURT: A tract of land where three (3) or more mobile home spaces are offered for rent.

MOBILE HOME SPACE: An area with utility connections which is occupied or designed to be occupied by an inhabited mobile home.

MODULAR HOME: To qualify as a modular home a dwelling unit must meet all the following criteria. The dwelling unit:

1. Arrives at its permanent erection site after fabrication on a wheeled dolly or flatbed.

2. Arrives at the site in two (2) or more component parts which are permanently joined together at the site.

3. Is to be permanently attached to a permanent foundation.

A modular home shall be deemed to be a standard single-family dwelling and shall be subject to all requirements of a single-family dwelling.

MOTEL: A building or buildings containing in the aggregate on one (1) undivided tract or parcel of land, a group of individual private units, each provided with separate sleeping room or rooms, having both lavatory and toilet facilities, designed and to be used primarily for transient guests traveling by automobile.

NON-CONFORMING USE: Any building or land lawfully occupied by a use at the time of passage of this Chapter which does not conform with the use or area regulations of the district within which it is located.

PARKING SPACE: A surfaced area not less than nine (9) feet wide and twenty-two (22) feet long, either within a structure or in the open. The parking space must be served with a driveway which provides access to a street or alley.

RESTAURANT: A building wherein food is prepared and served to the public.

ROOMING HOUSE: A dwelling occupied by a resident family or resident occupant and three (3) or more rent-paying persons.

SIGN: Any words, numerals, figures, devices, designs or trademarks by which information is made known to the public outside a building.

STREET: A public right-of-way which provides a public means of access to abutting property. The term "street" shall include avenue, drive, circle, court, road, parkway, boulevard, highway, way, trafficway, thoroughfare or any other similar term.

STREET LINE: The dividing line between the street and the abutting property.

STRUCTURAL ALTERATIONS: Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

STRUCTURE: Anything constructed or erected which requires location on the ground, including signs but excepting customary utility poles, retaining walls and boundary fences.

VARIANCE: A variation from a specific requirement in this Title, as applied to a specific piece of property, as distinct from rezoning.

YARD: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the building shall be used.

YARD, FRONT: A yard across the full width of the lot extending from the front line of the main building to the front line of the lot.

YARD, REAR: A yard between the rear lot line and the rear line of the main building and the side lot lines.

YARD, SIDE: A yard between the main building and the adjacent side line of the lot and extending entirely from a front yard to the rear yard.