§ 030. Definitions.

1.

For the purpose of this Zoning Ordinance, certain words and phrases are herein defined. Words and phrases defined herein shall be given the defined meaning. Words and phrases which are not defined shall be given their usual meaning except where the context clearly indicates a different or specified meaning.

2.

Words used in the present tense shall include the future; the singular number includes the plural and the plural includes the singular; the word "dwelling" includes the word "residence"; the word "shall" is mandatory and not permissive.

3.

The following words and phrases are defined:

(1)

Accessory building: Any building, the use of which is incidental to the principal use of another structure on the same premises.

(2)

Accessory use: A use incidental and subordinate to the principal use of the premises.

(3)

Accessory structure: Any structure, the use of which is incidental to the principal use of another structure on the same premises.

(3.5)

Adult day care center: Facility providing care and supervision to meet the needs of Functionally impaired adults for less than twenty-four (24) hours, but more than two (2) hours, per day in a place other than the adult's own home, which facility shall be in compliance with all applicable federal, state, county and municipal licensing requirements.

(4)

Apartment: A room or suite of rooms within a building, provided with separate cooking facilities and intended as a single dwelling unit.

(5)

Atrium: An open public area within a building established principally for aesthetic purposes.

(6)

Automobile (automotive): As used herein, the term includes passenger cars, motorcycles, vans, pickup trucks, and recreational vehicles.

(7)

Bank: An office building or portion thereof which provides for the custody, loan, exchange, or issue of money, the extension of credit, or facilitating the transmission of funds, and which may include accessory drive-up units on the same premises.

(8)

Base flood: The flood having a one (1) percent chance of being equaled or exceeded in any given year.

(9)

Basement: A floored and walled substructure of a building at least fifty (50) percent below the average finished grade of the building.

(10)

Building: A structure that is permanently affixed to the land, has one (1) or more floors, one (1) or more exterior walls and a roof, and is designed or intended for use as a shelter.

(11)

Building line: See Setback (building line).

(12)

Cemetery: A place for burial of the dead, including crematory facilities as an accessory use.

(13)

Childcare center: Facility providing care for five (5) or more children under the age of thirteen (13), not including children of a family residing on the premises, for any part of a twenty-four-hour day, which facility shall be in compliance with all applicable Federal, state, county and municipal licensing requirements.

(14)

City: City of Black Jack.

(15)

Club: A building or a portion of a building intended to be used as a center of informal association for a selective membership not open to the general public.

(16)

Community center: A facility maintained by a public agency or by a not-for-profit community or neighborhood association primarily for social, recreational, or educational needs of the community or neighborhood.

(17)

Composting: The process of collecting yard waste in controlled proportions with aeration and mixing for decomposition into mulch.

(18)

Condominium: A single real property parcel with all the unit owners having a right in common to use the common elements with separate ownership confined to the individual units which are serially designated.

(19)

Day care home: A family home, occupied as a permanent residence by the day care provider, in which care is given to a maximum of ten (10) children, including children related to the day care provider, for any part of the twenty-four-hour day, which shall be in compliance with all Federal, state, county and municipal licensing requirements.

(20)

Development: The act of changing and the state of a tract of land after its function has been purposefully changed by man, including, but not limited to, structures on the land and alterations to the land.

(21)

District: A part or parts of the City for which the Zoning Ordinance establishes regulations governing the development and use of land therein.

(22)

Dwelling: Any building, or portion thereof, used exclusively for human habitation, except hotels, motels, or house trailers.

(23)

Dwelling unit: A room or group of rooms located within a dwelling forming a habitable unit for one (1) family.

(24)

Dwelling, single-family: A building designed for, or occupied exclusively, by one (1) family, excluding earth-sheltered dwellings.

(25)

Dwelling, two-family: A building designed exclusively for two (2) families, and occupied by no more than two (2) families.

(26)

Dwelling, multiple-family: A building designed for three (3) or more families, and occupied by no more than the designed number of families.

(27)

Family:

1.

An individual living as a single nonprofit housekeeping unit in a dwelling unit;

2.

Two (2) or more persons related by blood, marriage, adoption or foster care relationship living together as a single nonprofit housekeeping unit in a dwelling unit;

3

A ggroup of not more than three (3) persons who need not be related by blood, marriage, adoption or foster care relationship, living together as a single nonprofit housekeeping unit in a dwelling unit; or

4.

Two (2) unrelated individuals plus the biological, adopted, or foster children of either such individuals, living together as a single, nonprofit housekeeping unit in a dwelling unit.

(28)

Farm: A parcel of land used for growing or raising agricultural products (excluding livestock, fowl and similar farm animals).

(29)

Fast-food restaurant: Any establishment whose principal business is the sale of foods, frozen desserts, or beverages in ready-to-consume individual servings, for consumption either within the restaurant building or for carry-out, and where either (1) foods, frozen desserts, or beverages are usually served in edible containers or in paper, plastic, or other disposable containers, and where customers are not served their food, frozen desserts or beverages by a restaurant employee at the same table or counter where the items are consumed, or (2) the establishment includes a drive-up or drive-through service facility or offers curb service.

(30)

Fence: A structure, partition or wall erected for the purpose of providing shade or privacy screening. Shrubs, hedges, trees and other plant material shall not be considered a fence. Said fence shall not exceed a height of seventy-two (72) inches and shall be at least a minimum of forty-two (42) inches in height.

(31)

Fence, sight-proof: A fence with an opaque value of seventy (70) percent or greater. Such structure may be a chain link fence in combination with slat or lattice materials.

(32)

Filling station (service station): Any structure or premises used for dispensing for sale, at retail, of vehicle fuels or lubricants, including lubrication of vehicles and replacement or installation of minor parts and accessories, but not primarily engaged in major repair work such as engine replacement, body and fender repair or spray painting.

(33)

Floodplain: That area within the City subject to a one (1) percent, or greater, chance of flooding in any given year. This area is designated "FP" on the Zoning Map.

(34)

Floodway: The area designated as Floodway on the Zoning Map. It is derived by determining that portion of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

(35)

Floor area, gross: The sum of the gross horizontal area of all floors of a building, including basement areas, as measured from the interior perimeter of exterior walls. Such area shall not include the following: interior loading and parking areas, atriums except the first floor area, rooftop mechanical equipment enclosures, and the enclosed mall areas of shopping centers.

(36)

Foster home for handicapped children: An institution licensed by the State of Missouri providing sleeping and living accommodations for the full-time care, training, recreation, and convalescent needs of five (5) or more physically or mentally handicapped minors.

(37)

Frontage: That edge of a lot bordering a street.

(38)

Golf course: An area or course for playing golf, consisting of at least nine (9) holes, except miniature golf, within which the playing area is not artificially illuminated.

(39)

Golf, miniature: A commercial recreation facility, resembling golf, containing short "holes" the majority of which are under three hundred (300) feet in length, and primarily utilizing putting irons.

(40)

Grade: The average level of the finished surface of the ground adjacent to the exterior walls of the building.

(41)

Group day care home: See definition for child care center.

(42)

Group home for the elderly: A facility licensed by the State of Missouri providing twenty-four (24) consecutive hour care for three (3) or more persons who by reason of aging require services furnished by a facility that provides shelter, board, storage and distribution of medicines, and protective oversight, including care during short-term illness or recuperation.

(43)

Gymnasium: A building or portion thereof used for athletic training or sports activities, including accessory seating for spectators.

(44)

Height, building: The vertical distance measured from the curb level to the highest point of the roof surface, if a flat roof; to the deck line of mansard roofs; and to the mean height level between eaves and ridges for gable and gambrel roofs. For buildings set back from the street line, the height of the building may be measured from the average elevation of the finished grade along the front of the building.

(45)

Heliport: A facility for the servicing, take-off and landing of helicopters, which is open to public use.

(46)

Home occupation: Any occupation or profession carried on by a member of a family residing on the premises, provided that in connection therewith no sign is used other than the sign permitted in section 17.5-5(2)(a)(2) of Chapter 17.5 of the Code of Ordinances of the City of Black Jack; provided that no commodity is sold upon the premises; provided that no person is employed other than a member of the immediate family residing on the premises; provided that no mechanical equipment is installed except such that is normally used for purely domestic or household purposes; and provided that not over twenty-five (25) percent of the total actual floor area of any story is used for home occupation or professional purposes.

(47)

Hospice: Residential and care facility for the terminally ill on the premises of a hospital or nursing home and operated in conjunction therewith.

(48)

Hospital: An institution providing medical and surgical care for humans only, for both in- and out-patients, including medical service, training, and research facilities.

(49)

Hotel: A building in which lodging is provided to the public usually on a transient basis.

(50)

Hotel, motor (motel): A roadside hotel for motorists.

(51)

House trailer (mobile home): A self-contained mobile structure intended to be used for dwelling purposes which has been, or reasonably may be, equipped with wheels or other devices for transporting said structure.

(52)

Intermittent lighting: A method of lighting, such as for signs, where artificial or reflected light is not maintained stationary or constant in intensity or color.

(53)

Junkyard: A parcel of land on which waste material or inoperative vehicles and other machinery is collected, stored, salvaged or sold.

(54)

Kennel: The use of land or buildings for the purpose of selling, breeding, boarding, or training dogs or cats or both, or the keeping of four (4) or more dogs over four (4) months of age, or keeping six (6) or more cats over four (4) months of age, or the keeping of more than five (5) dogs and cats. The word "selling" as herein used shall not be construed to include the sale of animals four (4) months of age or younger which are the natural increase of animals kept by persons not operating a kennel as herein defined; nor shall selling be determined to include isolated sales of animals over four (4) months old by persons not operating a kennel as herein defined.

(55)

Large lot roadway easement: A private thoroughfare which provides a means of access to lots with a large lot subdivision.

(56)

Loading space: A durably paved, properly graded for drainage, off-street space used for the loading and unloading of vehicles, except passenger vehicles, in connection with the use of the property on which such space is located. Each such designated space shall comply with the dimensional requirements set forth in Section 220, "Off-Street Parking and Loading Requirements," of this Zoning Ordinance.

(57)

Lot: A platted parcel of land intended to be separately owned, developed, and otherwise used as a unit.

(58)

Lot, corner: A platted parcel of land abutting two (2) road rights-of-way at their intersection.

(59)

Lot (parcel) of record: A lot which is part of a subdivision, the plat of which has been legally approved and recorded in the Office of the Recorder of Deeds of St. Louis County, or a parcel of land which was legally approved and the deed recorded in the Office of the Recorder of Deeds.

(60)

Mall: An enclosed public way upon which business establishments have direct access and which serves primarily for the movement of pedestrians, with trees, benches, or other furnishings provided and with vehicular access prohibited, restricted, or reduced so as to emphasize pedestrian use.

(61)

Material improvement: Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition "material improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living-conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

(62)

Medical or dental office (clinic): A facility for the practice of medicine or dentistry for humans, including accessory diagnostic laboratories, but not including in-patient or overnight care, or operating rooms for major surgery.

(63)

Multiple-family access easement: A private thoroughfare which provides a means of access to parking areas and bays and to abutting buildings which are developed solely or principally as multiple-family dwellings.

(64)

Nonconforming land use or structure: A land use or structure which existed lawfully on the date that this Zoning Ordinance or any amendment thereto became effective and which fails to conform to one or more of the applicable regulations in the Zoning Ordinance or amendment thereto, except minimum lot area, yard and setback requirements.

(65)

Nursery, day: A building used for the supervision and care of five (5) or more preschool children, other than those of the operator, during daylight hours.

(66)

Nursery school: A prekindergarten school for children, primarily between the ages of three (3) and five (5), as licensed by the State of Missouri.

(67)

Nursing home: A building intended for use as a medical care facility for persons who need nursing care and medical service, but do not require intensive hospital care, as licensed by the State of Missouri.

(68)

Office: A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.

(69)

Parcel (tract) of land: A separately designated area of land delineated by identifiable legally recorded boundary lines.

(70)

Park: An area open to the general public and reserved for recreational, educational or scenic purposes.

(71)

Parking area: An area of land used or intended for off-street parking facilities for motor vehicles.

(72)

Parking space: A durably paved, properly graded for drainage, usable space, enclosed in a main building or in an accessory building, or unenclosed, reserved for the temporary storage of one vehicle, and connected to a street, alley, or other designated roadway by a surfaced aisle or driveway. Each such designated space shall comply with the dimensional requirements set forth in Section 220, "Off Street Parking and Loading Requirements," of this Zoning Ordinance.

(73)

Parkway: A road or roadway intended to be used primarily for passenger vehicles and developed with a park-like or scenic character, with recreational uses.

(74)

Pave (pavement): The act or result of applying a hard, water-tight material to any ground surface in such manner as to present a uniform surface over large areas.

(75)

Plat: A subdivision of land legally approved and recorded.

(76)

Plant nursery: A farm, garden, or other cultivated land together with accessory structures designed and intended to be used only for the cultivation and sale of live vegetation.

(77)

Property line: The legally recorded boundary of a lot, tract, or other parcel of land.

(78)

Public utility facility, local: A public utility facility serving a local area only, such as an electric substation, a water or gas pumping or regulating station, a telephone switching center.

(79)

Residence: Any building which is designed or used exclusively for residential purposes, except hotels and motels.

(80)

Retreat: A building or group of buildings with designated open areas utilized and maintained for educational and religious conclaves, seminars, and similar activities by particular educational, religious, fraternal or other groups, but specifically excluding overnight lodging functions.

(81)

Riding stable: A building and designated site intended or used as a shelter for horses or ponies, which provides for commercial boarding, hire, sale, or training of such animals.

(82)

Roadway: The entire improved area within public or private vehicular easement or right-of-way lines.

(83)

Roadway right-of-way line: The boundary which divides a lot from a public or private roadway.

(84)

Sanitary landfill: A type of operation in which refuse and earth or other suitable cover material is deposited in alternate layers of specified depth in accordance with a definite plan on a specified portion of open land, with each layer being compacted by force applied by mechanical equipment. Part of this operation may include the composting of yard wastes, as authorized on an improved plan. Such operation must be licensed by the appropriate local, state and federal authorities.

(85)

Self care unit: A nursing facility located on the same premises as a full care nursing home and providing semi-independent apartment style living accommodations for residents, including separate cooking facilities for each living unit or cluster of living units.

(86)

Semi-finished material: Material which has gone through one or more stages of processing.

(87)

Setback (building line): The required minimum distance from a road right-of-way or lot line that establishes the area within which a structure can be erected or placed, except as may be permitted elsewhere in this ordinance.

(88)

Sight distance triangle: The triangular area of a corner lot bound by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.

(89)

Sign: A structure or device designed or intended to convey information to the public in written or pictorial form. Sign regulations are set forth in Chapter 17.5, "Signs," of this Code.

(90)

Specialized private schools: An institution for students at the elementary, junior or senior high level who have physical or mental characteristics which requite specialized or individual instruction.

(91)

Stable, private: A detached building accessory to a residential use for the keeping of horses owned by the occupants of the premises and which shall not be used for any commercial purpose, including the boarding, hire, sale, or training of horses.

(92)

Story: The horizontal segment of a building between the floor surface and the ceiling next above it, and wholly above grade.

(93)

Street: A paved public or private vehicular right-of-way which provides access to abutting properties from the front.

(94)

Structure: Any assembly of material forming a construction for occupancy or use, including, without limitation, decks; swimming pools, whether in-ground or above ground; storage buildings, whether prefabricated or built in place; satellite dishes exceeding eighteen (18) inches in diameter; and similarly related devices, excepting, however, utility poles and appurtenances thereto, underground distribution or collection pipes or cables, and underground or ground level appurtenances thereto.

(95)

Substantial construction, development or work: "Actual construction" is hereby defined to be the placing of construction materials of a building in permanent position and fastened in a permanent manner upon or in the foundation or basement excavation of a building. The previous recordings of a subdivision plat; the grading of land; the installation of sanitary sewers if such are not permanently positioned and permanently fastened in or upon the foundation or basement excavation of a building; the construction of streets or sidewalks. The installation of utility supply lines, if such are not permanently positioned and permanently fastened to a building, or in or upon the foundation or basement excavation of a building, shall not be deemed for the purpose of this ordinance as constituting actual construction of a building. In a project involving no structures or insignificant structures, the completion of grading.

(96)

Tavern: A building or lot of record or tract of land where liquors or other alcoholic beverages are sold to be consumed on the premises.

(97)

Use: As utilized in this Zoning Ordinance, "use" is any functional, social, or technological activity, which is imposed or applied to land or to structures on the land.

(98)

Vehicle service center: Any structure or premises used for the servicing and minor repair of vehicles within enclosed service bays or stalls, including diagnostic services, lubrication of vehicles, and minor engine repair such as tune-ups, and the sale and installation of minor parts and accessories such as tires, batteries, shock absorbers, brakes, mufflers and tail pipes. This use shall not include any establishment engaged in major repair work such as the installation or removal of engines, radiators, transmissions, differential, fenders, doors, bumpers or other major body or mechanical parts, spray painting, tire recapping or vulcanizing, or the storage of wrecked or damaged and immobilized vehicles.

(99)

Veterinary clinic (animal hospital): A facility for the practice of veterinary medicine.

(100)

Warehouse: A structure for use as a storage place for goods, materials or merchandise.

(101)

Yard: An open area between the structure setback lines of a lot as established by the regulations of a particular zoning district, and the property lines of the same lot.

(102)

Yard, front: A space extending across the entire front of a lot between the structure setback line as required by the regulations of a particular zoning district and the roadway right-of-way line.

(103)

Yard, rear: A space opposite the front yard, extending across the entire rear of a lot between the structure setback line as required by the regulations of a particular zoning district and the rear lot line.

(104)

Yard, side: A space extending between the structure setback line as required by the regulations of a particular zoning district and the side lot lines measured between the front yard and the rear yard.

(105)

Yard wastes: Materials produced as a result of lawn and garden care and maintenance, including leaves, grass clippings, yard and garden vegetation, shrubs, vegetable and flower garden wastes, brush, and trees (and Christmas trees), but not including stumps, roots, or shrubs with intact root balls.

(106)

Zoning Map: The District Zoning Map, City of Black Jack.

(107)

Zoning Ordinance: This ordinance and all amendments thereto.

(Ord. No. 742, § 2, 2-19-02; Ord. No. 803, § 1, 10-21-03; Ord. No. 893, § 1, 9-19-06; Ord. No. 942, § 1, 7-15-08; Ord. No. 1084 , § 1, 11-3-15)