§ 1.1. Terms are defined.

Words used in the present tense include the future. The singular number includes the plural and plural the singular. "May" and "shall" are mandatory.

(a)

Accessory building is a part of the main building, or a separate building, located on the same lot with the main building, devoted to an accessory use.

(b)

Accessory use means a use subordinate to and incidental to the primary actual use of the main building or to the primary actual use of the premises.

(c)

Antenna dish or disk is an accessory component; it is any circular or similar dish shaped receiving antenna used for receiving television signals from a satellite.

(Ord. No. 2746, § 1, 8-5-85; Ord. No. 2766, § 2, 2-3-86)

(d)

Apartment hotel is a multiple dwelling under resident supervision which maintains an inner lobby through which all tenants must pass to gain access to the apartments and which may furnish services ordinarily furnished by hotels, such as drugstore, barbershop, cosmetologist's shop, cigar stand or newsstand, when such uses are located entirely within a building with no entrance from the street nor visible from any sidewalk, and having no sign or display visible from the outside of the building indicating the existence of such use.

(e)

Basement has less than one-half its height below grade; a cellar has more than one-half its height below grade. If a basement is subdivided and used for dwelling purposes it is counted as a story; a cellar is not.

(f)

Board means the Board of Adjustment established in Part 8.

(g)

Build means to erect, convert, enlarge, reconstruct or structurally alter a building or structure.

(h)

Building means anything built, constructed or erected having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattel, including, but not limited to, structures.

(i)

Building line is 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.

(j)

Center line of a street is a line halfway between the street lines.

(k)

Chapter means Appendix C to the Code of General Ordinances, City of Boonville, Missouri.

(l)

City means City of Boonville, Missouri.

(m)

City Council means the city council of Boonville.

(n)

Clinic is an establishment occupied by one or members of a healing profession.

(o)

Commission means the city planning commission of the City of Boonville.

(p)

Corner lots (lots abutting on two or more streets at their intersection)—The front yard shall face the shortest street dimension of the lot except that if the lot is square or almost square, i.e., has dimensions in a ratio of from 3:2 to 3:3, then the front yard may face either street.

(q)

District means a part of the city wherein regulations of this ordinance are uniform.

(q).1.  Dock means the location where an excursion gambling boat is continuously docked or where an excursion gambling boat moors for the purpose of embarking passengers for and disembarking passengers from a gambling excursion.

(r)(1)  Dwelling means a building used entirely for residential purposes, but not hotels or motels, and must have:

a.

A roof pitch of no less than three inches of vertical rise to every 12 inches of horizontal run.

b.

Roofing materials consisting of composition asphalt shingle, fiberglass shingle, wood shake, baked tile, crushed rock or other material commonly accepted in the industry and approved by the building inspector.

c.

A roof overhang of not less than one foot measured from the vertical side of the home. When attached carports, garages, porches or similar structures are an integral part of the home, this overhang may be waived where the accessory structure is attached to the home.

d.

Siding material consisting of wood or wood products, stucco, brick, horizontal lap steel or aluminum, horizontal lap vinyl or rock.

e.

Proper guttering attached.

(2)

Single-family dwelling means a building that contains only one living unit. All single family dwellings must have exterior dimension, excluding garages, carports and accessory buildings of not less than 24 feet by 40 feet. Single-family dwelling includes a manufactured or modular unit which, when placed on site:

a.

Is permanently installed on a properly engineered, enclosed foundation system in accordance with the BOCA Basic Building Code and approved by the building inspector. The building inspector may require a plan to be certified by a registered architect or engineer. At the building inspector's discretion, the building inspector may or may not issue a building permit based upon code enforcement procedures contained in Chapter 5, Articles I and II, of the Code of General Ordinances of the City of Boonville.

b.

Is installed in accordance with the manufacturer's instruction on axles, running gear, and lights and towing apparatus removed.

(3)

Two-family dwelling means a building that contains only two living units.

(4)

Multiple dwelling means a building that contains more than two living units.

(r).1.  Excursion gambling boat means a boat, ferry or floating facility licensed by the Missouri Gaming Commission pursuant to Chapter 313, RSMo, as amended, on which gambling games are allowed pursuant to applicable law.

(s)

Family means one or more persons related by blood, marriage, or adoption; or a group of not more than five persons who are not related by blood or marriage or adoption occupying a living unit as an individual housekeeping organization.

(t)

Farm. An area which is used for the growing of the usual farm products such as vegetables, fruit, trees and grain, and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep and swine.

(u)

Floor area means the square feet of floor space within the outside line of walls and includes the total of 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.

(v)

Front yard is the area from one side lot line to the other side lot line and between the wall of the building nearest the street on which the lot fronts and the line of that wall extended and the front street line of the lot. A front yard line is a line parallel to the street and as far back from the street as required in this ordinance. The terms "front yard line" and "building line" are synonyImous.

(w)

Frontage means the distance along a street line from one intersecting street to another or from one intersecting street to a dead end of a dead-end street.

(x)

Garage apartment. A living unit for not more than one family erected above a garage, adjacent to a garage or on the rear on the lot.

(y)

Grade is the average level of the finished surface of the ground for buildings more than five feet from a street line. For buildings closer than five feet to a street the grade is the sidewalk elevation at the center of the building. If there is no sidewalk the City Engineer shall establish the sidewalk grade.

(z)

Height of a building is the vertical distance from the grade to:

1.

The highest point of a flat roof.

2.

The deck line of a mansard roof, or

3.

The average height between the eaves and ridge for gable, hip and gambrel roofs.

(aa)

Home occupation is an accessory use; it is an activity carried on only by a resident member of a family meeting these conditions: Only one non-illuminated sign no larger than two square feet in area is used, which sign is attached to the building; nothing is done to make the building or premises appear in any way as anything but a dwelling; only one person is employed from outside the resident family; mechanical equipment used does not constitute a nuisance.

(ab)

Hotel is a dwelling not consisting of living units and occupied by more than 20 persons as a temporary place of residence by individuals who are lodged for compensation.

(ac)

Institution is a nonprofit establishment for public use.

(ad)

Living unit means the room or rooms occupied by a family. The living unit must include a kitchen.

(ae)

Lodginghouse means a dwelling consisting of not more than one living unit occupied by not more than 20 persons not related to by blood, marriage or adoption where a room is provided for compensation. This term includes roominghouse, boardinghouse and tourist home.

(af)

Lot means a parcel, plot or tract of land adequate for occupancy by a use herein permitted, provided the yards, area, and off-street parking are as herein required and fronting directly upon a street.

(ag)

Lot area is 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.

(ah)

Lot depth is the mean horizontal distance from the front street line to the rear lot line of a lot.

(ai)

Lot frontage is the width of a lot measured along a street.

(aj)

Lot width means the mean horizontal distance between the side lines of the lot measured at right angles to the depth. Buildable width is the width of lot left to be built upon after the side yards are provided.

(ak)

Main building is the building occupied by the primary use.

(al)

Manufactured or modular home means a factory-fabricated transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational or industrial purposes and bearing a seal issued by the U.S. Department of Housing and Urban Development according to Missouri Statute Section 700.010 et seq. or meets current BOCA standards.

(am)

Mobile home means a factory-built structure or structures which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, contains 320 or more square feet 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. The phrase without a permanent foundation indicates that the support system is constructed with the intent that the mobile home placed thereon may be moved from time to time at the convenience of the owner.

(an)

Motel is an inn or group of cabins designed for occupancy by paying guests.

(ao)

Nonconforming use, yard or building is a use, yard or building that does not comply with the regulations of the district in which the use is made of the yard or building is situated.

(ap)

Nursing or convalescent home means a private home, institution, building, residence or other place, whether operated for profit or not, which provides maintenance, personal care or nursing for three or more individuals not related to the operator, who are unable to care for themselves; or provides sheltered care to three or more nonrelated individuals which includes treatment or services which meet a need of the individual beyond the basic requirements of food, shelter and laundry. The term shall not include the following:

1.

A home operated by the Federal or State Government or any agency or subdivision thereof.

2.

A hospital or other institution whose principal activity is to provide facilities for the care or treatment of persons suffering from a mental or nervous disorder.

3.

A hospital licensed under provisions of Chapter 197 RSMo.

4.

Any child welfare facility or maternity hospital which is licensed by the State of Missouri.

(aq)

Parking space is a paved area on a lot sufficient in size to store one automobile (not less than nine feet wide and 20 feet long) connected to a public street or alley by a driveway not less than ten feet wide and so arranged as to permit ingress and egress of the automobile at all times without moving any other automobile parking adjacent to the parking space.

(ar)

Premises means land together with any buildings occupying it.

(as)

Private garage is an accessory building housing vehicles owned and used by occupants of the main building. Where vehicles are used or housed by persons other than occupants, the building is a storage garage. Neither a private garage nor a storage garage may house more than one commercial vehicle.

(at)

Rear yard is the area from one side lot line to the other side lot line and from the rear lot line of the building nearest the rear lot line extended and the rear lot line. The rear yard is always on the opposite end of the lot from the front yard.

(au)

Separate tract is a parcel of land or a group of contiguous parcels of land under one ownership on the effective date of this ordinance.

(av)

Side yard is the area situated between the building and the side line of the lot and extending through the front yard line to the rear yard line. Any line not a rear line or front line shall deemed a side line.

(aw)

Sign is any outdoor advertising that is a structure or that is attached to, placed or painted on a building or that is leaned against the structure or displayed on any part of a premises. Detached sign (ground pole sign) is any sign supported by uprights or braces in or upon the ground surface.

(ax)

Story is the part of a building from one floor to the next floor above or to a ceiling above if there is not floor above. A half-story is space under a sloping roof; all of which space must be at least three feet high but not more than 60 per cent of which floor area may be finished off for use.

(ay)

Street means property dedicated for and accepted for primary access to lots. Alley means land devoted to secondary access to lots.

(az)

Street line is the dividing line between the street and the lot.

(ba)

Structure means 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 of four feet or less in height.

(bb)

Structural alteration means 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 or the exterior walls.

(bc)

Yard is an open space on the same lot as a building; except as provided herein it is unoccupied and unobstructed by a structure. Yard width or depth is the shortest horizontal distance from a lot line to the main building.

(Ord. No. 3295, § 1, 3-4-96; Ord. No. 3437, § 1, 9-15-97)