§ 25-1. Definitions.
For the purposes of this chapter, the following words and terms shall have the meanings ascribed to them by this section:
Accessory building or use. A subordinate building having a use secondary to any location on the lot occupied by the main building, or any use secondary to the main use of the property. A building housing an accessory use is considered an integral part of the main use with respect to set backs for the back or side lines of properties otherwise abutting on a street.
Adult entertainment business means any enterprise to which the public, patrons or members are invited or admitted, and where providing "adult entertainment" as defined herein, is a portion of its business;
(1)
Adult motion picture theater means an establishment containing a room with seats facing a screen or projection area, where a regular and substantial business purpose is the exhibition to customers of films, videotapes, or motion pictures which are intended to provide sexual stimulation or sexual gratification to the customers and which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
(2)
Body painting studio means an establishment where a regular and substantial business purpose is the maintaining, operating, or offering for compensation the applying of paint or other substance to or on the human body by any means of application, technique or process when the subject's body is displaying for the customer's view "specified anatomical areas."
(3)
Bath house means an enterprise where a regular and substantial business purpose is offering baths with other persons present who are nude or displaying "specified anatomical areas."
(4)
Adult motel means an enterprise where a regular and substantial business purpose is offering public accommodations for consideration for the purpose of viewing closed circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or 'specified anatomical areas" and rents room accommodations for less than six (6) hours at a time.
(5)
Adult entertainment can also mean any live exhibition, performance, display or dance of any type, conducted in an "adult entertainment business" including but not limited to, posing or serving food or beverages or soliciting for the sale of food, beverages or entertainment or pantomiming or modeling or removal of clothing on an adult entertainment business premises where such exhibition, performance, display or dance is intended to seek to arouse or excite the sexual desires of the entertainer, other entertainers or patrons or members, and such exhibition, performance, display or dance is characterized by emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons or members.
Apartment. A room or suite of rooms within an apartment house arranged, intended or designed for a place of residence of a single housekeeping unit.
Apartment hotel. An apartment house which furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public.
Apartment house. A building or portion thereof designed, used or intended to be used as a residence for three (3) or more families, living in separate apartments.
Basement. A story below the first story, as defined under "story," counted as a story for height regulations if subdivided and used for dwelling purposes, other than by a janitor or watchman employed on the premises.
Bed and breakfast. An owner-occupied short term lodging facility that provides meals and lodging for compensation on a daily basis in R-1, R-2, and R-3 zones (See Special Use section, this chapter).
Block. A piece or parcel of land entirely surrounded by public streets or highways, other than alleys. In cases where the platting is incomplete or disconnected, the zoning administrator shall determine the outline of the block.
Boardinghouse or lodging house. A dwelling occupied as a single housekeeping unit, where lodging or meals are provided for three (3) or more persons for compensation, pursuant to previous arrangements, but not for the public or transients.
Building. A structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels.
Building, attached. A building having two (2) walls in common with other buildings except that end buildings may have only one (1) wall in common.
Building, detached. A building having no walls in common with other buildings.
Building, main or principal. The building in which is conducted the main or principal use of the lot on which it is located.
Codes and planning director. For the purposes of this section, the job title of codes and planning director shall refer to the same person as may be referred to as codes administrator or code administrator or zoning administrator or building official or floodplain manager or plat officer.
Communal houses—Residential A. A dwelling occupied as a single housekeeping unit, where residential lodging is provided for five (5) or more persons not related by blood or marriage, with rooms or spaces which are available for use as common areas for assembly purposes (e.g., recreational or social) that are not greater than forty (40) percent, cumulatively, of the gross floor area of said dwelling.
Communal houses—Residential B. A dwelling occupied as a single housekeeping unit, where residential lodging is provided for five (5) or more persons not related by blood or marriage, with rooms or spaces which are available for use as common areas for assembly purposes (e.g., recreational or social) that are greater than forty (40) percent, cumulatively, of the gross floor area of said dwelling.
Communal houses—Nonresidential. Any building or structure owned or occupied by persons having a common association which is not used for residential lodging purposes, and which is used primarily for assembly purposes (e.g., recreational or social). Nonresidential communal houses shall be considered as assembly halls.
Court. An open space, other than a yard, on the same lot with a building, which is bounded on two (2) or more sides by, but is not totally enclosed by, the walls of such buildings.
Day nursery. A day nursery shall have ten (10) children or less and shall be considered as a home occupation. Such a nursery shall be conducted in a building used for dwelling purposes.
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 apartment hotels, but not hotels.
Dwelling, multiple. A building or portion thereof arranged, intended or designed for occupancy by three (3) or more families, including apartment houses, row houses, tenements and apartment hotels.
Dwelling, single-family. A detached building, other than a mobile home, arranged, intended, or designed for occupancy by one (1) family and where lodging or meals may be provided for not more than two (2) persons for compensation.
Also includes any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, together with two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the persons residing in the home.
Also includes any private residence licensed by the division of family services or department of mental health to provide foster care to one (1) or more but less than seven (7) children who are unrelated to either foster parent by blood, marriage or adoption.
Dwelling, two-family. A building arranged, intended or designed for occupancy by two (2) families.
Dwelling unit. One (1) or more rooms connected together, constituting a separate, independent housekeeping establishment for owner-occupancy or rental or lease on a weekly, monthly or longer basis, physically separated from any other rooms or dwelling units which may be in the same structure and containing independent cooking and sleeping facilities.
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 four (4) persons (excluding servants) living together, by joint agreement, and occupying a single housekeeping unit with single kitchen facilities on a nonprofit, cost-sharing basis.
Foundation, permanent. Foundation walls that are considered permanent in nature and meet the criteria of the current building code adopted by the city. In the case of manufactured homes, in addition to load bearing interior piers, permanent foundation shall also include an abutting perimeter masonry or concrete walls.
Garage, private. An accessory building primarily for the storage of motor vehicles.
Garage, public. A building or portion thereof designed or used for the storage, sale, hiring, care or repair of motor vehicles and which is operated for commercial purposes.
Garage, storage. A building or portion thereof, providing storage for motor vehicles with facilities for washing, but no other services.
Gross floor area. Gross floor area shall be considered as the floor area within the perimeter of the outside walls of the building under consideration without deduction for hallways, stairs, closets, thickness of walls, columns, or any other features.
Heights of buildings. The vertical distance measured from the highest of the following three (3) levels:
(a)
From the street curb level;
(b)
From the established or mean street grade in case the curb has not been constructed;
(c)
From the average finished ground level adjoining the building if it sets 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 or to the mean height level of the top of the main plates and highest ridge for other roofs.
Historic district. An area designated as all lots being zoned "H - Historic" by ordinance of the city council which may include individual landmarks, as well as other properties or structures which, while not of such historic and or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics and historical significance of the historic district.
Hotel. A building occupied or used as a more or less temporary abiding place of individuals or groups of individuals who are lodged with or without meals, and in which there are more than twelve (12) sleeping rooms, and no provisions for cooking in individual rooms.
Landmark. A property or structure designated as a "landmark" by ordinance of the city council, pursuant to procedures prescribed in the historic preservation ordinance, which is worthy of rehabilitation, restoration, interpretation and preservation because of its historic, architectural or archaeological significance to the City of Kirksville, and zoned appropriately as an "H - Historic" overlay property.
Lot. A parcel of land of, at least, sufficient size to meet the minimum zoning requirements for use, coverage and area and to provide such yards and other spaces as are required in this chapter. Such lot shall have frontage on an improved public street or on an approved private street and may consist of:
(a)
A single lot of record;
(b)
A portion of a lot of record;
(c)
A combination of complete lots of record, of complete lots of record and portions of lots of record or of portions of lots of record;
(d)
A parcel of land described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.
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 administrator.
Lot depth. The mean horizontal distance from the front street line to the rear line.
Lot, interior. A lot whose side lines do not abut upon any street.
Lot lines. The lines bounding a lot as defined herein.
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 most distant from the front street line, except that in the case of uncertainty the zoning administrator shall determine the rear line.
Lot line, side. Any lot boundary line not a front or rear line thereof. A side lot line may be a party lot line, a line bordering on an alley or place or a side street line.
Lot of record. A lot which is part of a subdivision recorded in the office of the county recorder; or a lot or parcel described by metes and bounds, the description of which has been so recorded.
Lot, through. An interior lot having frontage on two (2) streets.
Lot types. The diagram which follows illustrates terminology used in this chapter with reference to corner lots:
Lot types
In the diagram;
A = Corner lot. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty-five (135) degrees. See lots marked A(1) in the diagram.
B = Interior lot.
C = Through lot. Through lots abutting two (2) streets may be referred to as double frontage lots.
D = Reversed frontage lot; defined as a lot on which the frontage Is at right angles or approximately right angles (interior angle less than one hundred thirty-five (135) degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot (A-D in the diagram), an interior lot (B-D) or a through lot (C-D).
Lot width. The mean horizontal distance between side lines, measured at right angles to the depth.
Manufactured housing, double-wide. Same as mobile home except:
(1)
Must be a minimum of twenty-six (26) feet wide and transported in more than one (1) single unit as a finished dwelling unit;
(2)
May be located in any R2S, R3S, R4S zone or planned unit development (PUD) if:
a.
Placed on a permanent foundation: Foundations shall meet the most current adopted building code of the city.
b.
Location on the site meets all standard zoning requirements contained in this chapter.
In addition, a manufactured home/double-wide shall be subject to the following:
(a)
The home must be occupied only as a one-family dwelling or as a two-family dwelling if so designed, and meets proper zoning criteria.
(b)
Roof must be gable or hip roof of three in twelve (3:12) pitch or greater and covered with material that is residential in appearance. All roof structures shall provide an eaves projection of no less than twelve (12) inches and no greater than thirty (30) inches excluding gutter dimensions.
(c)
Have proper guttering attached.
(d)
Have exterior surface and window treatments that to the maximum extent possible are architecturally compatible with those of neighboring properties.
(e)
Have the tongue and running gear including axles removed.
(f)
Maintain a minimum of eighteen (18) inches of crawl space under the entire structure.
(g)
Have permanent steps set at all exits.
(h)
Must be serviced by and connected to city utilities.
(i)
Property owner shall declare the manufactured or modular home as real property and must so record said property with the county assessor.
Manufactured housing, modular. A dwelling that meets local and federal building code regulations.
Mobile home. A single-family dwelling unit that has the following characteristics:
(1)
Designed for long-term occupancy containing sleeping accommodations, a 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 and remain on its own wheels, flatbed, frame or detachable wheels;
(3)
Arrives at the site where it is to be occupied as a dwelling unit ready for occupancy, except for minor and incidental unpacking and assembly operations, location on foundation support as approved by manufacturer's design, connection to utilities and the like;
(4)
Less than twenty-six (26) feet wide as a finished dwelling unit;
(5)
A mobile home must be located in a mobile home park.
Mobile home park. A plot of ground upon which two (2) or more mobile homes, occupied for sleeping or dwelling purposes, are located, regardless of whether or not a charge is made for such accommodations.
Mobile home, double-wide. See manufactured housing, double wide.
Motel. A building or a group of buildings, whether detached, semidetached or attached, providing lodging for primarily transient automobile travelers. A motel may contain restaurants and other accessory services for serving its residents as well as the public.
Nonconforming use, building or yard. A use, building or yard which does not, by reason of design, use or dimensions, conform to the regulations of the district in which it is situated. It shall be a legal nonconforming use if it is legally established prior to the passage of this chapter, and it shall be an illegal nonconforming use if it is established after the passage of this chapter and not otherwise approved as provided in this chapter.
Parking. See Article IV of Appendix A—Zoning.
Parking space. For off-street parking computations, a parking space shall have minimum dimensions of nine (9) feet by eighteen (18) feet for both commercial and residential usage.
Place. An open, unoccupied space, other than a street or alley, permanently established or dedicated as the principal means of access to property abutting thereon.
Planned unit development (P.U.D.). A zoning method which permits a variety of uses in a development. The P.U.D. is permitted in any zoning class except M-2, Heavy Industrial. P.U.D.'s shall require a development plan and follow the procedures for rezoning found in section 25-12 of this chapter. Example: (P.U.D.) A single-family neighborhood with a car wash, fuel station and convenience store in the proposal.
Planned zoning district. The zoning designation of a lot or tract which permits development as is specifically depicted on plans approved in the process of rezoning that lot or tract.
Sea going container. Also known as sea container, sea cargo container, or sea storage container, this is a rectangular metal container primarily used on ocean-going ships that contain freight or goods and provides protection from the elements. Has a large door or doors at one end of the container. Many times has advertising on the sides with the company name of the original owner.
Sex offender means any individual who has been sentenced for committing a sexual offense, has a past conviction for an offense involving sexually deviant behavior, has displayed sexually deviant behavior in the commission of any offense, or has admitted committing sexually deviant behavior.
Special use permit. An act of granting permission to use land in a manner not permitted in a given zoning district. The process of granting a special use permit requires a public hearing before the planning and zoning commission and approval of a special use permit ordinance by the city council setting forth the terms and conditions of said special use.
The granting of a special use permit should be conditional to the findings that there will be no substantial injury to the value of other property in the neighborhood in which it is to be located, public conveniences will be served by the proposed special use, and that the proposed special use is compatible with surrounding permitted uses. The granting of a special use permit may be subject to certain conditions reasonably necessary to meet such standards. Examples of standards could be: site buffering or screening, landscaping, setting hours of operation, restriction of merchandise sold, building setbacks, noise level management, stormwater management, advertising signage limits, building exterior standards, number of employees, etc.
Specified anatomical area means:
(1)
Human male or female genitals or pubic area with less than a fully opaque covering; or
(2)
Human buttocks including any portion of the anal cleft or cleavage of the male or female buttocks with less than a fully opaque covering; or
(3)
The female breast or breasts below a point immediately above the top of the areola encircling the nipple with less than a fully opaque covering, or any combination of the foregoing; or
(4)
Human male genitals in a discernibly erect state, even if completely and opaquely covered.
Specified sexual activities means sexual conduct, being actual or simulated, acts of human masturbation; sexual intercourse; or physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female; or any sadomasochistic abuse or acts including animals or any latent object in an act of apparent sexual stimulation or gratification.
Stable, private. An accessory building for the keeping of horses, ponies, mules or cows, owned by occupants of the premises and not kept for remuneration, hire or sale.
Stable, public. A stable other than a private or riding stable as defined herein.
Stable, riding. A structure in which horses, ponies or mules, used exclusively for pleasure riding or driving, are housed, boarded or kept for hire, including a riding track.
Story. That part of a building included between the surface of one floor and the surface of the floor next above or, if there is no floor above, that part of the building which is above the surface of the highest floor thereof. A "top story attic" is a half-story when the main line of the eaves is not above the middle of the interior height of such story. The "first story" is the highest story having its interior floor surface not more than four (4) feet above the curb level, established or mean street grade or average ground level, as mentioned in "height of buildings."
Street. A thoroughfare which affords the principal means of access to property abutting thereon.
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 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. The, words "structure" includes the word "building."
Swimming pool. A permanent structure containing a body of water intended for recreational uses, including wading pools.
Tourist and trailer camp. A tract or parcel of land where temporary accommodations are provided for two (2) or more travel trailers, campers, trailer coaches or tents open to the public, either free or for a fee.
Travel trailer. A vehicular, portable, Structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight (8) feet.
Used for includes the meaning "designed for" or "intended for."
Variance. A modification or variation of the provisions of this chapter, 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 main building shall be used, the following diagram shall designate the location and measurements of yards on lots:
The illustration here assumes front yard depths required at twenty-five (25) feet, side yard width is fifteen (15) feet, and rear yard depth is thirty (30) feet.
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, extending entirely from the front yard to the rear yard thereof.
(Ord. No. 10904, 3-19-90; Ord. No. 11029, § 1, 4-6-92; Ord. No. 11296, 6-16-97; Ord. No. 11440, §§ 1, 2, 3-20-2000; Ord. No. 11744, § 1, 2-6-2006; Ord. No. 11813, 11-6-2007; Ord. No. 11858, 2-23-2009; Ord. No. 11996, § 1, 3-19-2012; Ord. No. 12157 , § 1, 4-20-2015)