§ 65-2. Definitions.
For the purpose of this chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure"; and the word "shall" is mandatory and not directory.
Accessory building. A subordinate building which is incidental to the principal building or use and which is located on the same lot with such principal building or use.
Administrator. The City Administrator of Jackson, Missouri.
Agricultural (farm) use. An area which is used for the growing of typical 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. The term "farming" includes the operating of such an area for one (1) or more of the above uses, including dairy farms, with the necessary accessory uses for treating or storing the produce; provided, however, that the operation of such accessory uses shall be secondary to that of the normal farming activities and that such land shall consist of at least ten (10) acres in one (1) parcel under common ownership or operation; and provided, further, that farming does not include the feeding of collected garbage or offal to swine or other animals.
Alley. A permanent public service way dedicated for or in public use, other than a street, place, road, crosswalk, or easement, and designed to provide a secondary means of access for and not intended for general traffic circulation.
Apartment/apartment house. See definition of "dwelling, multiple."
Basement. That portion of a building which is partly or completely below grade (see "story above grade").
Basement home. A dwelling in which all four (4) exterior walls are at least one-half (½) of their height below grade.
Bed and breakfast. A dwelling containing less than six (6) guest rooms that are intended to be used or occupied, or are occupied for sleeping purposes by occasional guests for compensation, whether paid directly or indirectly, in which meals are made available family style and which dwelling is or has been used as a permanent family residence by its owner.
Boarding, lodging, or rooming house. A building or place where rooming and lodging, with or without meals, are provided (or which is equipped to regularly provide such services) by prearrangement for definite periods and for compensation for more than five (5) persons, but not more than twenty (20) persons. A boarding, lodging, or rooming house is distinguished from a hotel which is open to transients and has accommodations for six (6) or more persons.
Building. Any structure having a roof supported by columns or walls built for the support or enclosure of persons, animals, or tangible property of any kind but not including any vehicle, mobile home (with or without wheels), travel trailer, or any moveable device such as furniture, machinery, or equipment. When any portion of a building is completely separated from any other portion thereof by a division wall construed in accordance with the Building Code of the City of Jackson, then each such portion shall be deemed to be a separate building.
Building and planning superintendent. The Building and Planning Superintendent of Jackson, Missouri.
Building area. The area included within surrounding exterior walls, exclusive of vent shafts and courts. Areas of the building not provided with surrounding walls shall be included in the building area if included within the horizontal projection of the roof or floor above.
Building, height of. The vertical distance from the grade 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 the ridge for gable, hip, and gambrel roofs.
Building width. The width of the lot left to be built upon after the side yards are provided.
Child or daycare center. Any place, home, or institution which receives five (5) or more children under the age of seventeen (17) years and not of common parentage for care apart from their natural parents, legal guardians, or custodians when received for regular periods of time for compensation; provided, however, this definition shall not include public and private schools, organized, operated, or approved under the laws of this state; custody of children fixed by a court of competent jurisdiction; children related by blood or marriage within the third degree of the custodial person; or to churches or other religious or public institutions while their parents or legal guardians are attending services, meetings or classes, or are engaged in church activities.
City clerk. The City Clerk of Jackson, Missouri.
Clinic, medical , or dental. An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by a group of physicians or dentists practicing medicine or dentistry together.
Club. A building, or portion thereof, of premises owned or operated by a corporation, association, person, or persons for a social, educational, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
Commercial use. Generally, any business of a commercial nature that has as its primary function the direct sale of goods or services to the general public.
Commission. The Planning and Zoning Commission of Jackson, Missouri.
Comprehensive plan. An official document adopted by the City of Jackson setting forth a plan for the physical development of the community, including studies of land use, streets, traffic volume and flow, schools, parks, and other public buildings.
Condominium. A dwelling structure intended to be occupied by a number of single families and within which each single-family dwelling unit is sold to its occupants as an individually subdivided parcel of the entire structure.
Development complex. A group of related buildings or adjacent lots designed to share a primary access to a public right-of-way.
Director. The Public Works Director of the City of Jackson, Missouri.
District. A section or sections of the City of Jackson within which the zoning regulations are uniform.
District, overlay. A zoning district that provides general and specific regulations and development criteria in addition to the provisions of the underlying zoning district in which the property is located, typically to facilitate qualities of enhancement, historical preservation, environmental protection, or other specified purpose.
District, underlying/base. A zoning district that provides general provisions for allowable land use within a specified area or areas of the City of Jackson.
Drive-in restaurant or cafe. A restaurant, café, or similar establishment where the facilities or services are designed to permit food or beverages to be consumed on the premises, either inside or outside of the buildings or in automobiles parked on the premises, or to be purchased and picked up by automobiles.
Driveway. A minor private way used by vehicles and pedestrians for common access to a single lot or facility.
Dwelling. Any building or portion thereof which is designed and used exclusively for residential purposes.
Dwelling, attached single-family. One (1) of two (2) or more attached residential dwellings each designed exclusively for occupancy by one (1) family and located on an individual lot of record to be conveyed as part of the property that each unit occupies. Each unit shall contain separate ground floor front entrance to the outdoors, no unit shall be located over another unit or portion of another unit, and each unit shall be separated from any other unit by one (1) or more common fire-resistant walls.
Dwelling, detached single-family. A building designed for or occupied exclusively by one (1) family and entirely surrounded by a yard or other separation from buildings or adjacent lots.
Dwelling, multiple or apartment. A building or portion thereof designed for or occupied by three (3) or more families living independently of each other, exclusive of attached single-family dwellings, townhouses, patio houses, or condominiums on individually subdivided lots of records.
Dwelling, two-family. A building designed for or occupied by two (2) families living independently of each other, including a duplex, an attached single family dwelling of no more than two (2) units.
Dwelling unit. One (1) or more rooms in a dwelling designed for or intended to be occupied as independent and separate living quarters by a single family as defined herein, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
Earth contact homes. A dwelling in which one (1) or more sides are at least one-half (½) of their height below grade and one (1) or more sides above grade.
Family. One (1) or more persons related by blood, marriage, or adoption occupying a dwelling unit as an individual housekeeping organization and not more than two (2) other persons not related by blood, marriage, or adoption; or a group of not more than three (3) persons (excluding servants) not related by blood, marriage or adoption and living together as a single housekeeping organization in a dwelling unit.
Filling station. Any building or premises used for the sale at retail of motor vehicle fuels, oil, or accessories or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacement of motors, bodies, or fenders of motor vehicles, or painting motor vehicles, and excluding public garages.
Fire resistant wall. Any wall meeting the fire separation rating defined by the Building Code of the City of Jackson as appropriate to the use of the building.
Floor area. The total number of square feet of floor space within the exterior walls of a building, not including space in the basements, porches, carports, or garages. However, if the basement is used for business or commercial purposes, it shall be counted as floor area in computing off-street parking requirements.
Food truck. A mobile vehicle or trailer, whether attached or not attached to a vehicle, from which prepared food is sold directly to customers.
Frontage. All the property on one (1) side of a street between two (2) intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended then all the property abutting on one (1) side between an intersecting street and the dead end of the street, but not including property more than four hundred (400) feet distant on either side of a proposed building or structure.
Garage, commercial or public. A building or structure for the storage or parking of motor-driven vehicles and in which provisions may be made for fueling or normal servicing of such vehicles. The term servicing shall not include an automotive repair shop nor the rebuilding, dismantling, or storage of wrecked or junked vehicles.
Garage, private. A detached accessory building, or portion of the main building, housing the automobiles of the occupants of the premises; provided that no business, occupation, or service is conducted for profit therein nor space there for more than one (1) automobile is leased to a nonresident of the premises. Private garages, as defined in this chapter, shall not include portable buildings with garage doors.
Garage, storage or parking. A building or portion thereof designed or used exclusively for term storage by prearrangement of motor-driven vehicles, as distinguished from daily storage furnished to transients, but no motor-driven vehicles may be equipped, repaired, hired, or sold.
Grade plane. A reference plane representing the average of finished ground level adjoining the building at all exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six (6) feet from the building, between the building and a point six (6) feet from the building.
Home occupation. Any occupation or activity which is clearly incidental and secondary to the use of the premises for dwelling purposes and which is carried on wholly within the main building or an existing accessory building by an immediate member of the family residing on the premises; provided that:
(1)
No person not a resident of the premises is employed, engaged, or present on the premises in relation to the business.
(2)
No substantial stock in trade is kept or sold upon the premises.
(3)
No equipment shall be used which creates offensive noise, vibration, sound, smoke, dust, odors, heat, glare, x-ray, or electrical disturbance to radio or television instruments.
(4)
No generation of substantial volumes of vehicular or pedestrian traffic or substantial parking demand shall be created.
(5)
No advertising sign is displayed, other than a nameplate not exceeding one and one-half (1½) square foot in area, and there is no other exterior indication that the building is being used for any purpose other than a dwelling.
(6)
No signed or marked vehicle showing a business name or logo shall be parked on or adjacent to the premises except when used as the primary means of personal transportation to the residence by a person residing at the residence.
(7)
No business trailer shall be parked on or adjacent to the premises except when in actual use for the residence, but in no event shall it be kept overnight.
Hotel. Any building or portion thereof that contains six (6) or more guest rooms that are intended to be used or occupied, or are occupied for sleeping purposes, by guests for compensation, whether it is paid directly or indirectly, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge.
Industrial park. An industrial park is a tract of land, the control and administration of which are vested in a single body, suitable for industrial use because of location, topography, proper zoning, availability of utilities, and accessibility to transportation. The use permitted may be regulated by protective minimum restrictions (covenants) including the size of the site, parking and loading regulations, and building setback lines from front, side, and rear yards that may be more restrictive than this chapter.
Industry or industrial. The terms "industry" and "industrial," as used in this chapter, are restricted to establishments primarily involved in product manufacturing and processing, heavy equipment uses, and warehousing. It does not include retail and wholesale trades, agricultural uses, institutional uses, and other businesses that are primarily commercial in nature.
Institution. A building occupied by a nonprofit corporation or a nonprofit establishment for public use.
Internal roadway/internal roadway system. A privately owned and maintained street or series of connecting streets designed to facilitate traffic flow within a development complex where limited access to public rights-of-way has been provided.
Landscaped/landscaping. An area consisting of lawns, ponds, lakes, water fountains, trees, flowers, shrubs, ornamental grasses, vegetative groundcovers, or other ornamental features cultivated and maintained for the beautification of an area.
Landscaped buffer/green space buffer. An area consisting of lawn and/or landscaping, but not including street or roadway pavement, buildings, mechanical equipment, signage, parking areas, roadways, storage, loading, or service areas, or accessory structures other than fences.
Loading space. An off-street space or berth on the same lot with a building, or within a building, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley, or other appropriate means of access.
Long-term storage use. A use for storage exceeding six (6) consecutive months.
Lot. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one (1) main building, together with any accessory buildings, open spaces, and parking spaces required by this chapter and having its principal frontage upon a street or upon an officially approved place.
Lot, corner. A lot abutting upon two (2) or more streets at their intersection or upon a right-angle or near right-angle curve.
Lot, coverage. That percentage of a lot which, when viewed from above, would be covered by a structure or structures, or any part thereof, excluding roof eaves.
Lot, depth of. The mean (average) horizontal distance between the front and the rear lot lines.
Lot, double frontage. A lot having frontage on two (2) nonintersecting streets, as distinguished from a corner lot.
Lot line, front. In the case of an interior lot, the front lot line is the line separating the lot from a street or place; and in the case of a corner lot, the front lot line is the line that the main structure primarily faces.
Lot width. The dimension (width) of a lot, measured between side lot lines on the required building setback line for the district in which the lot is located.
Lot of record. A lot which is part of a subdivision, the map or plat of which has been recorded in the Office of the County Recorder of Cape Girardeau County, Missouri; or a lot or parcel of land, the deed of which had been recorded in the Office of the County Recorder of Cape Girardeau County, Missouri, prior to the adoption of this chapter.
Manufactured home/mobile home.
(1)
Manufactured home/mobile home means a factory-built structure or structures which, in traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, contains three hundred twenty (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 manufactured home placed thereon may be moved from time to time at the convenience of the owner.
(2)
Manufactured homes/mobile homes are those factory-built structures manufactured under the authority of the Federal Manufactured Home Construction and Safety Standards Act, effective June 15, 1976, and must carry a seal of approval of the U.S. Department of Housing and Urban Development (HUD) as required by the Missouri Public Service Commission.
(3)
The term "manufactured home" shall also include units defined as above if such units are in two (2) or more separately towable components designed to be joined into one (1) integral unit capable of being again separated into the components capable of repeated towing and includes two (2) or more manufactured home units joined into a single residential unit which are kept on separate chassis for repeated towing.
Manufactured business unit/mobile business unit.
(1)
Manufactured business unit/mobile business unit means a factory-built structure or structures which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, contains three hundred twenty (320) or more square feet, equipped with the necessary service connections and made as to be readily movable as a unit or units on its or their own running gear and designed to be used for commercial, educational, or industrial purposes with or without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the manufactured unit placed thereon may be moved from time to time at the convenience of the owner.
(2)
Manufactured business/mobile business units are those factory-built structures manufactured under the authority of the Federal Manufactured Home Construction and Safety Standards Act, effective June 15, 1976, and must carry a seal of approval of the U.S. Department of Housing and Urban Development (HUD) as required by the Missouri Public Service Commission.
(3)
The term "manufactured business unit" shall also include units defined as above if such units are in two (2) or more separately towable components designed to be joined into one (1) integral unit capable of being again separated into the components capable of repeated towing and includes two (2) or more manufactured units joined into a single business unit which is kept on separate chassis for repeated towing.
Manufacturer. An establishment whose primary function is the mechanical or chemical transformation or processing of materials or substances into new products, including the assembly of component parts and the blending of materials.
Mezzanine. An intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more than one-third ( 1/3 ) of the area of the room in which the level or levels are located.
Mobile home lot. The designated area of a parcel of land for the placement of a single mobile home and the exclusive use of its occupants.
Mobile home park. A parcel of land which has been developed for the placement of more than one (1) mobile home.
Mobile home stand. That part of an individual lot which has been reserved for the placement of one (1) mobile home unit.
Modular home unit.
(1)
Modular home unit means a transportable building to be used by itself or to be incorporated with similar units at a point-of-use into a modular structure to be used for residential, commercial, educational, or industrial purposes. This definition shall not apply to structures under six hundred fifty (650) square feet used temporarily and exclusively for construction site office purposes.
(2)
These units shall be exempt from local building codes only if the unit bears a seal from the Missouri Public Service Commission certifying that it meets construction standards set out by the International Code Council (ICC), the Building Officials and Code Administrators International, Inc. (BOCA), the International Conference of Building Officials (ICBO), or other national building code recognized by the Missouri Public Service Commission. If this seal is not present, the unit must comply with local building codes.
Motel, motor court, motor lodge , or tourist court. Any building or group of buildings containing guest rooms or dwelling units, all of which have a separate entrance, with garage or parking space conveniently located on the lot and designed, used, or intended wholly or in part for the accommodation of transients in vehicle.
Nonconforming use. Any building or land lawfully occupied by a use at the time of passage of this chapter, or any amendment thereto, which does not conform after the passage of this chapter, or amendment thereto, with the use regulations of the district in which it is situated.
Non-occupancy use. A use that does not involve occupancy by humans or animals for purposes including habitation, work, sleep, recreation, leisure, and other activities beyond storage of items.
Nursery school. A school operated by a person or organization which is conducted primarily for the education of preschool-age children.
Nursing, rest , or convalescent home. A home for aged or infirm, in which three (3) or more persons, not of the immediate family, are received, kept, or provided with food and shelter or care, whether for compensation or not; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis, treatment, or care of the sick or injured. The definition of "nursing home" shall include any adult boarding facility, intermediate care facility, residential care facility, or skilled nursing facility, as defined in RSMo Ch. 198.
Office. A place where business or service for others is transacted, and not a place where tangible property or goods, wares, or merchandise are commonly created, exchanged, or sold.
Park management. The person who has charge, care of, or control of the mobile home park.
Park street. A private way which affords principal means of access to individual mobile home lots or auxiliary buildings.
Parking area. An open, unoccupied space used or required for use exclusively for the parking of vehicles, and in which no gasoline or vehicular accessories may be sold nor other business conducted nor fees charged.
Parking lot. An open, paved area used exclusively for the temporary storage of motor vehicles and within which fees may be charged; but no vehicles may be equipped, repaired, rented, or sold and no motor fuels or oils may be sold.
Parking space, off-street. An area, enclosed or unenclosed, sufficient in size to store one (1) automobile, together with a driveway connecting the parking space with a street, road, or alley and permitting the ingress and egress of an automobile.
Place. Any open, unoccupied, officially dedicated space, other than a street or alley, permanently reserved as the principal means of access to abutting property.
Plat. A map, plan, or layout of a city, township, section, or subdivision indicating the location and boundaries of individual properties.
Porch. A covered entrance to a building, usually with a separate roof, that may or may not be enclosed, or a roofed, open gallery attached to the exterior of a building.
Portable storage building or shed. A detached accessory building, constructed with or without an integral floor, designed to be capable of relocation by lifting or by disassembly.
Premises. A lot, together with all buildings and structures thereon.
Public building or facility. A building or facility owned or operated by a general unit for a local, state, or federal government; or a public building or facility under the laws of the State of Missouri; or a building or facility operated or used by a nonprofit organization and open to general use by the public.
RV park. An area designed to provide spaces where one (1) or more recreational vehicles can be temporarily parked for travel, recreation, or vacation purposes.
Recreational vehicle. A vehicular, portable structure built on a chassis or designed to be carried by any type of vehicle (whether located on or off such vehicle), traditionally used as a temporary dwelling for travel, recreational, or vacation purposes.
Self-service storage facility. A building or structure used for renting or leasing individual storage spaces in which the occupants themselves customarily store and remove their own personal property on a self-service basis.
Shipping container. An intermodal freight container or other large container, in whole or in part, designed and manufactured for the reusable storage and transport of materials and products across different modes of transportation - from ship to rail to truck - without unloading and reloading its cargo. The term shipping container shall also include the box portion, whether on or off the axles, of a truck designed for hauling freight.
Shopping center or mall. A group of architecturally unified commercial establishments in one (1) or more buildings, built on a site which is planned, developed, owned, and managed as an operating unit related in its location, size, and type of shops to the trade area that the unit serves. The unit provides on-site parking in definite relationship to the types and total size of the stores; and a mall includes a roofed-over common pedestrian way.
Short-term storage use. A use for storage for a period of time less than six (6) consecutive months.
Sign. An outdoor panel, structure, illustration, or device designed to carry or display information for the purpose of making anything known, including any portion of a wall, fence, or other structure on which information may be painted or attached. Signs shall include wooden, metal, vinyl, or other type frames in which banners or other flexible advertising materials are placed. Signs shall be categorized as follows:
(1)
Banner. A fabric, cloth, vinyl, or other flexible panel designed for temporary use typically attached to or suspended from independent supports.
(2)
Billboard. Any sign exceeding one hundred (100) square feet in sign face area. Signs meeting the definition of combination signs shall not be considered billboards.
(3)
Combination sign. A series of multiple sign faces upon a single support or set of supports which provides individual sign face area for more than one (1) business or use.
(4)
Portable advertising sign. A device or structure on legs, wheels, or similar supports designed for ease of relocation.
(5)
Poster/placard. A paper, cardboard, fabric, vinyl, plastic, metal, or other rigid panel typically attached to a permanent structure or attached to a movable support.
Sign face. A sign face shall include the area of the sign cabinet or other display area including border and trim, or the area of an individual channel letter, and shall exclude the sign base, supports, or other structural members.
Story. That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above (also see "mezzanine").
Story above grade. Any story having its finished floor surface entirely above grade except that a basement shall be considered as a story above grade where the finished surface of the floor above the basement is:
(1)
More than six (6) feet above grade plane;
(2)
More than six (6) feet above the finished ground level for more than fifty (50) percent of the total building perimeter; or
(3)
More than twelve (12) feet above the finished ground level at any point.
Story, half. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level and in which space, not more than sixty (60) percent of the floor area, is finished off for use. A half-story may be used for occupancy only in conjunction with and by the occupancy of the floor immediately below.
Street. A public right-of-way or thoroughfare which affords the principal means of access to abutting property.
Street line. A dividing line between a lot, tract, or parcel of land and a contiguous street.
Structure. Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground and including, but not limited to, the following: buildings, signs, billboards, fences, pergolas, projecting roofs, satellite television antennas/dishes, freestanding solar collectors, or equipment, swimming pools, portable sheds, and portable carports.
Structural alteration. Any changes in the supporting members of a building, such as bearing or non-bearing walls, or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls, excepting such repair or replacement as may be required for the safety of the building, but not including openings in bearing walls as permitted by existing ordinances.
Thoroughfare, major. A street that is designated as a collector or arterial street in the major street plan or is constructed in accordance with the collector or arterial street design standards set out in the subdivision regulations of this Code.
Tourist or trailer camp. An area where one (1) or more tents, auto trailers, or recreational vehicles can be or are intended to be parked, designed, or intended to be used as temporary living facilities of one (1) or more families and intended primarily for vehicle transients.
Uncovered. Not covered with a roof.
Unenclosed. Not shut in or closed in with surrounding exterior walls. A covered or roofed area supported by columns and not having surrounding exterior walls of any material, including screens and lattice, shall be considered unenclosed. Exterior walls shall not be defined to include railings or banisters.
Use. The purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained.
Vestibule or lobby. A passage, hall, or room between the outer door and the interior of a building.
Yard. An open space on the same lot with a building unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided in this chapter. In measuring required yard widths and depths, the minimum horizontal distance between the lot line and the main building shall be used.
Yard, front. A yard extending across the front of a lot and being the minimum horizontal distance between the front lot line and the main building, or any projections thereof, other than the projections of uncovered steps.
Yard, rear. A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building, or any projection thereof, other than the projections of uncovered steps. On all lots, the rear yard shall be at the opposite end of the lot from the front yard.
Yard, side. A yard between the main building and the side line of the lot and extending from the required front yard to the required rear yard and being the minimum horizontal distance between the side lot line and the side of the main buildings or any projections thereto.
( Ord. No. 13-73 , § 1, 11-18-13; Ord. No. 18-19 , § 1, 4-2-18)