City of Aurora - Definitions

ACCESSORY BUILDING

A building customarily incidental and subordinate to the main building and located on the same lot with the main building.

ACCESSORY STRUCTURE

The same as "appurtenant structure."

ACCESSORY USE

A use incidental to the principal use of a building. In buildings restricted for residential use, an office or part thereof used for family occupations and workshops not conducted for compensation shall be deemed accessory uses.

ACTUARIAL RATES

See "risk premium rates."

ADMINISTRATOR

The Federal Insurance Administrator.

ADULT BOOKSTORE

An establishment having as a substantial or significant portion of its stock-in-trade, books, photographs, magazines, films for sale or viewing on the premises by use of motion picture devices or other coin-operated means, or other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specific sexual activities, as said term is defined herein.

ADULT ENTERTAINMENT FACILITY

Any building, structure or facility which contains or is used for commercial entertainment, including theaters used for presenting live presentations, videotapes or film (predominantly distinguished or characterized by their principal emphasis) on matters depicting, describing, or relating to specified sexual activities, as said term is defined herein, and exotic dance facilities (regardless of whether the theater or facility provides a live presentation, videotape or film presentation), where the patrons either

(1) engage in personal contact with or allow personal contact by employees, devices or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patrons, or
(2) observe any live presentation, videotape or film presentation of persons wholly or partially nude with their genitals or pubic region exposed or covered only with transparent or opaque covering or, in the case of female persons, with the areola and nipple of the breast exposed or covered only with transparent or opaque covering or to observe specified sexual activities, as said term is defined herein.

AGENCY

The Federal Emergency Management Agency (FEMA).

AGRICULTURAL COMMODITIES

Agricultural products and livestock.

AGRICULTURAL STRUCTURE

Any structure used exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities.

AGRICULTURAL USE

The growing of crops in the open and raising of such stock and poultry as are incidental to the acreage farmed; provided, however, that such land shall consist of at least ten (10) acres in one (1) parcel or in contiguous parcels under common ownership or operation. The feeding or disposal of community or collected garbage shall not be deemed an agricultural use, nor shall the raising of fur-bearing animals, riding academies, livery or boarding stables, commercial feed lots, or dog kennels be so considered.

ALLEY

Any public space or thoroughfare forty (40) feet or less in width, but not less than twenty (20) feet in width, which has been dedicated or deeded to the public for public travel and which affords secondary access to abutting property.

ALLEY

A permanent serviceway, dedicated to public use primarily for utility or vehicular service access to the rear or side of properties otherwise abutting on a street.

ALTERATIONS

Any addition, removal, extension, or change in the location of any exterior wall of any structure.

APARTMENT HOUSE

A building arranged, intended or designed to be occupied by three (3) or more families or housekeeping units living independently of each other.

APPEAL

A request for review of the Floodplain Administrator's interpretation of any provision of this Chapter or a request for a variance.

APPURTENANT STRUCTURE

A structure that is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.

AREA OF SPECIAL FLOOD HAZARD

The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.

AREA, BUILDING

The total area taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, and steps.

AREA, FLOOR

To determine the ratio of floor space of a building to the area of the lot, the floor space shall be the sum of the horizontal areas of the several floors of the building excluding areas used for garage purposes, basement, and cellar area. All horizontal dimensions shall be taken from the exterior faces of walls, including walls or other enclosures of enclosed porches.

AREA, NET SITE

The total area within the property lines excluding external streets and utility easements.

BARRIER (NATURAL OR ARTIFICIAL)

Any street, highway, river, pond, canal, railroad, levee, embankment, or screening by a fence or hedge.

BASE FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year.

BASEMENT

Any area of the structure having its floor subgrade (below ground level) on all sides.

BASEMENT

A story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story where more than one-half (1/2) of its height is above the average level of the adjoining ground.

BATHHOUSE

An establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated by a medical practitioner or professional physical therapist licensed by the State.

BED-AND-BREAKFAST

A single-family dwelling unit where guest rooms are provided for overnight stay for travelers for compensation with breakfast being the only meal served and where the host resides on the property. Said property will not be used for weekly or monthly rental of rooms.

BILLBOARD OR SIGN BOARD

Any sign or advertisement used as an outdoor display for the purpose of making anything known, the origin or point of sale of which may be remote from said display.

BLOCK

An area of land entirely bounded by streets, highways or ways, except alleys, pedestrian ways, or exterior boundaries of a subdivision unless such exterior boundary is a street, highway or way, or a combination of streets, public parks, cemeteries, railroad rights-of-way, bulk headlines, or shorelines or waterways, or corporate boundary lines.

BUILDING

Any structure, whether temporary, semipermanent or permanent, designed or intended for the support, enclosure, shelter, or protection of persons or property.

BUILDING

See "structure."

BUILDING HEIGHT

The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridges for gable, hip and gambrel roofs.

BUILDING LINE

The line which is the minimum distance a building may be placed to the property line (see "Building, Front Line of").

BUILDING LINE

(See SETBACK LINE).

BUILDING, FRONT LINE OF

The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.

BUILDING, PRINCIPAL

A building in which is conducted the main or principal use of the lot on which said building is situated.

CAMPER or TRAVEL TRAILER

A vehicle or structure designed and constructed in such manner as will permit temporary occupancy as living and sleeping quarters as is primarily required during camping or vacation travels. Such facility has identical characteristics to a mobile home in that it can be conveyed on the streets; however, in no way is it intended to become a permanent residence.

CAMPGROUND or TRAVEL TRAILER PARK

Any plot of ground upon which a camper or travel trailer is located regardless of whether or not a charge is made for such accommodation. However, such definition shall not include storage of one (1) personal camper or travel trailer upon the property of the owner.

CHIEF EXECUTIVE OFFICER OR CHIEF ELECTED OFFICIAL

The official of the community who is charged with the authority to implement and administer laws, ordinances, and regulations for that community.

CHILD CARE CENTER

Any place, home, or institution which receives three (3) or more children under the age of sixteen (16) 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 blood or marriage within the third degree of the custodial person, or to churches or other religious or public institutions caring for children within the institutional building while their parents or legal guardians are attending services or meetings or classes or engaged in church activities.

CITY

As hereinafter referred shall mean Aurora, Missouri.

COMMISSION

Planning and Zoning Commission of the City of Aurora, Missouri.

COMMUNITY

Any State or area or political subdivision thereof, which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.

COMPREHENSIVE PLAN

A long-range master plan for area development, including studies of land use, traffic volume and flow, schools, parks, and other public buildings.

COMPREHENSIVE PLAN

The plan or any portion thereof, adopted by the Commission for the coordinated physical development of Aurora, Missouri, including, among other things, plans and programs regarding the location, character and extent of highways, transportation routes, bridges, public buildings, schools, parks, forests, wildlife refuges, dams and projects affecting the conservation of natural resources.

COUNCIL

The City Council.

COURT

An unoccupied open space, other than a yard, on the same lot with a building which is bounded on two (2) or more sides by the walls of such building.

COVERAGE

That percentage of the plot or lot area covered by the building area.

CUL-DE-SAC

A short street, having only one (1) end open for vehicular traffic, and the other permanently terminated by a full turnaround for vehicles.

DAY-CARE FACILITY

An establishment or business, which provides supervision of facilities for preschool children or provides before- or after-school or summer care for school-age children.

DESIGN

The arrangement of land for easements, lots, and rights-of-way, including materials, alignment, grade, and width of these elements.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

DOG KENNEL

The keeping of more than four (4) dogs that are more than six (6) months old, and further subject to the limitations set forth in Section 210.160 of this Code.

DUMP

A lot or land, or part thereof, used primarily for the disposal by abandonment, dumping, burial, burning, or any other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles, or parts thereof, or waste material of any kind.

DWELLING

A building or portion thereof designed exclusively for residential occupancy, including single-family or multiple-family, but not including motels, hotels, boarding and rooming houses.

DWELLING, MULTIPLE-FAMILY

A building or portion of a building designed for or occupied by more than two (2) families living independently of each other.

DWELLING, SINGLE-FAMILY

A building having accommodations for and occupied exclusively by one (1) family. The classifications "single-family dwelling" and "single-family residence" shall include any group home as defined in this Section.

DWELLING, TWO-FAMILY

A building designed exclusively for occupancy by two (2) families living independently of each other, including a duplex [one (1) dwelling unit above the other or one (1) dwelling unit beside the other].

EASEMENT

A grant by the property owner to a person, corporation, or the public of the right to the use of designated land area for specified purposes.

ELEVATED BUILDING

For insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

ELIGIBLE COMMUNITY OR PARTICIPATING COMMUNITY

A community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).

EXISTING CONSTRUCTION

For the purposes of determining rates, structures for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. Existing construction may also be referred to as "existing structures."

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FAMILY

The classification of single-family dwelling or single-family residence shall include 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. Nothing in this Subsection shall be construed to relieve the Division of Family Services, the Department of Mental Health or any other person, firm or corporation occupying or utilizing any single-family dwelling or single-family residence for the purposes specified in this subsection from compliance with any ordinance or regulation relating to occupancy permits except as to number and relationship of occupants or from compliance with any building or safety code applicable to actual use of such single-family dwelling or single-family residence.

FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)

An official map of a community on which the Administrator has delineated both special flood hazard areas and the designated regulatory floodway.

FLOOD ELEVATION DETERMINATION

A determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one-percent or greater chance of occurrence in any given year.

FLOOD ELEVATION STUDY

An examination, evaluation and determination of flood hazards.

FLOOD FRINGE

The area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood.

FLOOD HAZARD AREA

All land subject to periodic inundation from overflow of natural waterways when subjected to the maximum possible run-off from three (3) inches of rain per hour as calculated by approved engineering methods.

FLOOD HAZARD BOUNDARY MAP (FHBM)

An official map of a community, issued by the Administrator, where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A Zones.

FLOOD INSURANCE RATE MAP (FIRM)

An official map of a community, on which the Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS)

An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.

FLOOD OR FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from:

1. The overflow of inland; and/or
2. The unusual and rapid accumulation or runoff of surface waters from any source.

FLOODPLAIN MANAGEMENT

The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.

FLOODPLAIN MANAGEMENT REGULATIONS

Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and other applications of police power. The term describes such State or local regulations, in any combination thereof, that provide standards for the purpose of flood damage prevention and reduction.

FLOODPLAIN OR FLOOD-PRONE AREA

Any land area susceptible to being inundated by water from any source (see "flooding").

FLOODPROOFING

Any combination of structural and non-structural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents.

FLOODWAY ENCROACHMENT LINES

The lines marking the limits of floodways on Federal, State and local floodplain maps.

FLOODWAY OR REGULATORY FLOODWAY

The channel of a river or other water course 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.

FREEBOARD

A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as bridge openings and the hydrological effect of urbanization of the watershed.

FRONTAGE

All the property fronting on one (1) side of a street between the two (2) nearest intersecting streets, or other natural barriers.

FUNCTIONALLY DEPENDENT USE

A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers, but does not include long-term storage or related manufacturing facilities.

GARAGE, PRIVATE

An enclosed space for the storage of one (1) or more vehicles; provided that no business, occupation, or service is conducted for profit therein, nor space therein for more than one (1) car is leased to a non-resident of the premises.

GARAGE, PUBLIC

Any garage not a private garage, and which is used for storage, repair, rental, servicing, or supplying of gasoline or oil to motor vehicles.

GASOLINE FILLING STATION

Any area of land, including any structure or structures thereon that is or are used or designed to be used for the storage or sale of gasoline or oil or other fuel (not including liquid petroleum gases) primarily for the propulsion of vehicles.

GROUP HOMES

Any residential home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside; further, and pursuant to Section 89.020, RSMo., such home may include two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.

1. GROUP HOME, GENERAL — A residential home providing twenty-four-hour care in a protected environment for more than eight (8) persons with physical or mental disabilities and any number of caregivers.
2. GROUP HOME, LIMITED — A residential home providing twenty-four-hour care in a protected environmental for eight (8) or fewer unrelated persons with mental or physical disabilities; further, and pursuant to Section 89.020, RSMo., such home may include two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.

GROUP RESIDENTIAL

The use of a site for occupancy by groups of more than five (5) persons, not defined as a family, on a weekly or longer basis. Typical uses include fraternity or sorority house, dormitories, residence halls, and boarding or lodging houses. The term "group residential" does not include group homes.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HILLSIDE AREA

An area with an average slope of twenty percent (20%) or more, and a cross slope from twenty percent (20%) to forty percent (40%).

HILLSIDE STREET

A street in which the cross slope of the existing ground exceeds fifteen percent (15%) and the center-line slope exceeds fifteen percent (15%).

HISTORIC STRUCTURE

Any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a. By an approved state program as determined by the Secretary of the Interior; or
b. Directly by the Secretary of the Interior in states without approved programs.

HOME OCCUPATION

Any occupation or profession carried on by the inhabitants which is clearly incidental and secondary to the use of the dwelling, which does not change the character thereof, and which is conducted entirely within the main building; provided that no trading in merchandise is carried on and in connection with which there is no display of merchandise or sign other than one (1) non-illuminated nameplate not more than two (2) square feet in area attached to the main building, and no mechanical equipment is used or activity is conducted which creates any noise, dust, odor, or electrical disturbance beyond the confines of the lot on which said occupation is conducted. Customary home occupations providing personal services shall be construed to be a physician, dentist, surgeon, dressmaker, musician, artist, beautician, barber, or similar activity which does not involve sales at wholesale or retail and that no assistant, other than that of a receptionist or secretary, other than a member of the family household, is employed.

HOSPITAL

A building used for the diagnosis, treatment, or other care of human ailments, unless otherwise specified.

HOTEL

Any building or portion thereof which contains guest rooms, which are designed or intended to be used, rented, or hired out for occupancy by, or which are occupied by ten (10) or more individuals for compensation, whether it be paid directly or indirectly.

IMPROVEMENT PLANS

The engineering plans showing types of materials and construction details for the physical structures and facilities to be installed, both in or in conjunction with the plat.

IMPROVEMENTS

Refers to such street work, streetlight signs, and utilities, including water, sewer, electric, gas and stormwater, to be installed or agreed to be installed, in total or in part, by the subdivider on land to be used for public or private streets and easements, as are necessary for the general use of lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof.

JUNK YARD

A lot, land, or structure, or part thereof, used primarily for the collecting, storage, and sale of wastepaper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof.

LOADING SPACE

An off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street or other appropriate means of access.

LOT

Land occupied or to be occupied by a building or unit group of buildings and accessory buildings, together with such yards and lot area as are required by this resolution, and having its principal frontage upon a street or a place approved by the Commission.

LOT

A parcel of land intended to be separately owned, rented, developed, or otherwise used as a unit.

LOT AREA

The total horizontal area within the boundaries of a lot, exclusive of any land designated for roadway purposes.

LOT DEPTH

The horizontal distance between the front and rear lot lines measured along the median between the two (2) side lot lines.

LOT WIDTH

The horizontal distance between the two (2) side lot lines, measured along the median between the front and rear lot lines.

LOT, CORNER

A lot or portion thereof not greater than one hundred (100) feet in width and situated at the intersection of two (2) or more streets, having an angle of intersection of not more than one hundred thirty-five degrees (135°).

LOT, CORNER

A lot abutting upon two (2) or more streets at their intersection.

LOT, DOUBLE FRONTAGE

A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.

LOWEST FLOOR

The lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this Chapter.

MANUFACTURED HOME

A structure, transportable in one (1) or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

MAP

The Flood Hazard Boundary Map (FHBM), Flood Insurance Rate Map (FIRM), or the Flood Boundary and Floodway Map (FBFM) for a community issued by the Federal Emergency Management Agency (FEMA).

MARKET VALUE OR FAIR MARKET VALUE

An estimate of what is fair, economic, just and equitable value under normal local market conditions.

MASTER PLAN

The comprehensive plan made and adopted by the Planning and Zoning Commission of the City of Aurora.

MEAN SEA LEVEL

For purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced.

MOBILE HOME

A movable living unit designed for year-round occupancy, sometimes termed a trailer home or trailer house; all portable contrivances used or intended to be used generally for living and sleeping quarters and which are capable of being moved by their own power, towed, or transported by another vehicle.

MOBILE HOME (TRAILER)

Any vehicle or structure so designed and constructed in such manner as will permit permanent occupancy thereof as living and sleeping quarters for one (1) or more persons, or the conduct of any business or profession, occupation, or trade, or use as a selling or advertising device, and so designed that it is or may be mounted on wheels and conveyed on highways or streets, propelled or drawn by its own or other motive power, excepting a device used exclusively upon stationary rails or tracks.

MOBILE HOME PARK

Any area, tract, or site or plot of land whereupon a minimum of ten (10) "mobile homes" as herein defined are placed, located or maintained or intended to be placed, located, or maintained for dwelling purposes only and upon a permanent or semipermanent basis.

MOBILE HOME PARK: (TRAILER PARK)

Any area, tract, site, or plot of ground on which a mobile home occupied for dwelling or sleeping purposes is located or intended to be located regardless of whether or not a charge is made for such accommodation. Such definition includes all buildings used or intended to be used as a part of the equipment or facilities thereof.

MOBILE HOME SPACE

A plot of ground within a mobile home park designed for the accommodation of one (1) mobile home.

MOBILE HOME SPACE

A plot of ground within a mobile home community or park which is designed for parking a single mobile home.

MOBILE HOME, DEPENDENT

A mobile home which does not have a flush toilet and a bath or shower.

MOBILE HOME, INDEPENDENT

A mobile home which has a flush toilet and a bath or shower.

MODELING STUDIO

An establishment or business distinguished or characterized by their principal emphasis being the providing of services of modeling for the purpose of reproducing the human body wholly or partially nude by means of photography, painting, sketching, drawing, or otherwise.

MOTEL

A group of buildings including either separate units or a row of units or rooms which:

1. Contain individual sleeping accommodations;
2. Have individual entrances.

MOTOR VEHICLE REPAIR SHOP

A building or portion of a building arranged, intended or designed to be used for making repairs to motor vehicles.

NET AREA

The entire area within the boundary lines of the site, less the area of any street right-of-way.

NEW CONSTRUCTION

For the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of the floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the community.

NFIP

The National Flood Insurance Program (NFIP).

NON-CONFORMING USE

A building, structure or use of land existing at the time of enactment of this Chapter, November 11, 1985, and which does not conform to the regulations of the district or zone in which it is situated.

ONE-HUNDRED-YEAR FLOOD

See "base flood."

PARKING LANE

An auxiliary lane of a roadway, used primarily for vehicular parking.

PARKING SPACE

An area set aside, either on an individual lot or on any other portion of a subdivision, which is reserved for vehicular parking.

PARKING SPACE, AUTOMOBILE

Space within or on a building or private or public parking area for the parking of one (1) automobile. Truck loading and unloading space shall not be included in such area.

PARTICIPATING COMMUNITY or ELIGIBLE COMMUNITY

A community in which the Administrator has authorized the sale of flood insurance.

PEDESTRIAN WAY

A right-of-way dedicated to public use which cuts across a block to facilitate pedestrian access to adjacent streets and properties.

PERSON

Any individual, firm, association, partnership, or corporation.

PERSON

Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including Federal, State, and local governments and agencies.

PLAT

A map, plan, or layout of a city, township, section, or subdivision, indicating the location and boundaries of individual properties, easements, utilities, streets and other required appurtenances.

PLAT

A map showing the design of a subdivision and the existing conditions. The design shall include all trafficways, utilities, drainage provisions, and appurtenances.

PORTABLE BUILDING

Any building not in excess of twelve (12) feet in width and twenty (20) feet in length, with a solid wood or metal floor on skids with no electrical or plumbing hookups.

PRINCIPALLY ABOVE GROUND

That at least fifty-one percent (51%) of the actual cash value of the structure, less land value, is above ground.

PUBLIC WATER COMPANY

Any person, company, corporation, or institution who has a written permit from the Missouri Department of Natural Resources to supply water for domestic purposes to the public.

RECREATION OR PLAYGROUND CENTER

A usable parcel of land suitably drained, free of stagnant pools of water, with sufficient soil to support the growth of plant material, and containing a variety of recreational facilities.

RECREATIONAL VEHICLE

A vehicle which is:
1. Built on a single chassis;
2. Four hundred (400) square feet or less when measured at the largest horizontal projections;
3. Designed to be self-propelled or permanently towable by a light-duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

REMEDY A VIOLATION

To bring the structure or other development into compliance with Federal, State, or local floodplain management regulations; or, if this is not possible, to reduce the impacts of its non-compliance.

REPETITIVE LOSS

Flood-related damages sustained by a structure on two (2) separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event equals or exceeds twenty-five percent (25%) of the market value of the structure before the damage occurred.

RESIDENTIAL BUILDING

A building, which is primarily designed and devoted for human habitation, excluding motels and hotels.

RESIDENTIAL DISTRICT

For the purpose of this Section, areas zoned for residential use are defined as Districts "R-1," "R-2," "R-3" and "MHP."

REST HOME

A facility designed or intended for the care of invalids or convalescents, or a resort where people go to rest and regain health.

RISK PREMIUM RATES

Those rates established by the Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. Risk premium rates include provisions for operating costs and allowances.

ROADBED

The graded portion of a street, upon which the base course, surface course, shoulders, and medium are constructed.

ROADWAY

The portion of a street, including shoulders, for vehicular usage.

SETBACK LINE

The line generally parallel to the front, side, or rear lot line establishing the minimum space to be provided as the front, side, or rear yard.

SIGN

Any words, numerals, figures, devices, designs, or trademarks by which anything is made known, used to designate an individual, a firm, profession, business, or a commodity and which is visible from any public street or from the air.

SLOPE

The degree of natural inclination of the existing ground which is used as the basis for determining the hillsides.

SMALL HOUSE

A structure not less than seven hundred (700) square feet and not to exceed one thousand forty (1,040) square feet and not exceeding two (2) stories in height. Intended for use as a permanent, single-family residence. Structure must be connected to public utilities (electric, water and sewer). A manufactured home, mobile home or travel unit as defined in Section 525.010 is not considered a Small House.

SMALL HOUSE DEVELOPMENT

Any development, site, parcel or tract of land designated, maintained, or intended to be used for the purpose, placement or construction of a Small House.

SPECIAL FLOOD HAZARD AREA

See "area of special flood hazard."

SPECIAL HAZARD AREA

An area having special flood hazards and shown on an FHBM, FIRM or FBFM as Zones (unnumbered or numbered) A and AE.

SPECIFIED SEXUAL ACTIVITIES

Sexual conduct, being acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's unclothed genitals, pubic area, buttocks or, if such person be a female, her breasts; sexual excitement, being the condition of human male or female sadomasochistic abuse, being flagellation or torture by or upon a person or the condition of being fettered, bound or otherwise physically restrained.

START OF CONSTRUCTION

Includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvements were within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, the installation of streets and/or walkways, excavation for a basement, footings, piers, foundations, the erection of temporary forms, nor installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STATE COORDINATING AGENCY

That agency of the State government, or other office designated by the Governor of the State or by State Statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that State.

STORY

That portion of a building included between the surface of any floor and the surface of the next floor above it or, if there be no floor above it, then the space between such floor and ceiling next above it.

STREET

Any public or private right-of-way which affords the primary means of access to abutting property and has been dedicated or deeded to the public for public use.

STREET

A general term denoting a public or private way for the purpose of vehicular travel. The term includes all facilities which normally occur within the right-of-way; it shall also include such other designation for a street as: a highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, drive, court, or as otherwise designated, but excluding an alley or a way for pedestrian use only.

STREET CLASSIFICATIONS

STREET EASEMENT

All paved and unpaved rights-of-way and utility easements.

STREET LINE

The legal line between a street right-of-way and abutting property.

STREET, COLLECTOR

A street which carries or is proposed to carry intermediate volumes of traffic from minor streets to major streets, and which may or may not be continued.

STREET, MINOR

A street of limited continuity used primarily for access to abutting properties, providing for minimum speeds and traffic volumes.

STREETS

Any public ways.

STRUCTURE

Anything constructed, which requires permanent or temporary location on the ground or is attached to something having a permanent or temporary location on the ground.

STRUCTURE

Anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, not including fences or walls used as fences under six (6) feet in height.

STRUCTURE

For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Structure, for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.

SUBDIVIDER

Any person, firm, partnership, association, corporation, estate, or other group or combination acting as a unit, dividing or proposing to divide land in a manner that constitutes a subdivision as herein defined. The term "subdivider" shall include any agent of any subdivider.

SUBDIVISION

Any land improved or unimproved, or any portion thereof, shown on the last preceding tax roll as a unit or as contiguous units, which is divided into two (2) or more lots, plots, sites or other divisions of land for the purpose of offering for sale, lease or development, including resubdivision. "Subdivision" includes the division or development of residential and non-residential zoned land, including planned developments, whether by deed, metes and bounds description, map, plat or other recorded instrument and the dedication, opening or widening of any proposed or existing right-of-way for a public or private street.

SUBDIVISION

The division of a parcel of land into two (2) or more lots, or other divisions of land. It includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided.

SUBDIVISION, MINOR

A division of land into two (2) but not more than four (4) lots, which does not include any new streets, improvements, sewer extensions, easements, or rights-of-way; a division of land in which each parcel is five (5) acres or more in area, and which does not include any new streets, improvements, sewer extensions, easements, rights-of-way, or other provisions for public areas and facilities; the division of land held by a bona fide partnership in existence for two (2) or more years upon dissolution thereof, a division of land among the immediate members of a family for personal use which does not include any new streets, improvements, sewer extensions, easements, or rights-of-way.

SUBSTANTIAL DAMAGE

1. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. The term includes repetitive loss buildings (see definition).
2. For the purposes of this definition, repair is considered to occur when the first repair or reconstruction of any wall, ceiling, floor, or other structural part of the building commences.
3. The term does not apply to:

a. Any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications which have been identified by the Code Enforcement Official and which are solely necessary to assure safe living conditions; or
b. Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure; or
c. Any improvement to a building.

SUBSTANTIAL IMPROVEMENT

1. Any combination of reconstruction, alteration, or improvement to a building, taking place during a ten-year period, in which the cumulative percentage of improvement equals or exceeds fifty percent (50%) of the current market value of the building. For the purposes of this definition, an improvement occurs 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 building. This term includes structures which have incurred repetitive loss or substantial damage, regardless of the actual repair work done.
2. The term does not apply to:

a. Any project for improvement of a building required to comply with existing health, sanitary, or safety code specifications which have been identified by the Code Enforcement Official and which are solely necessary to assure safe living conditions; or
b. Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure; or
c. Any building that has been damaged from any source or is categorized as repetitive loss.

SUBSTANTIALLY IMPROVED EXISTING MANUFACTURED HOME PARKS OR SUBDIVISIONS

When the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty percent (50%) of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

TRANSITIONAL LIVING FACILITY

A State-licensed group-care home for juvenile delinquents, halfway houses providing residence, rehabilitation and counseling to persons on release from a more-restrictive custodial confinement, and residential rehabilitation treatment centers which also may provide outpatient rehabilitation for alcohol and other drug abuse.

TRAVEL VEHICLE OR TRAILER

A portable vehicular unit designed and intended to be used for temporary short-term occupancy and for frequent and extensive travel use, including but not limited to travel trailers, campers, motor homes, converted buses and other similar units, whether they are self-propelled, pulled or can be hauled.

UNITS

An area within a trailer or mobile home park, court, or camp of not less than two thousand (2,000) square feet of unoccupied space designated for the exclusive use of not more than one (1) automobile and one (1) trailer or mobile home.

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.

VARIANCE

A grant of relief by the community from the terms of a floodplain management regulation. Flood insurance requirements remain in place for any varied use or structure and cannot be varied by the community.

VIOLATION

The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this Chapter is presumed to be in violation until such time as that documentation is provided.

WATER SURFACE ELEVATION

The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain.

YARD

An open space other than a court on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line, and is unoccupied and unobstructed from the ground upward.

YARD

Any open space located on the same lot with a building or structure, unoccupied and unobstructed from the ground up, except for any accessory buildings or projections as are permitted on the lot.

YARD, FRONT

A yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the front building line.

YARD, FRONT

A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line to the building line.

YARD, REAR

A yard extending across the full width of the lot between the nearest rear main building and the rear lot lines. The depth of the required rear yard shall be measured horizontally from the nearest part of a main building toward the nearest point of the rear lot line.

YARD, REAR

A yard extending along the rear of a lot between the side yard lines and being the minimum horizontal distance between the rear lot line and the rear building line.

YARD, SIDE

A yard extending along each side of a lot between the front yard line and the rear yard line and being the minimum horizontal distance between the side lot line and the side building line.

YARD, SIDE

A yard between a main building and side lot line, extending from the front yard or front lot lines, where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the main building.

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MapLink™ | Definitions

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City of Aurora, MO

MapLink™ | Definitions