[Ord. No. 4238 §2(Art. 2), 10-3-1988; Ord. No. 4274 §2, 6-5-1989; Ord.
No. 4321 §2, 3-5-1990; Ord. No. 4376 §2, 12-3-1990; Ord. No. 4382 §1, 2-4-1991; Ord. No. 4408 §1, 8-19-1991; Ord. No. 4624 §2, 6-3-1996; Ord. No. 4710 §1, 5-18-1998]
For purposes of this Chapter, the following terms shall have
the meanings respectively ascribed to them in this Article:
A subordinate building or structure located on the lot occupied
by the main building detached and at least five (5) feet from the
main building. A building housing an accessory use is considered an
integral part of the main building when it has any part of a wall
in common with the main building, or is under an extension of the
main roof and designed as an integral part of the main building. An
accessory use is a structure or use which meets all the following
criteria:
It is subordinate to and serves a principal building or a principal
use;
It is subordinate in area, extent or purpose to the principal
building or principal use served;
It contributes to the comfort, convenience or necessity of occupants,
business or industry in the principal building or principal use served;
It is located on the same lot as the principal building or principal
use served; and
It is located in the same or less restrictive zoning district.
A public thoroughfare through or into the interior of a City
block giving access to the rear of lots or buildings which is only
a secondary means of access to abutting property.
Criteria established to regulate noise, smoke, toxic or noxious
matter, vibration, fire and explosive hazards, and glare and heat
generated by or inherent in the use of land or buildings.
A building or portion thereof designed for occupancy by three
(3) or more families living independently of each other, exclusive
of attached single-family dwellings, townhouses or condominiums located
on individually subdivided lots and intended primarily for owner occupancy.
Gross project area: Total project area.
Net project area: Total project area less land
allocated to public street right-of-way, private streets, parking
areas and any land allocated to specified non-project uses such as
schools and churches when determining the "net residential project
area" to be used as a basis for calculating the number of permitted
dwelling units for a planned development.
Any building or premises used solely or principally for the
storing, dispensing, sale or offering for sale at retail of any automobile
fuels or oils.
A building and accessory equipment used primarily for supplying
gasoline, oil, air and water, tires, accessories and service for motor
vehicles at direct retail to the consumer, including the incidental
washing of motor vehicles and the making of minor repairs, but not
including such major repairs as: spray painting; body, fender, clutch,
transmission, differential, axle, spring and frame repairs; major
overhauling of engines or radiators requiring removal thereof; or
recapping or retreading of tires.
A story having more than one-half (½) its height below
grade. A basement is counted as a story for the purpose of height
regulations, if it is subdivided and used for business or dwelling
purposes.
A structure that is affixed to the land, has one (1) or more
floors, one (1) or more exterior walls, and a roof, and is designed
or intended for the support, shelter or enclosure of persons, animals,
chattels or property of any kind, but not including any vehicle, trailer
(with or without wheels), nor any movable device such as furniture,
machinery or equipment.
That percentage of a lot which, when viewed from above, would
be covered by a structure or structures or any part thereof, excluding
eaves.
The vertical distance measured from the curb grade or its
equivalent established grade at a point midway between the two (2)
side lot lines to the highest point of the roof in the case of a flat
roof; to the deck line of a mansard roof; and to the mean height level
between eaves and ridge of a gable, hip or gambrel roof; provided,
that where buildings are set back from street line, the height of
the building may be measured from the average elevation of the finished
lot grade at the front of the building.
A line parallel to a street right-of-way line, edge of a
stream, or other property line established on a parcel of land or
lot for the purpose of prohibiting construction of a building or structure
in the area between such building line and right-of-way, streambank
or other property line.
Authorization issued by the Building Commissioner which is
required prior to commencement of construction of any new building,
or major alterations or expansion of existing structures.
A structure or portion thereof containing facilities for
washing motor vehicles, such as a chain conveyer, blower, steam cleaning
device or other mechanical device.
See "BASEMENT".
Any child care facility receiving more than four (4) children
for care during all or part of the day or night, including: day nursery;
child care center; nursery school; play groups; kindergartens; centers
or workshops for mentally retarded or physically handicapped with
or without educational purposes; and similar facilities which contain
more than four (4) children upon the premises at one time and whether
or not said services and facilities are provided for compensation
or otherwise. This definition shall not include:
Kindergartens or nursery schools or other daytime programs operated
in existing facilities and owned by public or private school systems,
secondary level school units, or institutions of higher learning;
Facilities operated in connection with a shopping center or
other similar facility where transient children are cared for temporarily
while parents or custodians of the children are occupied on the premises
or are in the immediate vicinity and readily available;
Special activities programs, including athletics, crafts instruction,
seasonal recreational programs and similar activities conducted on
an organized and periodic basis by civic, charitable or governmental
organizations.
A building used principally for religious worship but the
word "church" shall not include or mean an undertaker's chapel, or
funeral building, or parochial school or day care center.
The City of Richmond Heights.
The duly elected City Council of the City of Richmond Heights.
The officially appointed Planning and Zoning Commission of
the City of Richmond Heights; the term may be abbreviated in this
Title as the "Planning Commission", or simply the "Commission".
A comprehensive land use plan made and adopted by the City
of Richmond Heights which, through a combination of text, charts and
maps, sets forth proposals for general locations for various land
uses, streets, parks, schools, public buildings, utilities, and for
the physical development of Richmond Heights.
A conditional use is a use that would not be appropriate
generally or without restriction throughout the zoning district but
which, if controlled as to number, area, location or relation to the
neighborhood, would promote the public health, safety, morals, order,
comfort, convenience, appearance, propriety or general welfare. Such
uses may be permitted in such zoning districts as conditional uses,
if specific provisions for such conditional use are made in this zoning
ordinance.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions, established pursuant to Chapter
448 of the Revised Statutes of the State of Missouri.
Small establishments designed and intended to serve the daily
or frequent trade or service needs of the surrounding population.
Such establishments include grocery stores, variety stores, drug stores,
coin-operated laundry and dry-cleaning establishments, beauty shops
and barber shops. Specifically excluded are automobile filling and
service stations and drive-in restaurants.
A unit of measurement of the intensity of sound.
The number of dwelling units or building floor area that
may be constructed per acre or per square foot of a zoning lot area.
Regulations which limit the size, bulk or siting conditions
of buildings located within a zoning district.
A section of a city designated in the zoning ordinance text
and delineated on the zoning map in which requirements for the use
of land and building and development standards are prescribed. Within
each district, all requirements must be uniform.
A structure or portion thereof developed so that its principal
retail or service character is dependent on providing a driveway approach
or parking spaces for motor vehicles so as to either serve patrons
while in the motor vehicles, or else where the patrons may serve themselves
and may eat or drink the food, refreshment or beverages on the premises.
A building or portion thereof, designed exclusively for residential
occupancy, including one-family, two-family and multiple-family dwellings,
boarding and lodging houses, apartment houses and town houses, but
not hotels or mobile homes.
A building or portion thereof arranged, intended or designed
for occupancy by three (3) or more families on a rental or ownership
basis and commonly referred to as a triplex, four-plex or apartment
building.
A detached building arranged, intended or designed for occupancy
by one (1) family. Homes for eight (8) or fewer unrelated mentally
or physically handicapped persons and up to two (2) additional persons
as house parents or guardians shall be included in this definition.
Two (2) or more single-family dwellings sharing common wall
areas, each on its own individual lot.
A building designed for or occupied exclusively by two (2)
families living independently of each other and being located on a
single lot.
One (1) or more rooms in a building designed for occupancy
by one (1) family for living purposes and having its own permanently
installed cooking and sanitary facilities.
A right or privilege to use a portion of another's property
for a particular purpose.
A professional engineer registered in the State of Missouri.
An individual or married couple and the children thereof and
no more than two (2) other persons related directly to the individual
or married couple by blood or marriage;
A group of individuals, not exceeding four (4) in number, who
are not related by blood, marriage or adoption and who are living
together in a dwelling unit on the premises as a single housekeeping
unit; or
Any number of persons not related by blood, marriage or adoption
living together as a single housekeeping unit in a convent, rectory,
parish house or similar building for teachers or clergymen functioning
in a parochial school, church or an educational organization or religious
association or corporation where such convent, rectory, parish house
or other building is provided by such institution.
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A "family", as so defined, includes domestic
employees for whom, subject to the provisions of this Chapter, separate
living quarters may be provided.
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Any establishment whose principal business is the sale of
foods, frozen desserts or beverages in ready-to-consume individual
servings for consumption either within the restaurant building or
for carry-out, and whether either:
Foods, frozen desserts of beverages are usually served in edible
containers or in paper, plastic or other disposable containers, and
where customers are not served their food, frozen desserts or beverages
by a restaurant employee at the same table or counter where the items
are consumed, or
The establishment includes a drive-up or drive-through service
facility or offers curb service.
The total interior floor area of a building or structure
measured at the inside face of the exterior walls but excluding stairwells,
lobbies, common corridors, and other non-leasable circulation areas,
elevator shafts, restrooms, storage areas, kitchens, and spaces occupied
by mechanical equipment or spaces related to the operation and maintenance
of the building.
The length of the property abutting on one (1) side of a
street measured along the dividing line between property and the street
right-of-way.
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 of
the property abutting on one (1) side between an intersecting street
and the dead-end of the street.
A detached accessory building or portion of a principal building
designed, arranged, used or intended to be used for the storage of
motor vehicles of the occupants of the premises or their clients or
customers without charge to visitors, clients or customers during
the period they are visiting or conducting business with an occupant
on the premises.
A two- or three-story apartment building containing not more
than twelve (12) dwelling units, with common access to all units provided
by more than one (1) stairway.
A domestic activity carried on by members of a family residing
on the premises, but excluding beauty shops, barber shops, music schools,
convalescent or nursing homes, tourist homes, massage facilities or
other establishments offering services to the general public, or any
activity which may have an adverse impact upon the residential character
of a neighborhood, including any parking or commuting activity which
creates additional traffic other than that which is normally created
by a residential use of a property, and providing that there are no
signs nor any display that will indicate from the exterior of the
building that it is being utilized, in whole or in part, for any purpose
other than that of a dwelling; providing, also, that there is no stock
in trade or commodity sold upon the premises, no person is employed
to work on the premises other than a member of the family residing
on the premises, and no mechanical equipment is used except as is
customary for purely domestic or household purposes. The care and
supervision of not more than four (4) children other than those residing
on the premises shall be considered a permitted home occupation.
An institution providing medical and surgical care for humans
only, for both in and out-patients, including medical service, training
and research facilities.
A building or group of buildings which are intended, used,
converted or designed to be rented or let out to tourists and other
transients for compensation.
A space within the main building or on the same lot, providing
for the standing, loading or unloading of trucks, which space shall
have a minimum dimension of twelve (12) by thirty-five (35) feet and
a vertical clearance of at least fourteen (14) feet.
A platted parcel of land which has been or which is proposed
to be used, developed or built upon as a unit under single ownership.
A lot consists of a single lot of record.
A lot abutting upon two (2) or more street rights-of-way
at their intersections.
The mean horizontal distance between the front and rear lot
lines.
A lot having a frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
A lot other than a corner lot.
In case of an interior lot, that line which separates said
lot from the street right-of-way; in the case of a corner lot or double
frontage lot, those lines separating said lot from the street rights-of-way.
A lot that does not conform to the lot line definitions,
creating an irregularly shaped yard. The Zoning Administrator shall
determine the front, side and rear lot lines to preserve the intent
of this Chapter.
In the case of an interior lot, that lot line which is most
distant from and is opposite or nearly opposite to the front lot line.
In the case of a corner lot, that lot line which is opposite or nearly
opposite to the shortest front lot line. There is no rear lot line
on a double frontage lot.
The lines bounding a lot.
Any lot boundary line not a front or rear line.
The horizontal distance between side lot lines, measured
at the front building line.
A lot which is a part of a subdivision, the map of which
has been recorded in the office of the County Recorder of St. Louis
County and the description of which has been recorded in the office
of the County Recorder of St. Louis County.
A lottery game approved by the Missouri State Lottery Commission
which involves the purchase or sale of any chance or ticket which
allows the participant immediately to determine whether he/she has
won any prize, gift or other chance or opportunity to participate
further in another lottery game.
A lottery game approved by the Missouri State Lottery Commission
which involves the purchase or sale of any chance or ticket which
requires the purchaser to select at the site of purchase one (1) or
a series of chances, numbers or other items from a machine or electronic
device designed for that selection process, and which has as a prize
a revolving jackpot which may progressively increase under the rules
of the game.
Any equipment such as travel trailers, pickup campers or
coaches, motorized campers, tent trailers, boats, boats and boat trailers,
motorcycles and motorcycle trailers, and other vehicles intended for
off-road or racing purposes, and the like, and cases, boxes or trailers
for transporting recreational equipment, whether occupied by such
equipment or not.
A facility for the practice of medicine or dentistry for
humans, including accessory diagnostic laboratories, but not including
in-patient or overnight care, or operating rooms for major surgery.
A prefabricated building which arrives at its building site
requiring only site preparation and assembly of major components,
including installation on a permanent foundation.
See "HOTEL".
Incidental repairs or services to motor vehicles including
changing flat tires, repairing or servicing the electrical or ignition
system, replacing hoses, cleaning or replacing filters, installing
minor accessories, and adding or replacing lubricants, coolants, refrigerants
or hydraulic system fluids.
Any organization performing community services or economic
development activities in the State of Missouri and:
Holding a ruling from the Internal Revenue Service of the United
States Department of the Treasury that the organization is exempt
from income taxation under the provisions of the Internal Revenue
Code;
Incorporated in the State of Missouri as a not-for-profit corporation
under the provisions of Chapter 355, RSMo.; or
Designated as a community development corporation by the United
States Government under the provisions of Title VII of the Economic
Opportunity Act of 1964.
An unimproved lot which does not comply with the lot size
and/or requirements of the district in which it is located.
A structure which does not comply with the bulk and/or area
regulations applicable to a new structure in the zoning district in
which it is located.
A use of a structure or land which does not conform to the
allowable uses specified in the zoning district in which it is located.
A building intended for use as a medical care facility for
persons who need nursing care and medical service but do not require
intensive hospital care, licensed by the State of Missouri.
A permit issued by the City prior to occupancy of any structure.
A surfaced area, exclusive of driveways, permanently reserved for the temporary storage of one (1) automobile and connected with a street or alley by a driveway. The layout, arrangement and dimensions of drives and parking spaces shall be in accordance with Article VI of this Chapter.
A corporation, firm, partnership, association, organization
and any other group acting as a unit as well as individuals. It shall
also include an executor, administrator, trustee, receiver or other
representative appointed according to law. Whenever the word "person" is used in any Section of this Chapter prescribing
a penalty or fine as to a partnership or association, the word shall
include the partners or members thereof and, as to a corporation,
it shall include the officers, agents or members thereof who are responsible
for any violation of such Section.
A subdivision of land legally approved and recorded.
The structure in which the principal use on the lot is located.
The legally recorded boundary of a lot, tract or other parcel
of land.
A public or private way, at the rear or side of property,
primarily used as a means of secondary vehicular access to abutting
property.
A business engaged in the development and assembly of electronic
equipment, precision instruments or miniaturized mechanical prototypes.
Any building which is designed or used exclusively for residential
purposes, not including hotels, motels, nursing homes or similar institutions.
A restaurant located wholly within an enclosed shopping center
and having no separate entrance/exit for public usage directly to
the exterior of the shopping center, and
A restaurant located within mall building(s) of an enclosed
shopping center (as contrasted to a freestanding building on an out-parcel
of a shopping center) but having a separate entrance/exit for public
usage directly to the exterior of the shopping center and neither
(a) exceeding two thousand five hundred (2,500) square feet of gross
leasable floor area, nor (b) serving alcoholic beverages of any type.
The land opened, reserved or dedicated for a street, sewer,
utility, walk, drainage course or other public purpose.
See "TOWN HOUSE".
A hedge, earth berm, wall or fence to create a visual and/or
physical barrier.
The triangle area of a corner lot bound by the property lines
and a line connecting the two (2) points on the property lines thirty
(30) feet from the intersection of the property lines.
See Section 405.390 of this Chapter.
See Section 405.390 of this Chapter.
That portion of a building, other than a basement, included
between the surface of any floor and the surface of the floor next
above it or, if there be no floor above it, then the space between
the floor and the ceiling next above it.
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 two-thirds (2/3)
of the floor area is to be finished off for use. A half story containing
an independent apartment or living quarters shall be counted as a
full story.
All property dedicated or used as public right-of-way to
provide access to public or private property.
A dividing line between a lot, tract or parcel of land and
a continuous street.
The orientation of the structure accommodating the primary
use shall be the street on which the adjacent uses are oriented, except
when the predominant orientation of uses on the block is contrary
to the orientation of the adjacent uses, the predominant orientation
on the block shall govern.
Anything constructed or erected with a fixed location on
the ground or attached to something having or requiring a fixed location
on the ground.
The partitioning of a parcel or tract of land by an owner
or developer into two (2) or more lots of any size for the purpose
of sale, lease or development, whether immediate or future; included
are all changes in street lines, dedication or platting of streets,
and changes in lot lines.
A facility used for the treatment, either outpatient or inpatient,
for alcohol or drug abuse. The exterior appearance of the treatment
facility shall reasonably conform to the exterior appearance of other
structures in the vicinity. Such facility shall not be located closer
than three hundred (300) feet to any other substance abuse treatment
facility, or any church, synagogue or school building, including any
ground surrounding the same, or any public park or playground. If
such facility is used for inpatients, a minimum of one hundred sixty
(160) square feet of habitable floor space per person (as defined
in the Richmond Heights Existing Structures Ordinance) shall be provided,
which space shall be separate and apart from office space required
for out-patient treatment.
One (1) of a series of three (3) or more attached single-family
dwellings, two (2) or three (3) stories in height which are separated
horizontally from one another by solid partition walls extending from
basement to roof without openings.
A strip of land located between incompatible land uses which
is subject to private use restrictions, or a negative easement, or
is dedicated to public uses as open space, for the purpose of protecting
the built environment of a development or to enhance a street right-of-way,
or both.
A porch without walls.
The purpose or activity for which land or a building thereon
is designed, arranged or intended or for which it is maintained and
shall include any manner or performance of such activity with respect
to the performance requirements of this Chapter.
Regulations intended to delimit or emphasize the desired
nature and quality of uses permitted within a zoning district.
Regulations which relate to a specific quantifiable use condition
such as density or intensity or to building size, bulk or siting conditions
occurring anywhere and for any type of building located within a zoning
district.
A modification of the specific requirements of this Chapter
granted by the Board of Adjustment in accordance with the terms of
this Chapter. Use variance is a variance which permits a use other
than one of those prescribed by the Zoning Ordinance in the particular
district. Non-use variance is a variance of bulk restrictions, area,
height, density, setback, side line and other such restrictions.
Any vehicle used for business or institutional purposes and
having painted thereon or affixed thereto a sign identifying the business,
institution, or a principal product or service of the business; or
any motor vehicle used primarily for transportation of persons for
a fee or charge such as buses or taxicabs; or any truck used for business
or institutional purposes.
Any structure or premises conducting major vehicle repair
work within enclosed service bays or stalls, including the installation
or removal of engines, radiators, transmissions, differentials, fenders,
doors, bumpers or other major body or mechanical parts, or spray painting,
but not including tire recapping or vulcanizing, or the outdoor storage
of wrecked or otherwise damaged and immobilized vehicles.
Any structure or premises used for the servicing and minor
repair of vehicles within enclosed service bays or stalls, including
diagnostic services, lubrication of vehicles, and minor engine repair
such as tune-ups, and the sale and installation of minor parts and
accessories such as tires, batteries, shock absorbers, brakes, mufflers
and tail pipes. This use shall not include any establishment engaged
in major repair work such as the installation or removal of engines,
radiators, transmissions, differentials, fenders, doors, bumpers or
other major body or mechanical parts, spray painting, tire recapping
or vulcanizing, or the storage of wrecked or damaged and immobilized
vehicles.
See "GARDEN APARTMENT".
The sale of goods, merchandise and commodities for resale.
An open space on the same lot with a principal building or
group of buildings which is unoccupied and unobstructed from its lowest
level upward except as otherwise permitted in this Chapter and which
extends along a lot line and at right angles thereto to a depth or
width specified in the yard regulations for the district in which
the lot is located.
A yard extending along the full width of a lot between the
front line of the lot and the nearest point of the principal building.
That portion of a lot remaining after deduction therefrom
of the front and side yards.
That part of the yard between the nearest point of the principal
building and a side lot line, extending from the required front yard
(or from the front lot line if there is no required front yard) to
the required rear yard.
A yard that must be provided with landscaping and screening
on a lot in a non-residential district which abuts a residential district.
A transitional yard shall include any otherwise required yard requirement.
The duly approved, enacted and amended ordinance which controls
and regulates zoning in the City of Richmond Heights.
