[Ord. No. 336 Art.
1, 12-14-1999]
This Chapter shall be known and may be cited and referred to
as the Zoning Ordinance of the Village of Country Club, Missouri.
[Ord. No. 336 Art.
2, 12-14-1999]
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.
To cease or discontinue a use or activity for a period of
one hundred twenty (120) days other than during periods of remodeling,
maintaining or otherwise improving or rearranging a facility, or during
normal periods of vacation or seasonal closure. The one hundred twenty
(120) day period shall begin when normal utilities such as water,
sewer, gas, electric and telephone are terminated.
Having a common border with or being separated from such
a common border by a right-of-way, alley or easement.
A subordinate building or a portion of the main building,
the use of which is incidental to that of the dominant use of the
main building or land. An accessory use is one which is incidental
to the main use of the premises.
The use of land for agricultural purposes including farming,
dairying, pasturage, horticulture and animal and poultry husbandry,
fruit and nursing stock, fish farms, harvesting, processing, packaging,
packing, shipping and selling of products produced on the premises,
incidental farm occupations and uses such as machinery, farm equipment.
A public or private way permanently reserved as a secondary
means of access to abutting property.
A room or suite of rooms used as a dwelling of a family,
including bath and culinary accommodations, which occupies less than
an entire building.
See "DWELLING, MULTIPLE".
Any land, structure or premises used for the sale at retail
of motor vehicle fuel, oils or accessories, or for servicing or lubricating
motor vehicles or installing or repairing parts and accessories, but
not including the repairing or replacing of motors, bodies or fenders
of motor vehicles or painting motor vehicles, public garages and the
open storage of rental vehicles or trailers.
Any premises wherein alcoholic beverages are sold at retail
for consumption on the premises and minors are excluded from by law.
It shall not mean a premises wherein such beverages are sold in conjunction
with the sale of food for consumption on the premises and the sale
of said beverages comprise less than twenty-five percent (25%) of
gross receipts.
Story having part but not more than one-half (½) of
its height above grade and used for storage, garages for use of occupants
of the building or other utilities common to the rest of the building.
A basement used for the above purposes shall not be counted as a story.
A sign that identifies or communicates a commercial or non-commercial
message related to an activity conducted, a service rendered or a
commodity sold at a location other than where the sign is located.
A building other than a hotel where, for compensation and
by arrangement, meals or lodging are provided. The operator of the
inn shall live on the premises or in adjacent premises.
A landscaped area, including fences, intended to separate
and partially obstruct the view of two (2) adjacent land uses or properties
from one another.
Any structure designed or built for the support, enclosure,
shelter or protection of persons, animals, chattels or property of
any kind.
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 ridge for gable, hip
and gambrel roofs.
The line parallel to the street line that passes through
the point of the principal building nearest the front line. The term "principal building" does not include covered unenclosed
porches and/or steps that do not extend over eight (8) feet.
A permit issued by the Building/Zoning Officer indicating
the proposed construction work is in conformity with the requirements
of these regulations and may, therefore, proceed.
A development design that concentrates buildings in specific
areas on a site to allow the remaining land to be used for recreation,
common open space and preservation of environmentally sensitive areas.
Also known as the Master Plan. The compilation of policy
statements, goals, standards and maps for guiding the physical, social
and economic development, both private and public, of Country Club
Village, Missouri, and its surrounding environment.
Granted when the strict application of the zoning regulations
would create an undue hardship. The applicant may request relief from
the Planning and Zoning Commission. Said conditions should be set
forth by the Planning and Zoning Commission.
A permanent street terminating at one (1) end without connecting
with any other road and designed so that it cannot be extended further
without taking property not dedicated to a street.
A traverse drain that channels under a bridge, street or
driveway.
Number of dwelling units per acre.
A building which does not have a wall, roof or other structural
member in common with or in contact with another building.
To construct any structure or to install any improvements
on a tract of land or to undertake any activity (such as grading)
in preparation therefor.
A section or sections of the Village for which the zoning
regulations governing the use of buildings and premises, the height
of buildings, the size of yards and the intensity of use are uniform.
A place of business being operated for the retail sale of
food and other goods, services or entertainment wherein patrons may
be served or otherwise conduct their business while remaining in their
automobiles. A restaurant which does not provide at least fifteen
(15) seats within the enclosed interior of the building shall be considered
a drive-in establishment.
A building or portion thereof intended for occupancy for
residential purposes but not including hotels, motels, rooming houses,
nursing homes, temporary shelters, tourist homes and trailers.
A building designed for or occupied exclusively by more than
two (2) families.
A building designed for or occupied by one (1) family.
A building designed for or occupied exclusively by two (2)
families.
Authorization by property owner for use by the public, corporation,
or another person or entity for a specific purpose of any designated
part of his/her property for the purpose of connecting and maintaining
utilities including, but not limited to, sanitary sewers, water mains,
electric lines, telephone lines, storm sewer or storm drainage ways
and gas lines.
A group of one (1) or more persons occupying premises and
living as a single housekeeping unit, whether or not related to each
other by birth or marriage, as distinguished from a group occupying
a boarding house or hotel as defined herein. Any group consisting
of more than four (4) persons unrelated by birth or marriage shall
not be considered a family.
A protective, confining or decorative barrier separate from
any building and not including any living plant material.
An occasional or periodic market held in an open area or
structure where groups of individual sellers offer goods for sale
to the public from individual, independent locations or stalls.
The sum of the areas of the number of floors in a building,
including areas used for human occupancy in basements and attics,
as measured from the extension faces of the walls. It does not include
cellars, unenclosed porches or attics not used for human occupancy
or any floor space in an accessory building. However, if a cellar
or basement is used for commercial purposes, it shall be counted as
floor area in computing off-street parking requirements.
Lands which are subject to periodic flooding and have been
defined by the Soil Conservation Service of the U.S. Department of
Agriculture to have alluvial soil deposits, indicating that such flooding
has taken place, as defined by any technically qualified engineer
and accepted by the Board of Trustees as such a floodplain with approval
of the Missouri Department of Natural Resources.
A residence or building in which more than twelve (12) hour
care is provided to no more than five (5) children, two (2) or more
of which are unrelated to the foster parents. Foster homes shall be
permitted in all residential districts, the same as would a family.
The length of the property abutting on one (1) side of a
street measured along the dividing line between the property and the
street.
An accessory building designed or used for the storage of
not more than four (4) motor-driven vehicles owned and used by the
occupants of the building which is accessory. Not more than one (1)
of the vehicles may be a commercial vehicle of not more than two (2)
ton capacity.
A building or portion thereof, other than a private or storage
garage, designed or used for equipment, repairing, hiring, selling
or storing motor-driven vehicles.
All general sales, open to the public at periodic or irregular
intervals, conducted from or on a residential premises for the purpose
of disposing of personal property. Garage sales shall include "lawn", "yard", "attic", "porch", "room", "back
yard" or "patio" sales. This definition
shall not include a situation where no more than five (5) specific
items are held out for sale and all advertisement of such sale specifically
names those items to be sold.
The Board of Trustees of Country Club Village, Missouri.
Average level of the finished surface of the ground adjacent
to the exterior walls of the building.
A dwelling in which eight (8) or less unrelated mentally
or physically handicapped persons reside and may include up to two
(2) additional persons acting as houseparents or guardians who need
not be related to each other or to any of the mentally or physically
handicapped persons residing in the home. The exterior appearance
of the home must be compatible with the neighborhood in which it is
located.
An area containing buildings or places in which historic
events occurred or having special public value because of notable
architectural or other features relating to the cultural, artistic
heritage of the community of such significance as to warrant conservation
and preservation.
A business, profession, service or trade conducted for gain or support entirely within a residential building. (See Section 405.270.)
A building or group of buildings having room facilities for
one (1) or more abiding patients used for providing services for the
inpatient, medical or surgical care of ill or injured humans and which
may include related facilities, central service facilities and staff
offices; provided however, that such related facility must be incidental
and subordinate to the main use and must be an integral part of the
hospital operation.
A building in which lodging or boarding are provided and
offered to the public for compensation 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 at all hours. As such, it is open to the public
in contrast to a boarding house or an apartment house which are separately
defined in this Section.
A planned coordinated development of a tract of land for
a variety of industrial and related activities. The project is developed
or controlled by one (1) proprietary interest. It has an enforceable
master plan and/or covenants, conditions and restrictions that may
be more restrictive than this Chapter.
Any establishment, place of business or place of storage
or deposit which is maintained, operated or used for storing, keeping,
buying or selling junk, wrecked, scrapped, ruined or dismantled motor
vehicles or motor vehicle parts which are stored, salvaged or sold.
Any place, area, building or structure where dogs or cats
or other household domestic pets are boarded, bred, housed, cared
for, fed or trained by someone other than the owner. The occasional
raising and sales of a litter of kittens or puppies or other household
domestic pets shall not constitute a kennel.
A disposal site employing an engineering method of disposing
of solid waste in a manner that minimizes environmental hazards by
spreading, compacting to the smallest volume and applying cover material
over exposed waste at the end of each operating day.
A piece, parcel or tract of land which is located within
a single block fronting on a dedicated public street and is equipped
or utilized or designated to be occupied, developed or utilized as
a unit under single ownership or control for a principal use and uses
accessory thereto, together with such open spaces as are required
by this Chapter.
The product of the width multiplied by the length of a lot.
A lot abutting upon two (2) or more streets at their intersection.
The mean horizontal distance between the front and the rear
lot lines.
A lot having a frontage on two (2) or more streets at their
intersection.
A lot which is part of a subdivision, the map of which has
been recorded in the office of the Recorder of Deeds of the County,
or a parcel of land, the deed of which was recorded in the office
of the Recorder of Deeds prior to the adoption of this regulation.
A factory-built single-family dwelling unit fabricated in
an off-site manufacturing facility for installation or assembly at
the building site, bearing a label certifying that it is built in
compliance with the Federal Manufactured Housing Construction and
Safety Standards (42 United States Code, Section 5401). Such structure
is not constructed or equipped with a permanent hitch or other device
allowing it to be moved other than for the purpose of moving to a
permanent site and which does not have permanently attached to its
body or frame any wheels or axles and is installed on a permanent,
load-bearing foundation. Such dwelling shall be compatible in appearance
with surrounding residential structures. A mobile home or modular
home is not a manufactured home. Upon construction, such units are
indistinguishable in appearance from conventionally built structures.
For the purposes of this Chapter, manufactured homes are considered
as permissible single-family dwellings in appropriate districts.
Any building designed for use by one (1) or more persons
lawfully engaged in the diagnosis, care and treatment of physical
or mental diseases or ailments of human beings including, but not
limited to, doctors of medicine, dentists, chiropractors, osteopaths,
optometrists, podiatrists and in which no patients are lodged overnight,
but which may include apothecary.
A structure, transportable in one (1) or more sections, which
has a body width of eight (8) feet or more and a body length of thirty-six
(36) feet or more and which is built on a permanent chassis and designed
to be used as a dwelling, with or without a permanent foundation,
when connected to the required utilities and includes the plumbing,
heating, air-conditioning and electrical systems contained therein.
An area, piece, parcel, tract or plot of ground equipped
and required for support of mobile homes and used or intended to be
used by one (1) or more occupied mobile homes, but under no circumstance
shall the mobile home spaces be sold or offered for sale individually.
The term "mobile home park" does not include sales
lots on which unoccupied mobile homes, whether new or used, are parked
for the purposes of storage, inspection or sale.
A dwelling unit fabricated at an off-site manufacturing facility
for installation, assembly at the building site or to be incorporated
with similar units at a building site for use in residential, commercial,
educational or industrial settings.
A building or group of buildings, including either separate
units or a row of units, which:
A lawful condition of a structure or land which does not
conform to the regulations of the district in which it is situated.
This shall include, but is not limited to, conform to use, height,
area, coverage or off-street parking requirements.
A permit issued by the Building/Zoning Officer indicating
a use lawfully in existence on the effective date of this Chapter
and not conforming to the regulations for the district in which it
is situated.
An institution or agency licensed by the State of Missouri
for the aged, chronically ill or incurable persons in which three
(3) or more persons not of the immediate family are received, kept
and provided with food or shelter and care for compensation but not
including hospitals, clinics and similar institutions devoted primarily
to the diagnosis, treatment or care of the sick or injured.
A permit issued by the Building/Zoning Officer indicating
that a newly completed structure complies with all pertinent requirements
of these regulations and may, therefore, be occupied or used.
A building or portion of a building wherein services are
performed involving predominantly administrative, professional or
clerical operations.
A contiguous lot or tract of land owned and recorded as the
property of the same person or controlled by a single entity.
An area open to the general public and reserved for recreational,
educational or scenic purposes.
An open, unoccupied space used or required for use for parking
of vehicles exclusively and in which no gasoline or vehicular accessories
are sold or other business is conducted and no fees are charged.
An opened surface area used exclusively for the temporary
storage of motor vehicles, but on which vehicles may be equipped,
repaired, rented or sold.
A surfaced area, enclosed in the main building or unenclosed,
having an area of not less than one hundred sixty-two (162) square
feet, exclusive of driveways, permanently reserved for the temporary
storage of one (1) automobile and connected with a street or alley
by a surfaced driveway which affords satisfactory ingress and egress
for automobiles.
An agreement between a subdivider or developer with the Village
for an amount specified by the Village Board which guarantees completion
of physical improvements according to plans and specifications within
the time prescribed in the agreement.
A development of land that is under unified control and is
planned and developed as a whole in a single development operation
or programmed series of development stages.
The Planning and Zoning Commission of Country Club Village,
Missouri.
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 extension of a building.
A non-profit association of persons who are bonafide members
paying annual dues which owns, hires or leases a building or premises
being restricted to members and their guest. The affairs and management
of such private clubs are conducted by a board of directors, executive
committee or similar body chosen by the members at their annual meeting.
It shall be permissible to serve goods and meals on such premises
providing adequate dining room space and kitchen facilities are available.
Any of the following:
CAMPING TRAILERA folding structure mounted on wheels and designed for travel, recreation and vacation use.
MOTOR HOMEA portable, temporary dwelling to be used for travel, recreation and vacation constructed as an integral part of a self-propelled vehicle.
PICKUP COACHA structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.
TRAVEL TRAILERA vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses permanently identified "travel trailer" by the manufacturer of the trailer or a home-built trailer used for such purpose.
A public eating establishment at which the primary function
is the preparation and serving of food. This includes cafes, cafeterias
and similar establishments.
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, electric transmission line, oil or gas
pipeline, water main, sanitary or storm sewer main, shade trees or
other special use.
The sale of personal property or donated goods where the
proceeds therefrom shall be utilized by a non-profit or charitable
organization.
A listing of assorted costs and charges authorized by Village
ordinance and included by reference in this order. This schedule
shall be updated periodically by the Village Board of Trustees.
The method by which the view of one site from another adjacent
site is shielded, concealed or hidden. Screening techniques include
fences, walls, hedges, beams or other features used as a means of
visual and noise control.
A building or structure consisting of individual, small,
selfcontained units that are leased or rented for the storage of business
and household goods or contractor supplies.
Any premises where gasoline and other petroleum products
are sold and/or light maintenance activities such as engine tune-ups,
lubrication, minor repairs and carburetor cleaning are conducted.
Service stations shall not include premises where heavy automobile
maintenance activities such as engine overhauls, automobile painting
and body fender work are conducted.
Distance from the right-of-way line to the building for the
purpose of defining limits within which no building or structure or
any part thereof shall be erected or permanently maintained.
A group or groups of three (3) or more commercial establishments
developed in accordance to an overall plan and designed and built
as an interrelated project.
That portion of the road right-of-way outside the roadway
which is provided for pedestrian traffic.
Any device which shall display or include any letter, word,
model, banner, flag, pennant, insignia, device or representation used
as, or which is in the nature of, an advertisement or announcement
which directs attention to an object, product, place, activity, person,
institution, organization or business but shall not include any display
of official notice or official flag.
A site plan shall be required for all building permits. The
plan shall be neatly drawn, clearly showing the lot dimensions; location
on the lots of existing buildings (if any) including existing buildings
dimensions; and measured front, rear and yard setbacks from the lot
lines of all buildings. The setback distances shall be shown on both
any existing and proposed structures. The locations of driveways and
sidewalks (both existing and proposed) shall be shown on the site
plan. The site plan drawing shall also have the name of the street
or roadway upon which the lot fronts, a north arrow and the lot number.
The same information is required for matters requiring action by the
Planning Commission or Zoning Board of Appeals.
This definition contains the minimum requirements for a site
plan on most normal lot layouts. Additional information may be required
if unusual or environmental circumstances warrant.
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 is no floor above it, then the space between
the floor and the ceiling next above it.
A partial story under a gable, hip or gambrel roof, the wall
plates of which on at least two (2) opposite exterior walls are not
more than three (3) feet above the floor of such story; except that
any partial story used for residential purposes, other than for a
janitor or caretaker or his/her family or by a family occupying the
floor immediately below it, shall be deemed a full story.
The entire width between property lines of a way or place
dedicated, acquired or intended for the purpose of public use for
vehicular traffic or access other than an alley.
ARTERIALA street which provides direct access to abutting land and local traffic movement whether in business, industrial or residential areas.
COLLECTORA street which provides for traffic movement between arterials and local streets with direct access to abutting property.
LOCALA street which provides direct access to adjacent property and local traffic movement whether in business industrial or residential areas. Normally such streets do not carry through traffic and have low vehicle speeds.
Dividing line between a lot, tract or parcel of land and
a contiguous street.
Anything constructed or erected, the use of which requires
permanent location on the ground or attachment to something having
a permanent location on the ground but not including fences or public
items such as utility poles, street light fixtures and street signs.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders, or any
complete rebuilding of the roof or the exterior walls. For the purpose
of this regulation, the following shall not be considered a structural
alteration:
Every vehicle without motive power designed or used for carrying
persons or property and for being drawn by an outside power source.
A modification or variation of the strict provisions of this
Chapter, as applied to a specific piece of property, in order to provide
relief for a property owner because of undue hardship which will result
in peculiar and exceptional practical difficulties or exceptional
and undue hardship as imposed by this Chapter. A variance shall normally
be limited to height, bulk, density and yard requirements.
An open space at grade between a building and the adjoining
lot lines, open, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided in these regulations.
In measuring a yard for the purpose of determining the width of a
side yard, the depth of a front yard or the depth of the rear yard,
the minimum horizontal distance between the lot line and the main
building shall be used.
A yard extending across the full width of the lot, the depth
of which is the least distance between the right-of-way and the building
setback line.
A yard extending across the full width of the lot, the depth
of which is the least distance between the rear lot line and the rear
setback line.
A yard extending from the front yard or front lot line, where
no front yard is required, to the rear yard.
A section of the zoning area for which uniform regulation
governing the use, height, area, size and intensity of use of buildings,
land and open space are herein established.
The term "zoning regulations" or "this or these regulations" or "zoning order" or "this order" shall mean the requirements stipulated
in the regulations in this Chapter.
[Ord. No. 336 Art.
3, 12-14-1999]
A.
In
order to classify, regulate and restrict the locations of trades,
industries and residences and the location of buildings designed for
specific uses; to regulate and limit the height and use of buildings
hereafter erected or structurally altered; to regulate and limit the
intensity of use and the lot areas; and to regulate and determine
the areas of yards, courts and other open spaces surrounding such
buildings, the Village of Country Club is hereby divided into districts
of which there shall be eight (8) in number known as:
1.
"A-1" General Agricultural District.
2.
"R-1a" Single-Family Estate District.
3.
"R-1b" Single-Family District.
4.
"R-2" Two-Family Residential District.
5.
"R-3" Multiple-Family Residential District.
6.
"B-1" Neighborhood Business District.
7.
"B-2" General Business District.
8.
"I-1" Planned Industrial Park District.
9.
"M" Mobile Home District.
10.
"P" Planned Unit District.
11.
"P, C and L" Private Clubs and Lodges District.
B.
The
boundaries of these districts are shown upon the "Zoning District
Map for the Village of Country Club, Missouri" which accompanies and
is made a part of this Chapter. Said map and all the information shown
thereon shall have the same force and effect as if all were fully
set forth and described herein. The original of the Zoning District
Map is properly attested and is on file with the Village Clerk of
the Village of Country Club, Missouri.
C.
All territory which may hereafter be annexed to the Village of Country Club shall be classified in the "R-1a" Single-Family Estate District until, within a reasonable time after annexation, the annexed territory shall be appropriately classified by ordinance in accordance with Section 405.330 Amendments of this Chapter.
D.
Where
uncertainty exists with respect to the boundaries of the various districts
shown on the Zoning District Map, the following rules shall apply:
1.
Where a boundary line is given a position within a street, highway
right-of-way, alley or stream, it shall be deemed to be in the center
of the street, highway right-of-way, alley or stream, and if the actual
location of such street, highway right-of-way, alley or stream varies
slightly from the location as shown on the Zoning District Map, then
the actual location shall control.
2.
Where a boundary line is shown as being located a specific distance
from a street line or other physical feature, this distance shall
control.
3.
Where the district boundaries are not otherwise indicated and where
the property has been or may hereafter be divided into blocks and
lots, such boundaries shall be construed to be the lot lines and where
the districts are bounded approximately by lot lines, said lot lines
shall be construed to be the boundary of such districts unless said
boundaries are otherwise indicated on the map.
4.
In unsubdivided property, unless otherwise indicated, the district
boundary line shall be determined by the use of the scale shown on
the Zoning District Map.
E.
Whenever
any street, alley, public way, railroad right-of-way, waterway or
other similar area is vacated by proper authority, the districts adjoining
each side of such street, alley, public way, railroad right-of-way
or similar area shall be extended automatically to the center of such
vacation and all area included in the vacation shall then and thenceforth
be subject to all appropriate regulations of the extended districts.
In the event of a partial vacation, the adjoining district or district
nearest the portion vacated shall be extended automatically to include
all the vacated area.
F.
Except
as hereinafter provided:
1.
No building or land shall be used or occupied and no building or
part thereof shall be erected, converted, enlarged, reconstructed,
moved or altered unless it is in conformity with the regulations specified
for the district in which it is located.
2.
No part of a yard or other open space about any building required for the purpose of complying with the provisions of the standards in this Section shall be included as a part of a yard or other open space similarly required for another building, except as provided by Subsection (F)(4) below.
3.
Whenever a property owner owns two (2) adjoining platted lots and
wishes to build on said lots, one (1) of the following two (2) procedures
will be adhered to:
a.
A property owner may build across the interior lot line, provided
all other setback and yard requirements are met and, provided further,
that said building would not interfere with any utility or easement.
b.
Should said owner wish to utilize both of said lots without complying
with the above provisions, said property owner must file an application
to replat said lots so as to incorporate the two (2) lots into one
(1) lot as required by the Village subdivision regulations.
c.
If said property owner does not build across the interior line of
said lots, all yard requirements defined in this Section shall be
met; and the remaining adjoining lot may not be considered for the
purpose of meeting the said yard requirements as defined in this Chapter.
4.
Every building hereafter erected or structurally altered shall be
located on a lot of record as herein defined and in no case shall
there be more than one (1) main building on one (1) lot unless otherwise
provided in this Chapter.
