[R.O. 1993 § 400.010; R.O. 1993 § 400.010; Ord. No. 1431 § I, 8-13-1968]
This Chapter shall be known and may be cited and referred to
as "The Zoning Code of the City of Charleston, Missouri."
[R.O. 1993 § 400.020; Ord. No.
1431 § II, 8-13-1968]
For the purpose of this Chapter, certain terms and words are
hereby defined. Words used in the present tense shall include the
future; the singular number shall include the plural and the plural
the singular; the word "building" shall include the word "structure"
and the word "shall" is mandatory and not directory.
ACCESSORY BUILDINGS
A subordinate building which is incidental to and customary
in connection with the principal building or use and which is located
on the same lot with such principal building or use.
ACCESSORY USE
A subordinate use which is incidental to and customary in
connection with the principal building or use and which is located
on the same lot with such principal building or use.
ALLEY
A public or private thoroughfare which affords only a secondary
means of access to abutting property.
BASEMENT
A story having part but not more than one-half (1/2) of its
height below grade. A basement is counted as a story for the purpose
of height regulation if subdivided and used for dwelling purposes
other than by a janitor employed on the premises.
BILLBOARD
A sign which directs attention to a business, commodity,
service, or entertainment conducted, sold or offered elsewhere than
upon the same lot.
BUILDABLE WIDTH
The width of the lot left to be built upon after the side
yards are provided.
BUILDING
Any structure having a roof supported by column or walls
built 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. When any portion of a building
is completely separated from any other portion thereof by a division
wall without openings or by a fire wall, then each such portion shall
be deemed to be a separate building.
BUILDING, HEIGHT OF
The vertical distance from the grade to the highest point
of the coping of a flat roof, or the deck line of a mansard roof,
or to the mean height level between eaves and ridge for gable, hip
and gambrel roof.
CELLAR
A story having more than one-half (1/2) of its height below
grade.
CLINIC, MEDICAL
An establishment where patients are not lodged overnight,
but are admitted for examination and treatment by a group of physicians
or dentists practicing medicine together.
DWELLING
Any building or portion thereof which is designed and used
exclusively for residential purposes.
DWELLING, SINGLE-FAMILY
A building designed for or occupied exclusively by one (1)
family, but not hotels. The classification single-family dwelling
shall include any home in which eight (8) or fewer unrelated mentally
or physically handicapped persons reside, and 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 and 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.
DWELLING, MULTIPLE
A building designed for or occupied exclusively by more than
two (2) families.
DWELLING UNIT
One (1) or more rooms in a dwelling occupied or intended
to be occupied as separate living quarters by a single family as defined
herein.
FAMILY
A group of one (1) or more persons occupying a premises and
living as a single housekeeping unit and whose relationship with one
another descends from an immediate common ancestor or by marriage.
An individual or not more than two (2) adults living together with
persons related to them by blood, marriage, or adoption, or a group
of not more than three (3) persons who need not be related to each
other by blood or marriage, living together and subsisting in common
as a single non-profit housekeeping unit utilizing only one (1) kitchen.
For the purpose of any zoning law, ordinance or code, the classification
single-family residence shall include any home in which eight (8)
or fewer unrelated mentally or physically handicapped persons reside,
and may include two (2) additional persons acting as house parents
or guardians who need not to be related to each other or to any of
the mentally or physically handicapped persons residing in the home.
FARM
An area which is used for the growing of the usual farm products,
such as vegetables, fruit, trees, and grain and their storage on the
area, as well as for the raising thereon of the usual farm poultry
and farm animals, such as horses, cattle, sheep and swine. The term
"farming" includes the operating of such an area for one (1) or more
of the above uses, including dairy farms with the necessary accessory
uses for treating or storing the produce; provided, however, that
the operation of such accessory uses shall be secondary to that of
the normal farming activities, and provided, further, that farming
does not include the feeding of collected garbage or offal to swine
or other animals.
FILLING STATION
Any building or premises used for the sale, at retail, of
motor vehicle fuels, oils or accessories, or for servicing or lubricating
motor vehicles or installing or repairing parts and accessories, but
not including the repairing or replacement of motors, bodies, or fenders
of motor vehicles, or painting motor vehicles, and excluding public
garages.
FLOOR AREA
The total number of square feet of floor space within the
exterior walls of a building, not including space in cellars or basements;
however, if the cellar or basement is used for business or commercial
purposes, it shall be counted as floor area in computing off-street
parking requirements.
FRONTAGE
All the property on one (1) side of a street between two
(2) intersecting streets (crossing or terminating), measured along
the line of the street, or if the street is dead-ended, then all of
the property abutting on one (1) side between an intersecting street
and the dead-end of the street, but not including property more than
four hundred (400) feet distant on either side of a proposed building
or structure.
GARAGE, COMMERCIAL
Any building, or premises except those used as a private
or storage garage, used for equipping, repairing, hiring, selling
or storing motor-driven vehicles. The term repairing shall not include
an automotive body repair shop nor the rebuilding, dismantling, or
storage of wrecked or junked vehicles.
GARAGE, PRIVATE
A detached accessory building, or portion of the main building,
housing the automobiles of the occupants of the premises.
GRADE
The average level of the finished surface of the ground adjacent
to the exterior walls of the building, except when any wall approximately
parallels and is not more than five (5) feet from a street line, then
the elevation of the street at the center of the wall adjoining the
street shall be grade.
HOME OCCUPATION
Any occupation or profession carried on by a member of the
immediate family, residing on the premises, in connection with which
there is used no sign other than a name plate, or no display that
will indicate from the exterior that the building is being utilized
in whole or in part for any purpose other than that of a dwelling;
no person is employed other than a member of the immediate family
residing on the premises.
HOTEL
A building in which lodging is provided and offered to the
public for compensation, and which is open to transient guests, in
contradistinction to a boarding house or lodging house as herein defined.
INSTITUTION
A building occupied by a non-profit corporation or a non-profit
establishment for public use.
LAUNDROMAT
A business that provides home-type washing, drying, or ironing
machines for hire to be used by customers on the premises.
LODGING HOUSE
A building or place where lodging and boarding is provided
(or which is equipped regularly to provide lodging and boarding by
prearrangement for definite periods) for compensation for three (3)
or more, but not exceeding twelve (12) individuals, not open to transient
guests, in contradistinction to hotels open to transients.
LOT
A parcel of land occupied or intended for occupancy by a
use permitted in this Chapter, including one main building together
with its accessory buildings, open spaces and parking spaces required
by this Chapter, and having its principal frontage upon a street.
LOT, CORNER
A lot abutting upon two (2) or more streets at their intersection.
LOT, DEPTH OF
The mean horizontal distance between the front and rear lot
lines.
LOT, DOUBLE FRONTAGE
A lot having a frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
LOT OF RECORD
A lot or parcel of land, the deed of which has been recorded
in the office of the County Recorder of Mississippi County, Missouri,
prior to the adoption of this Chapter.
MOTEL, MOTOR COURT, MOTOR LODGE or TOURIST COURT
Any building or group of buildings containing guest rooms
or dwelling units, some or all of which have a separate entrance leading
directly from the outside of the building with garage or parking space
conveniently located on the lot, and designed, used or intended wholly
or in part for the accommodation of automobile transients.
NONCONFORMING USE
Any building or land lawfully occupied by a use at the time
of passage of this Chapter or amendment thereto which does not conform
after the passage of this Chapter or amendment thereto with the use
regulation of the district in which it is situated.
NURSING HOME
A home for the aged or infirm, in which three (3) or more
persons not of the immediate family are received, kept or provided
with food and shelter or care, for compensation, but not including
hospitals, clinics, or similar institutions.
PARKING SPACE, OFF-STREET
An area, enclosed or unenclosed, sufficient in size to store
one (1) automobile, together with a driveway connecting the parking
space with a street, road, or alley and permitting ingress and egress
of an automobile.
PREMISES
A lot, together with all buildings and structures thereon.
SIGN
An identification, description, illustration, or device which
is affixed to or represented directly or indirectly upon a building,
structure or land, and which directs attention to a product, place,
activity, person, institution, or business.
STORY
That portion of a building, other than a cellar, 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.
STORY, HALF
A space under a sloping roof which has the line of intersection
of roof decking and wall face not more than three (3) feet above the
top floor level, and in which space not more than sixty percent (60%)
of the floor area is finished off for use. A half story may be used
for occupancy only in conjunction with and by the occupancy of the
floor immediately below.
STREET
A public way which affords the principal means of access
to abutting property.
STRUCTURE
Anything constructed or erected, the use of which requires
permanent location on the ground or attached to something having a
permanent location on the ground and including, but not limiting the
generality of the foregoing, advertising signs, billboards, backstops
for tennis courts, and pergolas.
STRUCTURAL ALTERATION
Any change except those required by law or ordinance, that
would prolong the life of the supporting members of a building or
structure, such as bearing walls, columns, beams or girders, not including
openings in bearing walls as permitted by other ordinances.
TRAILER OR MOBILE HOME PARK
An area where two (2) or more trailers can be or are intended
to be parked, designed or intended to be used as living facilities
for one (1) or more families.
YARD
An open space on the same lot with a building unoccupied
and unobstructed by any portion of the structure from the ground upward,
except as otherwise provided in this Chapter.
YARD, FRONT
A yard across the full width of the lot extending from the
front line of the main building to the front line of the lot.
YARD, REAR
A yard extending the full width of the lot between a main
building and the rear lot line.
YARD, SIDE
A yard between the main building and the side line of the
lot, and extending from the front yard line to the rear yard line.