[Ord. No. 224 §§1 —
2(2.01), 10-19-2005]
A.
For
the purposes of this Chapter, certain rules of construction apply
to the text, as follows:
1.
Words used in the present tense include the future tense; and the
singular includes the plural, unless the context clearly indicates
the contrary.
2.
The terms "shall" and "must" are
always mandatory and not discretionary; the word "may" or "should" are permissive.
3.
Words or terms not interpreted or defined by this Article shall be
used with a meaning of common or standard utilization.
4.
The word "person" includes a firm, organization,
association, partnership, trust, company or corporation, as well as
an individual.
5.
The words "use" or "occupy" shall
include the words "intended", "designed" or "arranged" to be "used" or "occupied".
[Ord. No. 224 §§1 —
2(2.02), 10-19-2005]
The following definitions shall apply in interpretation and
enforcement of this Chapter, unless otherwise specifically stated:
Describes property in relation to another piece of property
as touching. In the case of roads, highways of all types, manmade
waterways and natural waterways, will be addressed as non-existent.
A subordinate building or structure having a use customarily
incident to and located on the lot occupied by 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.
A use incidental and subordinate to the principal use of
the premises.
A surface area of land that equals forty-three thousand five
hundred sixty (43,560) square feet
The use of land for agricultural purposes, including farming,
dairying, pasturage, apiculture, horticulture, floriculture, viticulture
and animal and poultry husbandry and the necessary accessory uses
for packing, treating or storing the produce; provided however, that
the operation of any such accessory uses shall be secondary to that
of the normal agricultural activities. The operation of sales yards
and auction yards for cattle or hogs shall be deemed an industrial
and not an agricultural use.
A minor public or private right-of-way shown on a plat providing
secondary vehicular access to the rear or side of a lot, block or
parcel of land otherwise abutting a street.
Any addition, removal, extension or change in the location
of any exterior wall of a main building or accessory building.
A room or a suite of rooms within an apartment house arranged,
intended or designed for a place of residence of a single family or
group of individuals living together as a single housekeeping unit.
An apartment house which furnishes for the use of its tenants
services ordinarily furnished by hotels, but the privileges of which
are not primarily available to the public.
A multi-family apartment building of two and one-half (2½)
stories in height served by one (1) or more elevators. Typical apartment
houses are designed with an internal single or double loaded corridor
which opens to a number of apartment flats. Apartment houses, because
of their height, are usually constructed with steel frame or reinforced
concrete.
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 unit development.
Construction plans revised to show a facility or structure
as actually constructed and as it appears on the tract of land involved.
An office building or portion thereof which provides for
the custody, loan, exchange or issue of money, the extension of credit
or facilitating the transmission of funds and which may include accessory
drive-up units on the same premises.
A story below the first (1st) story as defined under "story",
counted as a story for height regulations, in multi-family districts
if subdivided and used for dwelling purposes.
An area of land within a subdivision that is entirely bounded
by streets, highways or right-of-way, except alleys, or between streets,
highways, streams, parks, etc., or any other barrier or combination
thereof to the continuity of development.
A building, other than a hotel, occupied as a single housekeeping
unit, where lodging or meals are provided for guests for compensation,
pursuant to previous arrangements, but not for the public or transients.
See "GREENBELT".
Any structure having a roof supported by columns 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.
The proportion of the lot area, expressed as a percent, that
is covered by the maximum horizontal cross section of a building or
buildings.
The vertical distance from the average ground level abutting
a building or structure to the highest point of the roof of a building
or highest point of any permanent part of a structure other than a
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.
An official document issued by the City authorizing performance
of a specified building activity.
The term used to indicate the size and setback of a building
or structure and the location of same with respect to another building
or structure or to a lot line and includes the following: size and
height of a building or structure; location or exterior walls of a
building in relation to lot lines, streets or other buildings; the
floor area of a building in relation to the area of the lot on which
it is located; the open space allocated to a surrounding building;
and the amount of lot area per dwelling unit.
A place for burial of the dead, including crematory facilities
as an accessory use.
A building used principally for religious worship but the
word church shall not include or mean an undertaker's chapel or funeral
building, a religious educational institution or parochial school
or day care center.
The City of New Melle, Missouri.
The officially elected Board of Aldermen of the City of New
Melle; the term may be abbreviated in this Chapter as the "Board of
Aldermen".
Any person(s) who, by appointment of the Board of Aldermen
or pursuant to contract with the City or pursuant to assignment by
the Board of Aldermen, performs the duties set forth in this Code
designated or assigned to a City Engineer. The City Engineer shall
not be limited to one (1) single person, but may be more than one
(1) person according to the division of tasks and responsibilities
by the Board of Aldermen.
[Ord. No. 315 §2, 7-20-2011]
The officially appointed Planning and Zoning Commission of
the City of New Melle; the term may be abbreviated in this Chapter
as the "Commission".
A building or premises used for social, recreational, dining
or philanthropic purposes, the normal use of which is limited to specific
members, patrons or otherwise listed and enumerated persons.
The Planning and Zoning Commission for the City of New Melle,
Missouri.
A residential cluster subdivision, a commercial or industrial park or a planned unit development as defined in Article V of this Chapter.
A comprehensive land use plan made and adopted by the City
Planning and Zoning Commission and Board of Aldermen for the City
of New Melle which through any 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 New Melle.
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, prosperity or general welfare. Such uses may be permitted
in such zoning districts as conditional uses, if specific provisions
for such zoning districts as conditional uses are made in this zoning
ordinance.
Form of real estate ownership, usually a dwelling with individual
ownership of separate portions of the building plus shared ownership
of the common areas.
Percentage of the development parcel set aside as open space.
The engineering drawings showing types of materials and construction
details for physical structures and facilities, excluding dwelling
units to be installed in conjunction with development of a subdivision.
A local street with only one (1) outlet and having an appropriate
turnaround at the end for the safe and convenient reversal of traffic
movement.
The mean level of the curb in front of the lot or, in case
of a corner lot, along that abutting street where the mean curb level
is the highest.
A place which provides shelter and personal care on a regular
basis for six (6) or more children who are not related within the
third degree computed according to civil law to the operator for four
(4) or more hours of any part of a twenty-four (24) hour day, whether
such place be organized or operated for profit or not. The term "day care center" includes any child care facility, kindergarten,
nurseries or any other facility that falls within the scope of the
definitions set forth above, regardless of auspices.
Intentional transfer by the developer to the public of ownership
of or an interest in land for a public purpose. Dedication may be
effected by formal deed of conveyance or by any other method recognized
by the laws of the State of Missouri.
A clause in the deed of a property that limits the property's
use.
The number of dwelling units per acre of gross land area.
Any person, persons, corporation or government agency undertaking
any development as defined in the Chapter. The term developer includes
such commonly used references as subdivider, owner and proprietor.
Any subdivision of land as herein defined or any material
change in the use or appearance of any parcel of land subject to provisions
of this Chapter or the act of building structures and/or installing
site improvements.
A section or sections of the City 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.
Animals kept exclusively for the personal enjoyment of the
occupants of a principal building and including those animals normally
kept as pets such as dogs, cats, birds, guinea pigs, etc.
A building with many rooms providing sleeping and living
accommodations for a number of usually unrelated persons; usually
associated with an educational institution.
Any business so developed that its retail or service character
is primarily dependent upon serving patrons who remain in their motor
vehicles in a driveway or parking spaces.
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.
The area of a dwelling unit is composed of those rooms designed
for and exclusively used for residential purposes, including bedrooms,
kitchen, dining room, den/library, bathrooms, family and living rooms
and hallways connecting these rooms.
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.
A building designed for or occupied exclusively by two (2)
families living independently of each other and being located on a
single lot.
A right or privilege to use a portion of another's property
for a particular purpose.
Physical means to leave a dwelling or site.
A professional engineer registered in the State of Missouri.
Animals kept or raised for use, pleasure or profit that are
wild or unusual, typically zoo type animals. Shall include, but not
limited to, bears, lions, tigers, reptiles, whales, dolphins, sea
lions (seals), monkeys, elephants, panthers, giraffes and antelope.
These animals can only be kept in zoning districts that allow for
zoos.
One (1) or more persons who are related by blood, marriage
or adoption, living together and occupying a single housekeeping unit
with single kitchen facilities or a group of not more than five (5)
living together by joint agreement and occupying a single housekeeping
unit with single kitchen facilities on a non-profit cost-sharing basis.
Or as further defined by State Statute.
That area of land adjoining the channel of a river, stream,
watercourse, lake or similar body of water which will be inundated
by a flood which has a one percent (1%) frequency of occurring in
any given year for that region as defined by the U.S. Corps of Engineers
and required by the National Flood Insurance Act.
For commercial business and industrial building or buildings
containing mixed uses: the sum of the gross horizontal areas of the
several floors of the building measured from the exterior walls, but
not including:
Attic space providing headroom of less than seven (7) feet;
Basement space not used for retailing;
Accessory water and cooling towers.
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For residential buildings: the gross horizontal areas of the
several floors of a dwelling exclusive of garages, basements and open
porches measured from the external faces of the exterior walls.
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The length of the property abutting on one (1) side of a
street measured along the dividing line between the property and the
street right-of-way.
A building or portion thereof, other than a public or repair
garage, providing storage for motor vehicles but no other services,
such garage to be in lieu of private garages within a block or portion
of block.
An accessory building or portion of a main building used
for storage of automobiles.
A building or portion thereof designed or used for the storage,
sale, hiring, care or repair of motor vehicles and which is operated
for commercial purposes.
A building or portion thereof, except those defined as a
private, a repair or a community garage, providing storage for motor
vehicles with facilities for washing but no other services.
Up to a two and one-half (2½) story multi-family apartment
building. The typical garden apartment building is designed with apartment
flats which extend through the building without a central corridor.
One-half (½) of the units have ground level patios and the
second (2nd) story units have balconies. In land planning the trend
is toward two-story walk up buildings at low density with open spaces
for recreational purposes and to preserve the natural terrain and
trees. Frequently, a sloping site can be adapted to gain another story
without necessitating more than one (1) flight of stairs.
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 use as open space for the purpose of protecting
the built environment of a subdivision or to enhance a street right-of-way
or both.
An area of evergreens, trees, grasses, berming and/or an
area to remain in a natural undisturbed state.
The vertical distance from the average ground level abutting
a building or structure to the highest point of the roof of a building
or highest point of any permanent part of a structure other than a
building.
An occupation carried on within a dwelling or accessory building
by members of the family occupying the dwelling provided the residence
character of the building is maintained and the occupation is conducted
in such a manner as not to give an outward appearance nor manifest
any characteristic of a business in the ordinary meaning of the term
nor infringe upon the right of neighboring residents to enjoy the
peaceful occupancy of their homes.
The organization in a residential development or condominium
responsible for maintaining common areas.
A building occupied or used as a more or less temporary abiding
place of individuals or groups of individuals who are lodged, with
or without meals, and in which there are more than ten (10) sleeping
rooms.
Any construction requiring a permit issued by the City.
A building occupied by a non-profit corporation or a non-profit
establishment.
A parcel of land upon which the principal or accessory use
is the accumulation of used, discarded or worn out materials or manufactured
products, any of which may or may not be reusable or salable.
A group of citizens that administers conservation easements.
A business that provides washing, drying or ironing machines
and professional type cleaning and pressing equipment for hire to
be used by customers on the premises.
Animals kept or raised for use, pleasure or profit, typically
farm animals. Shall include, but not limited to, cattle, horses, poultry,
sheep, swine, deer, goats, llamas, mules, donkeys, bison, ducks, ostriches,
emus and alpaca.
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 measured portion of a parcel or a tract of land, set forth
in a recorded plat, recorded or proposed to be recorded and intended
as a unit for transfer of ownership or for development.
A lot abutting upon two (2) or more streets at their intersection.
Lot coverage shall include the total area of all principal
and accessory buildings as measured along the outside wall at ground
level or above as viewed from above and includes all projections other
than open porches, fire escapes, canopies or the first three (3) feet
of a roof overhang. Roads, driveways, parking lots and swimming pools
shall not be included in the maximum lot coverage requirements. The
percent of lot coverage shall be computed as follows:
Percent of lot coverage = Square feet of ground coverage
of all principal and accessory buildings divided by total square feet
of lot area.
A lot whose side lines do not abut upon any street.
The boundary between a lot and the street on which it fronts.
The boundary line or lines opposite and most distant from
the front street line; except that in the case of uncertainty the
City Engineer shall determine the rear line.
Any lot boundary line not a front or rear line thereof; a
side line may be a party lot line, a line bordering on an alley or
place or a side street line.
The lines bounding a lot as defined herein.
An interior lot having frontage on two (2) streets.
The horizontal distance between side lot lines, measured
at the front building line.
Conservation based approach that mandates allocating a percentage
of the development to a land trust.
Any structure or object which is drawn by or used in connection
with a motor vehicle, and is so designed or modified to allow human
occupation, regardless of its base (wheels, jacks or other supports).
It is required to include complete plumbing, electrical, sanitary
facilities, and meet the requirements of the Building Code.
Any plot of ground containing ten (10) acres or more which
is equipped as required for support of mobile homes and used or intended
to be used by one (1) or more occupied mobile homes, but under no
circumstances 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 which has been constructed and labeled in
compliance with the Building Code and is composed of components substantially
assembled in an off-site manufacturing plant and transported to the
building site for final assembly on a permanent foundation. Modular
homes meet or exceed the minimum construction and design standards
set forth by the Building Code.
A grant by the developer to the public, a corporation or
person(s) for use of a recorded strip of land for open space or other
non-developed purposes. (See also Greenbelt).
A parcel or tract of subdivision land withheld from development
and subject to private use and access restrictions for the purpose
of protecting the environment of subdivision or to enhance a street
right-of-way or to improve traffic flow on a principal street.
A use, building or yard existing legally at the time of the
passage of this Chapter or any amendment thereto which does not, by
reason of design, use or dimensions, conform to the regulations of
the district in which it is situated.
A residence or other place licensed by the State of Missouri
as a nursing home.
A certificate of occupancy indicating completion of the work,
for which the permit was issued, shall be obtained prior to occupancy
of a structure.
Land dedicated or reserved for use by the general public
or for use by residents of the subdivision or land held out of development
and retained in its natural conditions, with or without public access.
Open space includes, but is not limited to, parks, parkways, playgrounds,
school sites, wildlife or plant life preserves and nature study areas.
A continuous area or acreage of land which can be divided
or subdivided as provided by this Chapter.
A modular type unit built on a single chassis mounted on
wheels, designed primarily as temporary living quarters for seasonal
or destination camping and having a gross trailer area not exceeding
four hundred (400) square feet and not less than two hundred forty
(240) square feet in the setup mode.
An open, unoccupied space used or required for use for parking
vehicles exclusively and in which no gasoline or vehicular accessories
are sold or no other business is conducted and no fees are charged.
An open surfaced area used exclusively for the temporary
storage of motor vehicles, but no vehicles may be equipped, repaired,
rented or sold.
A surfaced area, enclosed in the main building or in an accessory
building or unenclosed, having an area of not less than one hundred
eighty (180) square feet, exclusive of driveways, permanently reserved.
A domesticated animal kept for pleasure rather than utility.
Small animals including fish or fowl permitted in the house or yard
and are customarily kept for personal use or enjoyment within the
home. Shall include, but not be limited to, dogs, cats, rabbits, small
mammals, common aquarium animals, fish, domestic tropical birds (i.e.,
canaries, parrots, parakeets), rodents and animals which may be classified
as "domestic other" (not defined as exotic or wild animals).
An animal that may be considered appropriate as a pet which
is not classified as exotic or wild animal. The animal is kept for
personal use and is customarily kept within the home. This classification
may include such animals as potbellied pigs, ferrets or other animals
that may be allowed as pets by the St. Charles County Community Health
and the Environment Director.
A tract of land consisting of at least ten (10) acres to
be developed as an entity according to a plan and which may contain
multiple uses; a planned unit development ("PUD") may be planned,
developed and regulated as a single land use unit.
A map or chart of a tract of land or a subdivision of land.
Public parks, playgrounds, recreational areas, designated
scenic or historic sites; school sites or sites for other public buildings;
and other areas dedicated to public use or enjoyment.
A one-story house.
A location where a series of activities, including collection,
separation and processing, by which products or other materials are
recovered from the solid waste stream for use in the form of raw materials
in the manufacture of new products other than fuel for producing heat
or power by combustion.
A type of living arrangement in which personal care services
such as meals, housekeeping, transportation and assistance with activities
of daily living are available as needed to people who still live on
their own in a residential facility.
When a subdivision lot occurs between two (2) non-intersecting
streets, one (1) of which is a parkway, thoroughfare or collector
and the other is a minor residential street, the lot will front on
the minor residential street and a non-access reservation will be
provided buffering the rear of the lot from the traffic artery.
The land opened, reserved or dedicated for a street, sewer,
water, walk, drainage course or other public purpose.
A hedge of closely spaced shrubs with dense foliage in all
seasons that effectively blocks view. Among the species that include
varieties that would provide the necessary conformation are: American
Holly, Chinese Juniper, Rocky Mountain Juniper, Easter.
A group of retail stores, planned and developed for the site
upon which they are built and owned and managed as a unit with off-street
parking provided on the property.
A plan, to scale, showing uses and structures proposed for
a parcel of land as required by the regulations involved. It includes
lot lines, streets, building sites, reserved open space, buildings,
major landscape features, both natural and manmade, and, depending
on requirements, the locations of proposed utility lines.
That part of a building included between the surface of one
(1) floor and the surface of the floor next above or, if there be
no floor above, that part of the building which is between the surface
of a floor and the ceiling next above. A top story attic is a half
story when the main line of the eaves is not above the middle of the
interior height of such story. The first (1st) story is a half story
when between fifty percent (50%) and seventy-five percent (75%) of
the area of its exterior walls are exposed to outside light and air
entirely above grade and which exterior walls contain windows or doors
permitting the entrance of daylight and outside air.
A general term denoting a public or private thoroughfare
which affords the principal means of access to abutting property.
The term includes all facilities which normally are found within the
right-of-way; it shall also include such other designations as highway,
thoroughfare, parkway, throughway, road, pike, avenue, boulevard,
lane, place, court or other such terms but shall not include pedestrian
way or alley.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders or the addition of new
electrical circuits or plumbing fixtures to the building.
Any improvement on land composed of manmade materials.
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 change in lot lines.
The town house, once known as the row house, is a single-family
attached unit. Town houses are characteristically built as individual
units in a series of four (4) to eight (8) houses, with common side
walls between units and a side yard on the end unit only. Typically,
the town house has a maximum of two and one-half (2½) stories
and may be built on slab or on basement. Built-in garages are often
constructed as part of the unit. Town houses usually have a fenced
private rear yard patio for outdoor living.
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 build environment of a development or to enhance a street right-of-way
or both.
Including automobile tent trailers, recreational vehicles
or house cars designed to provide temporary mobile housing for highway
and recreational travelers. Such use shall be considered equivalent
to a hotel, tourist court or motel for zoning purposes.
The purpose or activity for which a piece of land or its
buildings is designed, arranged or intended or for which it is occupied
or maintained.
A modification of the specific requirements of this Chapter
granted by Board of Adjustment in accordance with the terms of this
Chapter for the purpose of assuring that no property because of special
circumstances applicable to it shall be deprived of privileges commonly
enjoyed by other properties in the same vicinity and zoning district.
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided. 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 a rear yard, the least horizontal
distance between the lot line and the building shall be used. Where
lots abut a street, all yards abutting said street shall be measured
from the street right-of-way.
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.
A yard between the rear lot line and the rear line of the
main building and the side lot lines.
A yard between the main building and the adjacent side line
of the lot and extending from a front building line to the rear building
line.
A development parcels maximum home site with no regard to
conservation.
A development approach in which a freestanding building is
sited on one (1) or more lot lines with no yard on the zero lot line
side in order to increase the amount of usable open space on the remaining
area of the lot: Zero lot line dwellings are designed with no windows
facing the zero lot line side and are internally oriented to an enclosed,
private courtyard or patio. Typically the zero lot line unit is a
one-story, L-shaped single-family house designed as a two (2), three
(3) or four (4) bedroom unit on lots eighty (80) to one hundred (100)
feet deep by forty (40), fifty (50) or sixty (60) feet wide, at density
of five (5) to seven (7) families per gross acre. The zero lot line
unit is usually designed in group or cluster arrangements and the
land saved from conventional size house lots is used as common open
space for recreation or to preserve natural features of the site.
The duly approved, enacted and amended ordinance which controls
and regulates zoning in the City of New Melle.
