[R.O. 2011 § 400.010; R.O. 2009
§ 156.001; CC 1981 § 30-1; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998]
This Chapter shall be known as the
"Zoning Ordinance for the City of St. Charles, Missouri."
[R.O. 2011 § 400.020; R.O. 2009
§ 156.002; CC 1981 § 30-2; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998]
For the purpose of promoting health,
safety, morals and the general welfare of the community, the City
Council hereby places regulations and restrictions upon the height,
number of stories and size of buildings and other structures, the
percentage of lot that may be occupied, the size of yards, courts
and other open spaces, the density of population, the preservation
of features of historical significance and the location and use of
buildings, structures and land for trade, industry, residence or other
purposes.
[R.O. 2011 § 400.030; R.O. 2009
§ 156.003; CC 1981 § 30-3; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998]
A.
These regulations are intended to be in
general accordance with the Comprehensive Plan and are designed to:
1.
Lessen congestion in the streets;
2.
Secure safety from fire, panic and
other dangers;
3.
Promote health and the general welfare;
4.
Provide adequate light and air;
5.
Prevent the overcrowding of land;
6.
Avoid undue concentration of population;
7.
Preserve features of historical significance;
8.
Facilitate the adequate provision
of transportation, water, sewerage, sewage, schools, parks and other
public services.
[R.O. 2011 § 400.040; R.O. 2009
§ 156.004; CC 1981 § 30-4; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998]
Whenever any provision of these regulations
imposes more stringent requirements, regulations, restrictions or
limitations than are imposed or required by the provisions of any
other law or ordinance, the provisions of these regulations shall
govern.
[R.O. 2011 § 400.050; R.O. 2009
§ 156.005; CC 1981 § 30-5; Ord. No. 77-31, 7-5-1977; Ord. No. 89-35, 2-23-1989; Ord.
No. 90-188, 7-18-1990; Ord. No. 92-70, 4-21-1992; Ord. No. 92-271, 11-12-1992; Ord. No. 92-308, 12-23-1992; Ord. No. 93-183, 8-25-1993; Ord.
No. 93-210, 9-1-1993; Ord. No. 95-344, 12-8-1995; Ord. No. 96-6, 1-16-1996; Ord. No. 96-256, 9-19-1996; Ord. No. 98-209, 5-15-1998; Ord.
No. 99-53, 2-4-1999; Ord. No. 99-205, 6-3-1999; Ord. No. 99-322, 9-23-1999; Ord. No. 00-78, 4-5-2000; Ord. No. 01-156, 7-19-2001; Ord.
No. 03-98, 5-13-2003; Ord. No. 04-176, 8-4-2004; Ord. No. 04-216, 9-10-2004; Ord. No. 05-65, 3-7-2005; Ord. No. 05-319, 12-22-2005; Ord. No. 06-106, 4-26-2006; Ord. No. 06-163, 6-30-2006; Ord. No. 06-357, 12-20-2006; Ord. No. 07-167, 6-13-2007; Ord. No. 07-212, 8-22-2007; Ord.
No. 09-47, 3-20-2009; Ord. No. 10-74 § 1, 4-22-2010; Ord.
No. 10-244 § 1, 11-18-2010; Ord. No. 11-26 § 1, 2-4-2011; Ord.
No. 12-165 § 1, 9-28-2012; Ord. No. 12-189 § 1, 10-18-2012; Ord. No. 13-116 § 1, 6-20-2013]
For the purpose of this Chapter,
the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
An item is abandoned, wrecked, dismantled or inoperative
if it meets one (1) or more of the following criteria:
Does not possess an engine, when
an engine is necessary for its operation as designed.
Has one (1) or more flat or missing
tires.
Is incapable of being operated for
lack of a major component.
Is missing significant body parts
such as the hood, fender, cab, door or trunk lid.
Is a vehicle which does not have
lawfully affixed thereto an unexpired license plate and a current
motor vehicle safety inspection certificate.
Is a boat or a trailer which is not
currently licensed.
Windows are broken or missing.
The body of the vehicle is significantly
rusted.[1]
A facility designed to provide care and supervision to meet
the needs of five (5) or more functionally impaired adults for periods
of less than twenty-four (24) consecutive hours, but more than two
(2) hours per day in a place other than the adult's home.
The growing of crops or the raising of livestock or poultry.
The feeding or disposal of community or collected garbage shall not
be deemed an agricultural use, nor shall the raising of fur-bearing
animals, riding academies, livery or boarding stables or dog kennels
be so considered.
A public or private road which has neither a designated name
nor postal address.
See "structural alteration."
See "arcade."
[Ord. No. 22-088, 7-12-2022]
A retail establishment offering antiques for sale. An antique,
for the purposes of this Chapter, shall be a work of art, pieces of
furniture, decorative objects or the like, or belonging to the past,
at least thirty (30) years old.
[Ord. No. 18-283, 12-18-2018]
One (1) of two (2) or more units within a single structure
with each unit containing one (1) or more rooms used as a single-family
dwelling.
A person trained in the art and science of planting, caring
for and maintaining individual trees.
A building housing an amusement place with pinball, Skee-Ball,
video games or similar activities.
[2]A building or structure designed or intended for use of gathering
of people as an audience to hear music, lectures, plays and other
presentations. Shall not include a meeting facility.
[Ord. No. 18-283, 12-18-2018]
Shall have the same meaning as "motor vehicle" Defined in Section 300.010 of this Code.
Any place of business with pumps and underground storage
tanks, primarily engaged in the retail servicing of motor vehicles
with fuels and lubricants. Convenience stores with fuel pumps are
also regulated as automobile service stations. This definition shall
not include electric vehicle charging stations.
[Ord. No.
20-102, 7-21-2020]
An establishment that serves alcoholic beverages for consumption
on the premises or for off-site consumption as authorized by law and
in which the serving of non-alcoholic foodstuff is only incidental
to the consumption of alcoholic beverages.
[Ord. No.
21-078, 5-18-2021; Ord. No. 22-088, 7-12-2022]
A portion of the building partly underground, but having
less than half its clear height below the average grade of the adjoining
ground. See "cellar" and Figure 2 following this Section.
A building having not more than six (6) guests, where travelers
for compensation are lodged for sleeping purposes and may be provided
a morning meal.
[Ord. No.
19-191, 9-17-2019]
Land generally surrounded on all sides by streets or other
physical barriers to the continuity of development. See "block" and
Figure 7 following this Section.
[Ord. No. 18-231, 10-16-2018]
A body of persons which may determine and vary this Chapter in accordance with the rules contained in Article XIII, Board of Adjustment.
A building occupied as a single housekeeping unit, where
lodging or meals are provided for more than three (3) persons for
compensation, pursuant to previous arrangements, but not for the public
or transients; or a building occupied as a group home by more than
three (3) persons, each of whom is either a recovering alcoholic or
a recovering drug addict.
Any device used or capable of being used for navigation on
water.
The perforation of human tissue other than an ear for a non-medical
purpose.
[Ord. No.
21-030, 2-16-2021]
The premises where a body piercer performs body piercing.
[Ord. No.
21-030, 2-16-2021]
A permanent mark made on human tissue by burning with a hot
iron or other instrument.
[Ord. No.
21-030, 2-16-2021]
The premises where a brander performs the process of branding.
[Ord. No.
21-030, 2-16-2021]
An establishment that consists of a microbrewery or brewery
that offers the sale of beer for on-site or off-site consumption in
combination with non-alcoholic foodstuff services.
[Ord. No.
21-078, 5-18-2021; Ord. No. 22-088, 7-12-2022]
An industrial use that brews ales, beers, meads, and/or similar
beverages on site. May also include tastings as accessory to the primary
use.
[Ord. No. 18-283, 12-18-2018; Ord. No. 22-088, 7-12-2022]
The space remaining after the minimum open space requirements
of these regulations have been complied with.
Any structure, having a roof supported by columns or walls,
for the housing or enclosure of persons, animals or properties. "Building"
or "structure" includes any part thereof and "building" includes "structure."
See also "structure."
An establishment used for the indoor storage of equipment,
contractor vehicles or materials and may include the contractor's
business office.
[3]
[Ord. No. 18-283, 12-18-2018]
A line parallel to the street right-of-way line and distant
from it at least the minimum depth of the required front yard. See
Figure 1 following this Section.
[Ord. No. 18-231, 10-16-2018]
A freestanding, separate building which is devoted exclusively
to an accessory use. Any building that is customarily incidental to
an agricultural use is an accessory building even though it may not
be on the same lot as the main building. See Figure 1 following this
Section. In residential zoning districts, accessory buildings shall
include, but are not limited to, greenhouses, tool sheds, swimming
pool cabanas, gazebos, unattached carports and unattached garages.
[Ord. No. 22-088, 7-12-2022]
See "height of buildings."
The building or structure on a lot which houses the principal
use of the lot.
[4]
[Ord. No. 22-088, 7-12-2022]
Any unit primarily designed as temporary living quarters
for recreation, camping, travel use or an enclosed space which is
capable of being occupied and is attached or designed to be attached
to the bed or frame of a truck or similar self-powered vehicle.
A building or portion thereof, the primary purpose of which
is that of washing motor vehicles.
The portion of the building, partly underground, having half
or more than half of its clear height below the average grade of the
adjoining ground. See Figure 2 following this Section.
A certificate issued by the HLPARB[5] indicating its approval of plans for alteration or construction
of a landmark or of a structure within an historic district or a certificate
issued by the Planning and Zoning Commission indicating its approval
of plans for construction of structures in areas outside the historic
districts.
[Ord. No. 22-088, 7-12-2022]
A Certificate of Appropriateness issued by the HLPARB authorizing
the demolition or removal of a landmark or of a structure within a
historic district.
[Ord. No. 22-088, 7-12-2022]
An arborist certified by the International Society of Arboriculture
(ISA). Certification requires a minimum of three (3) years' experience
and passing a comprehensive examination administered by ISA.
A building principally used for religious purposes, which
shall include, but not be limited to, rectories, parish houses, convents
and monasteries, temples and synagogues.
A building used by two (2) or more health practitioners or
chiropractors for consulting and treating patients who are not lodged
overnight in the building.
A box, building, trailer or other receptacle that is intended
for use as a collection point for donated clothing or other household
materials at times when no employee or representative of the sponsoring
company or organization is present to accept donations.
Buildings and facilities owned or operated by a corporation,
association or person for members to engage in social, educational
or recreational activities and not accessible to persons other than
members or their guests.
See definition of "bar."
[Ord. No.
21-078, 5-18-2021]
An establishment whose sole activity is the provision of
assistance to individuals in need. Similar land uses permitted under
this category, include, but are not limited to; basic medical care,
legal aid, free food distribution, laundry facilities, job training,
clothing distribution, and other similar services. This use shall
not include temporary or permanent living facilities.
[Ord. No. 17-072 § 1, 4-18-2017]
A plan as defined by the State Statutes and State courts
under State zoning laws.
[6]Any development of property, pursuant to the provisions of
Chapter 448, RSMo., which now exists or hereafter shall exist.
An establishment used as a dwelling place by the aged, infirm,
chronically ill or incurably afflicted persons in which not less than
eight (8) persons live or are provided for on the premises, for compensation.
Such facilities include nursing homes, skilled nursing facilities,
convalescent homes, rehabilitation facilities, assisted living, and
memory care but do not include similar facilities otherwise listed
or defined within this Chapter.
[Ord. No.
15-069 § 1, 4-21-2015]
The erection, alteration, repair, renovation, demolition
or removal of any building or structure; and the excavation, filling,
grading and regulation of lots in connection therewith.
The construction machinery, tools, derricks, hoists, scaffolds,
platforms, runways, ladders and all material handling equipment safeguards
and protective devices used in construction operations.
See "congregate care facility."
An establishment which performs only the following types
of insertion of pigmentation under the skin:
[Ord. No.
21-030, 2-16-2021]
The application of permanent eyeliner,
eyebrows, check blush, eye shadow, and lip liner or lip color for
cosmetic purposes; and
For repigmentation of the areola
or scar camouflage which is the disguising or concealing permanently
blotchy or irregularly pigmented skin, acne scarring or other permanent
skin irregularities by the use of blending pigments into the skin.
An open space around which is a single building or a group
of related buildings.
[7]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 for reception, care, training or instruction of five
(5) or more children, not of common parentage, residing therein, regardless
of sex, under the age of eighteen (18) years, for compensation or
otherwise, provided that nothing herein contained shall be construed
as applying to the regularly established public or parochial schools,
colleges, universities, academies or seminaries or other schools of
institutions organized under and by virtue of the laws of the United
States or the State of Missouri and under the supervision of the duly
constituted authorities thereof. Examples of such uses include:
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Family day care homes;
|
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Day care centers;
|
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Preschool centers;
|
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Nursery schools;
|
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Child play centers,
|
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Child education centers; and
|
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Child experiment stations or child
development institutions.
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A business establishment which provides personal care treatments
such as massages, body wraps, aromatherapy, facial cleansing, manicures,
pedicures and hair styling. A day spa is only visited for the duration
of the treatment.
The diameter of a tree at breast height which shall be measured
at four and one-half (4 1/2) feet above ground.
A place of commerce other than a restaurant which sells prepared
meals, including, but not limited to, cold cuts, cheese, salads, or
a variety of other hot and cold meals.
[Ord. No. 22-088, 7-12-2022]
Any act or process which destroys, in part or the majority
of, any structure.
The omission of maintenance or repair to a structure which
threatens to destroy that structure.
The number of dwelling units erected or permitted on an acre
of land.
A standard of appropriate activity that will preserve the
historic and architectural character of a structure or area.
An industrial facility where liquor is manufactured, stored,
bottled, and sold in sealed containers at wholesale. May also include
tastings as accessory to the primary use.
[Ord. No. 18-283, 12-18-2018; Ord. No. 22-088, 7-12-2022]
A facility where liquor is manufactured, stored, bottled,
and sold in sealed containers at wholesale and retail. May contain
one (1) or more tasting rooms and a restaurant may be permitted as
part. Production must not exceed an annual output of fifty-two thousand
(52,000) cases. (American Distilling Institute Definition)
[Ord. No. 22-088, 7-12-2022]
An area designated by the City Council as an area in which
only certain zoning regulations apply.
A channel with or without a supporting ridge on the lower
side constructed across or at the bottom of a slope.
A facility which houses, boards, breeds or trains three (3)
or more dogs.
A building devoted exclusively to living facilities, in which
each person residing in each living unit shall be a duly registered
student in any accredited school, college or university, the spouse
of such student or a management employee. Such living facilities may
contain sleeping rooms for use of one (1) or more persons, provided
that there is at least one hundred fifty (150) square feet of floor
space for the first occupant thereof and at least one hundred (100)
additional square feet of floor space for every additional occupant
thereof, the floor space to be calculated on the basis of total habitable
room area.
Any waterway, ditch or course, either natural or artificial,
which collects and drains surface water.
A structure or facility which is used to provide service
to a patron while seated in or on a vehicle.
One (1) or more rooms designed, occupied or intended for
occupancy as separate living quarters with cooking, sleeping and sanitary
facilities provided within the dwelling unit for the exclusive use
of a single family maintaining a household.
A building containing three (3) or more dwelling units, but
not including group living arrangements, hotels, motels, apartment
hotels, rooming houses, boarding houses, convalescent homes, townhouses
or row dwellings.
[Ord. No. 22-088, 7-12-2022]
A building containing three (3) or more dwelling units having
no common entrances or hallways with each dwelling unit having a front
and rear entrance.
A building containing only one (1) dwelling unit.
A building containing two (2) dwelling units, independent
of each other.
A designated parcel of land on, over or under which a liberty,
privilege or advantage for use of land is dedicated and distinct from
ownership of the land and granted either to the public, a particular
person or firm or a combination of both.
A dwelling unit consisting of one (1) room exclusive of bathroom,
kitchen, hallway, closets or dining alcove directly off the principal
room.
A public or private parking space that is served by battery-charging-station
equipment that has as its primary purpose the transfer of electric
energy (by conductive or inductive means) to a battery or other energy-storage
device in an electric vehicle.
[Ord. No.
20-102, 7-21-2020]
Construction or reconstruction of a building or structure,
including excavating, land filling, pouring concrete or cutting, forming
or altering building materials on the lot where the building is located
or is to be located.
The wearing away of the land surface by the action of wind,
water or gravity.
The erection, construction, alteration or maintenance by
public utilities, governmental departments or commissions of underground,
surface or overhead gas, communication, electrical, steam, fuel or
water transmission or distribution systems, sewers, pipes, conduits,
cable, fire alarm and police call boxes, traffic signals, hydrants
and similar accessories in connection therewith, but not including
buildings which are necessary for the furnishing of adequate service
by such utilities, governmental departments or commissions for the
general public health, safety, convenience or welfare.
An economic unit where business is conducted or services
or industrial operations performed.
The removal, stripping or disturbance of soil, earth, sand,
rock, gravel or other similar substances from the ground.
For each hazardous substance, a weight less than the Final
Reportable Quantity listed on the U.S. Environmental Protection Agency's
List of Hazardous Substances, 40 CFR 302.4. For each extremely hazardous
substance, a weight less than the Reportable Quantity listed on the
U.S. Environmental Protection Agency's List of Extremely Hazardous
Substances, 40 CFR 355, Appendix A. For any liquid petroleum product
not listed as a hazardous or extremely hazardous substance, a quantity
of sixty (60) gallons or less. Where regulated substances are dissolved
in or mixed with other non-regulated substances, only the actual quantity
of the regulated substance present shall be used to determine compliance
with the provisions of this Chapter. The exempted quantity shall be
measured as the total quantity of that substance per facility at any
one (1) time.
The architectural character and general composition of the
exterior of a structure, including, but not limited to, the kind,
color and texture of the building material and the type, design and
character of all windows, doors, light fixtures, signs and appurtenant
elements.
Decoration or supporting member of a structure, such as porches,
porch rails, brackets, cornices, which display accoutrements or characteristics
of a special architectural style or school.
See "regulated substance."
All buildings, equipment, structures and other stationary items that are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person (or by any person which controls, is controlled by or under common control with such person). The term "facility" shall include manmade structures in which chemicals are purposefully placed or removed through human means such that it functions as a containment structure for human use. For the purposes of Section 400.320, "WHP" Wellhead Protection District, the term includes motor vehicles, rolling stock and aircraft.
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 persons living together
and occupying a single housekeeping unit with single kitchen facilities,
of which group no person shall be unrelated to more than two (2) persons
in the group or any group of people related by blood, marriage or
adoption and one (1) other unrelated person.
A tract of land used for agricultural activities having thereon
an agricultural use.
An artificially constructed barrier erected to enclose, divide
or screen areas of land. Ornamental dividers of plastic, chains, posts
or like materials erected along driveway or sidewalks shall not be
considered a fence.
The depositing or dumping of any matter on or into the ground,
except the deposits resulting from common household gardening or deposits
on farms for agricultural use.
See "automobile service station."
The square feet of floor space within the perimeter formed
by the inside surface of exterior walls and including the total of
all floor space on all stories of a building including a finished
basement. It does not include porches, garages, cellars, utility areas,
unfinished attics, accessory buildings or space in a basement, when
such space is used for storage or incidental uses.
The total square feet of floor area in a structure divided
by the total square feet of land area in the lot or tract on which
the structure is located. See Figure 3 following this Section.[8]
Shall have the same meaning as "foodstuff" defined in Section 600.010 of this Code.
[Ord. No. 22-088, 7-12-2022]
A building used as group living quarters for students of
a college, university or seminary, who are members of a fraternity/sorority
that has been officially recognized by the college, university or
seminary. See also "sorority house."
[Ord. No. 18-283, 12-18-2018]
All property on one (1) side of a street between two (2)
intersecting streets (crossing or terminating) measured along the
right-of-way 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 facility that operates as an integrated business unit having
one (1) or more casinos, restaurants, night clubs, and hotels.
[Ord. No.
21-078, 5-18-2021]
A building or portion thereof, except a private garage, providing
parking and/or storage for motor vehicles.
An accessory building for parking or storage of motor vehicles.
A machine that converts mechanical energy into electrical
energy. A generator may be permanently installed on the site on which
it is to serve.
The elevation determined by averaging the elevations of the
finished ground at all the corners of the perimeter walls of the building.
Any excavation or filling or combination thereof.
A visual barrier composed of evergreen plants, trees and
grass arranged to form both a low level and a high level screen. No
dedicated right-of-way shall be used as a part of any greenbelt.
[9]A system that uses the relatively constant temperature of
the earth to provide heating in the winter and cooling in the summer.
[Ord. No.
20-103, 7-21-2020]
A system that circulates a heat transfer fluid, typically
food-grade antifreeze, through pipes or coils buried beneath the land
surface.
[Ord. No.
20-103, 7-21-2020]
A closed-loop ground-source heat pump system where the loops
or coils are installed horizontally in a trench or series of trenches
no more than twenty (20) feet below the surface.
[Ord. No.
20-103, 7-21-2020]
A system that uses groundwater as a heat transfer fluid by
drawing groundwater from a well to a heat pump and then discharging
the water over land, directly in a water body or into an injection
well.
[Ord. No.
20-103, 7-21-2020]
A closed-loop ground-system heat pump where the loops or
coils are installed vertically in one (1) or more borings below the
land surface.
[Ord. No.
20-103, 7-21-2020]
Underground water which is at an elevation below the water
table and within the zone of saturation.
A facility for the care or treatment of persons under supervision
either for or not for compensation. "Group living arrangements" include,
but are not limited to the following:
GROUP CARE HOME FOR MENTALLY HANDICAPPED
CHILDREN: A facility which provides care, treatment or custody for
four (4) to nine (9) mentally handicapped children under the age of
sixteen (16) years and affords the opportunity for utilization of
community educational, recreational and health facilities and which
is licensed as a group care home under Chapter 202, RSMo.
GROUP HOME FOR FOSTER CARE: Any private
residence licensed by the Children's Division 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.
GROUP HOME FOR MENTALLY OR PHYSICALLY
HANDICAPPED: Any home in which eight (8) or fewer mentally or physically
handicapped persons reside and may include 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.
RESIDENTIAL CARE FACILITY: A residential
institution, whether operated for profit or not, which provides personal
care, custody or treatment for five (5) or more individuals not related
to the operator, who, for reasons of illness, mental handicap, advanced
age or physical handicaps, are unable to care for themselves.[10]
A residential facility primarily for persons who have been
institutionalized for various reasons and released and require the
temporary protection of a group setting to facilitate the transition
to society.
A not-for-profit institution which primarily serves individuals
between the ages of seventeen (17) and twenty-five (25) who have not
been imprisoned (except for "shock probation" terms) and have not
been convicted of adult or juvenile violent crimes (as defined by
the Missouri Department of Corrections), which has twenty-four-hour
on-duty staff and which is designed to provide an alternative to prison
for young offenders.
An announcement of an activity printed on paper and intended
to be "handed out."
See "regulated substance."
The vertical distance measured from the highest of the following
three (3) levels:
Street curb level;
Center of the street in case of no
street curb; or
Grade elevation.
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To one (1) of the following:
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1.
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For flat roofs with a 1:12 pitch
or less, the highest point of the roof; or
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2.
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For all other roofs, the mean (average)
height level of the top of the wall and the main ridge of the roof.
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An area designated as a historic zoning district overlay
by an ordinance of the City Council and which may contain within definable
geographic boundaries one (1) or more landmarks and which may have
within its boundaries other properties or structures which, while
not of such historic and/or architectural significance to be designated
as landmarks, nevertheless contribute to the overall visual characteristics
of the landmark or landmarks located within the historic district.
A body of persons which shall have only those powers granted
to them by the Code of Ordinances of the City of St. Charles, Missouri,
including the power to review, inspect, investigate and study any
site, building or historical structure which is a historical or architectural
landmark, in accordance with this Code of Ordinances. Whenever the
term "HLPARB" is used in this Chapter, such words shall mean the Historic
Landmarks Preservation and Architectural Review Board.
The St. Charles Historic Landmarks Preservation and Architectural
Review Board.
An occupation which is incidental and secondary to the use of the premises for dwelling purposes. See Section 400.430.
See "temporary shelter."
A building having room facilities for overnight medical patients,
a staff of physicians and nurses, surgical facilities and other related
services.
A building or group of buildings containing six (6) or more
guest rooms in which lodging or accommodation is offered to the public
for compensation and is provided to transients. Such building or group
of buildings may include restaurants, taverns or club rooms, public
banquet halls, ballrooms and meeting rooms as subordinate uses.
Any rifle, pistol, silhouette, skeet, trap, black powder
or similar range located inside a completely enclosed facility used
for discharging firearms in a sporting event or for practice or instruction
in the use of a firearm.
The level of activity, number of persons residing or employed
on the premises, percent of open space occupied or amount of floor
space or land occupied by a particular land use at a specific address
or location.
Land uses which perform sales and/or services to persons
in vehicles or to vehicles which may be occupied at the time of such
activity. Such land uses often have traffic volumes which exhibit
their highest levels concurrent with peak traffic flows on adjacent
roads. Examples of such land uses include drive-in, drive-up and drive-through
facilities, vehicular fuel stations and all forms of car washes but
shall not include electric vehicle charging stations.
[Ord. No. 18-283, 12-18-2018; Ord. No. 20-102, 7-21-2020]
Shall include but not be limited to, old or scrap copper,
brass, rope, rags, batteries, paper, trash, rubber debris, waste,
or junked, dismantled, or wrecked automobiles, or parts thereof, iron,
steel, and other old or scrap ferrous or nonferrous material.
An establishment, area, or place of business maintained,
operated, or used for the storing, keeping, buying, or selling of
junk or for the operation of an automobile graveyard, garbage dump
or sanitary fill.
A facility operated by a person or entity which is registered
as a kratom seller with the St. Charles County Department of Public
Health, or its successor agency, to engage in the sale, preparation
or maintenance of kratom products. A kratom product is defined as
a substance, food product, food ingredient or dietary ingredient,
including a beverage for human consumption, containing any part of
the leaf of the plant Mitragyna speciosa.
[Ord. No.
21-190, 11-9-2021]
A building or portion thereof devoted exclusively to experimental,
applied or basic research and development or for testing and analysis.
Land used or intended to be used, let, leased, rented or
sold as a site for final disposal or deposition of solid or liquid
waste, which conforms with State Statutes governing sanitary landfills.
A property or structure designated as a "landmark" by ordinance
of the City Council, pursuant to procedures prescribed herein, which
is worthy of rehabilitation, restoration and preservation because
of its historic and/or architectural significance. Also a property
or structure designated as a "landmark" by the Landmarks Board, pursuant
to City ordinances, prior to the enactment of this Chapter.
The Historic Landmarks Preservation and Architectural Review
Board.
A building or a part thereof where clothes or household articles
are cleaned and/or dried in self-service, coin-operated machines.
A building or part thereof wherein employees provide a service
of washing, cleaning, drying and/or ironing clothes or other articles.
A line showing the limit of construction, grading or excavation
activity. This line will typically delineate the tree preservation
area.
See "regulated substance."
An off-street space within the main building or on the same
lot providing for the standing, loading or unloading of vehicles.
A parcel of land under common ownership, described as one
(1) unit of land, except land used as a farm.
The total square footage within the lot lines. For lots fronting
or lying adjacent to private streets, the lot area shall be interpreted
to mean that area within the lot lines separating the lot from the
private street and not the centerline of such street.
The part or percent of the lot occupied by buildings or structures,
including accessory buildings or structures. See also "floor area
ratio" and "buildable area."
The average distance between the front and rear lot lines.
See Figure 4 following this Section.
The line separating the lot from the right-of-way of the
street on which it fronts. See Figure 4 following this Section.
The lot line opposite and most distant from the front lot
line. On a corner lot, only one (1) lot line shall be considered a
rear lot line. See Figure 4 following this Section.
Any lot line other than a front or rear lot line. See Figure
4 following this Section.
A lot shown upon a plan of a subdivision or upon a plat,
which is attached or to which reference is made, in a deed described
by metes and bounds or in a deed recorded in the office of the Recorder
of Deeds of the County.
The distance between side lot lines measured along the building
line. See Figure 4 following this Section.
A lot bordering on two (2) streets which intersect. See Figure
4 following this Section.
A lot, other than a corner lot, which has frontage on two
(2) streets. See Figure 4 following this Section.
Any lot other than a corner lot. See Figure 4 following this
Section.
A street delineated on the land use plan and major streets
plan map adopted by the City Council.
A factory-built structure as defined in Chapter 700, RSMo.,
which displays a seal issued by the Public Service Commission, U.S.
Department of Housing and Urban Development or its agent to evidence
compliance with the Code.
A facility licensed by the State of Missouri Department of
Health and Senior Services, or its successor agency, to acquire, store,
manufacture, transport, and sell marijuana-infused products to a Marijuana
Dispensary Facility, a Marijuana Testing Facility, or to another Marijuana-Infused
Products Manufacturing Facility.
[Ord. No. 19-118, 5-21-2019; Ord. No. 23-072, 6-20-2023]
A facility licensed by the State of Missouri Department of
Health and Senior Services, or its successor agency, to acquire, cultivate,
process, store, transport, and sell marijuana to A marijuana Dispensary
Facility, Marijuana Testing Facility, or to a Marijuana-Infused Products
Manufacturing Facility.
[Ord. No. 19-118, 5-21-2019; Ord. No. 23-072, 6-20-2023]
A facility licensed by the State of Missouri Department of
Health and Senior Services, or its successor agency, to acquire, store,
sell, transport and deliver marijuana, marijuana-infused products
and drug paraphernalia used to administer marijuana as provided for
in this Section to a consumer, a qualifying patient, a primary caregiver,
another Marijuana Dispensary Facility, a Marijuana Testing Facility,
or a Marijuana-Infused Products Manufacturing Facility.
[Ord. No. 19-118, 5-21-2019; Ord. No. 23-072, 6-20-2023]
A marijuana cultivation facility, Marijuana-Infused Products
Manufacturing Facility, Marijuana Testing Facility or Marijuana Dispensary
Facility, or any combination thereof, or any business related to the
possession, sale, use, cultivation or manufacture of marijuana.
[Ord. No. 19-118, 5-21-2019; Ord. No. 23-072, 6-20-2023]
A facility certified by the State of Missouri Department
of Health and Senior Services, or its successor agency, to acquire,
test, certify, and transport marijuana.
[Ord. No. 19-118, 5-21-2019; Ord. No. 23-072, 6-20-2023]
A facility licensed by the State of Missouri Department of
Health and Senior Services, or its successor agency, to acquire, cultivate,
process, package, store on-site or off-site, manufacture, transport
to or from, deliver, and sell marijuana, marijuana seeds, marijuana
vegetative cuttings (also known as clones), and marijuana-infused
products to a Marijuana Dispensary Facility, or other Marijuana Wholesale
Facility, or Marijuana Testing Facility.
[Ord. No. 23-072, 6-20-2023]
A place for docking pleasure boats or providing services
to pleasure boats and the occupants thereof.
A waste transfer facility at which solid waste is collected and sorted for the purpose of resource recovery, but shall not include a trash transfer station which collects solid waste for transport to a landfill. For the purposes of Section 400.320, "WHP" Wellhead Protection District, a materials recovery facility is a facility that only accepts, sorts, or distributes non-hazardous recyclable construction or demolition waste within an enclosed building, and may include sorting, packaging and storage of material within sealed containers on the premises.
[Ord. No. 18-013, 1-16-2018]
An act when people consume non-alcoholic foodstuff on premises.
[Ord. No. 22-088, 7-12-2022]
A building designed for public assembly. This shall include
wedding chapels, banquet halls, convention centers; however, shall
not include auditoriums.
[Ord. No. 18-283, 12-18-2018]
A business whose primary activity is the brewing and selling
of beer with an annual production of ten thousand (10,000) barrels
or less. Tastings and a restaurant may be permitted as part. A microbrewery
may sell beer by the drink for consumption on the brewery premises,
in the original package for off-premises consumption and to duly licensed
wholesalers subject to applicable State liquor laws, and any revisions
and amendments as may be enacted from time to time.
[Ord. No.
13-231 § 1, 11-19-2013; Ord. No. 22-088, 7-12-2022]
The minimum regulations governing the conditions and maintenance
of all existing structures, as set out in the International Property
Maintenance Code, as published by the International Code Council,
Inc., and adopted by reference, with certain amendments thereto, by
the City Council of the City, as such Existing Structures Code shall
be amended from time to time by the City.
Land used or intended to be used, let, leased, rented or
sold for occupancy by two (2) or more manufactured homes (mobile homes).
General repair, engine rebuilding, rebuilding or reconditioning
of motor vehicles.
A commercial establishment of three thousand (3,000) square
feet or less, whose primary purpose is to provide facilities for individual
physical health activities such as aerobic exercise, running and jogging,
use of exercise equipment, saunas, showers and lockers, but are not
open for business between the hours of 10:00 P.M. and 6:00 A.M.
[11]A device which monitors noise.
[Ord. No. 22-104, 8-2-2022]
A lot which does not meet the minimum design standards for
the zoning district in which it lies but which existed at the time
of the adoption of the zoning ordinance or at the time of the rezoning
of the property or which was diminished by the exercise of the power
of eminent domain or under the threat of use of the power of eminent
domain in the acquisition of land by any public authority having such
power.
A structure which does not meet the minimum design standards
for structures in the zoning district in which it lies but which existed
at the time of the adoption of the zoning ordinance or at the time
of the rezoning of the property or which was diminished by the exercise
of the power of eminent domain or under the threat of use of the power
of eminent domain in the acquisition of land by any public authority
having such power.
The lawful use of land or a building or a portion thereof, which use does not conform with the use regulations of the district in which it is located and which use existed at the time of the adoption of this Chapter or as a result of subsequent amendments of this Chapter or which use does not conform as a result of the exercise of the power of eminent domain or under the threat of use of the power of eminent domain in the acquisition of land by any public authority having such power. See Article VI, Non-Conforming Uses, Structures and Lots.
An area or establishment devoted to the raising and care
of trees, shrubs or similar plant materials.
A room or group of rooms used for conducting the affairs
of a business, profession, service industry or government. Land uses
including, but not limited to, accounting agencies, data processing
centers, insurance agencies, real estate office and medical offices.
[Ord. No. 18-283, 12-18-2018]
The person, corporation or other legal entity listed as owner
on the records of the County Recorder of Deeds.
A paved facility providing vehicular parking spaces, along
with adequate drives and aisles for maneuvering, so as to provide
access for entrance and exit for the parking of more than two (2)
automobiles, but excluding display or storage of vehicles for sale
or rent.
A paved area permanently reserved for the temporary parking of one (1) motor vehicle, located within either a private or public parking area and connected to a street, alley or other designated roadway by a surfaced aisle or driveway. The dimensions and layout of parking spaces and aisles shall be in accordance with the requirements set forth in Section 400.700(B), Parking Dimensions.
A paved parking area where each parking space has direct
access to a public or private street.
Ground surface covered with cobblestones, clay-fired bricks,
concrete precast paver units (including, but not limited to, grasscrete),
poured concrete with or without decorative surface materials, blacktop
or other asphaltic or rubber mixture which may include sand or gravel
as an ingredient and which creates a hard surface. A graded natural
surface or one covered with rolled stone or overlaid with loose gravel
is not considered a paved surface.
An energy system that converts sunlight into electrical energy.
[Ord. No.
20-038, 4-7-2020]
An active solar system that is an integral part of a principal
or accessory building, rather than a separate mechanical device, replacing
or substituting for an architectural or structural component of the
building. BIPVs, include, but are not limited to, photovoltaic or
hot water solar systems that are contained within roofing materials,
windows, skylights, and awnings. PV shingles or tiles, PV laminates,
and PV glazing are all examples of BIPV.
[Ord. No. 22-088, 7-12-2022]
A single parcel or contiguous parcels of land to be planned
and developed as a single entity in accordance with an overall design
plan which may or may not have a mixture of land uses.
See "Planned Development District (PD)."
A body of persons who recommends the boundaries of zoning districts and determines appropriate requirements relative to site plan review in accordance with the rules contained in Article XI, Planning and Zoning Commission.
A lot, together with all buildings and structures thereon.
A private dining service (hereinafter "service") is a service
that prepares and serves meals for payment to eight (8) or fewer persons
at any one (1) meal in a private residence pursuant to contract or
similar pre-arranged agreement. The service shall only be provided
by the property owner, occupant or family members thereof who reside
in the residence. The service shall not be offered to the general
public and shall only be offered between the hours of 7:00 A.M. and
7:00 P.M. No extraordinary food storage or preparation equipment shall
be installed in the residence for the service. All meals served at
a service shall be prepared on-site. A service shall not provide more
than one (1) meal in any twenty-four-hour period and the duration
of the mean shall not exceed three (3) hours.
A building or part thereof owned or leased and occupied and
used by an agency or political subdivision of the Federal, State or
local government.
The area on, below or above a public roadway, highway, street
or alleyway in which the political subdivision has an ownership interest,
but not including:
The airwaves above a public right-of-way
with regard to cellular or other non-wire telecommunications or broadcast
service;
Easements obtained by utilities or
private easements in platted subdivisions or tracts;
Railroad rights-of-way and ground
utilized or acquired for railroad facilities; or
Poles, pipes, cables, conduits, wires,
optical cables, or other means of transmission, collection or exchange
of communications, information, substances, data, or electronic or
electrical current or impulses utilized by a municipally owned or
operated utility pursuant to Chapter 91, RSMo., or pursuant to a charter
form of government.
A water or sewer system owned and operated by a municipality
or County or owned and operated by a private individual or a corporation
approved by the City Council and properly chartered and certified
by the appropriate State agency and subject to special regulations
as herein set forth.
An incorporated not-for-profit corporation established under
the laws of Missouri and acting pursuant to the powers set forth in
this Article.
An establishment whose main purpose is to provide the general
public with indoor commercial recreational activities. Such uses include,
but are not limited to, bowling alleys, batting cages, gymnasiums,
fitness centers, health spas, and indoor skating rinks. This use shall
not include archery ranges.
[Ord. No. 18-283, 12-18-2018]
An establishment whose main purpose is to provide the general
public with outdoor commercial recreational activities. Such uses
include, but are not limited to, baseball diamonds, tennis courts,
outdoor skating rinks, and golf driving ranges.
[Ord. No. 18-283, 12-18-2018]
Any unit primarily designed as temporary living quarters
for recreation, camping or travel use which either contains its own
motive power as in the case of, but not limited to, motor homes, motor
coaches, mini-motor homes or recreational vans or is permanently mounted
on a vehicle such as, but not limited to, a truck camper or pickup
camper.
A center planned, constructed, zoned and managed as a single
entity which provides services to and pulls from a regional marketplace.
Centers may include more than one (1) structure. Such uses include,
but are not limited to, universities, hospitals, and shopping centers.
[Ord. No. 18-283, 12-18-2018]
Any hazardous substances, extremely hazardous substances
or liquid petroleum products which are more particularly defined as
follows:
Extremely Hazardous Substance. Any
substance so designated by the U.S. Environmental Protection Agency
on their official "List of Extremely Hazardous Substances," 40 CFR
355 Appendix A, as last amended, and which is either a solid (including
granular and gel) or liquid at room temperature.
Hazardous Substance. Any substance
so designated by the U.S. Environmental Protection Agency on their
official "List of Hazardous Substances," 40 CFR 302.4, as last amended,
and which is either a solid (including granular and gel) or liquid
at room temperature.
Liquid Petroleum Product. Any flammable
liquid hydrocarbon product refined from bituminous materials, including,
but not limited to, gasoline, diesel fuel, benzene, toluene, lubricants
for internal combustion engines, home heating oil, kerosene, creosote,
coal oil and naphtha.
Any relocation of a structure on its site or to another site.
Any change that is not construction, removal or alteration.
An establishment whose primary purpose is providing non-alcoholic
foodstuff for consumption by the general public on or off the licensed
premises, but excluding facilities for non-commercial or incidental
foodstuff services to employees or members of an office or institution
(churches, schools or hospitals) that specifically never provide foodstuff
service to the general public.
[Ord. No. 18-283, 12-18-2018; Ord. No. 21-078, 5-18-2021; Ord. No. 22-088, 7-12-2022]
The selling of goods, wares, merchandise and/or services
directly to the ultimate consumer or persons. Retail uses shall include,
but not be limited to, hobby shops, garden shops, bakeries, grocery
stores and home improvement centers. However, shall not include secondhand
sales or wholesale.
[12]
[Ord. No. 18-283, 12-18-2018]
A temperature between sixty degrees Fahrenheit (60° F.)
[fifteen and six tenths degrees Celsius (15.6° C.)] and seventy-eight
degrees Fahrenheit (78° F.) [twenty-five and six tenths degrees
Celsius (25.6° C.)].
A facility where logs are sawn, split, shaved, stripped,
chipped, or otherwise processed to produce wood products.
[Ord. No. 18-283, 12-18-2018]
A business with more than twenty-five percent (25%) of its
inventory which is not in new condition and are sold either by consignment
or direct sale and are not otherwise regulated by the zoning ordinance
such as vehicles.
A premises consisting of age-restricted dwelling units designed
especially for and occupied exclusively by persons fifty-five (55)
years of age and older who are in good health and do not require medical
or skilled nursing. In the case of individuals residing together either
by marriage or domestic partnership, at least one (1) of the residents
must be fifty-five (55) years of age or older. Such facilities include
independent living apartments, senior apartments, retirement homes,
or similar uses but do not include assisted living, memory care, nursing
homes, skilled nursing facilities, convalescent homes, rehabilitation
facilities, hospitals, Congregate Care Facilities or any other uses
which provide medical care to residents or other uses listed or defined
elsewhere within this Chapter.
[Ord. No.
15-069 § 1, 4-21-2015]
Any establishment whose primary activity is the provision
of assistance, as opposed to products, to individuals, business, industry,
government and other enterprises. Such uses include, but are not limited
to, barber shops, hair and nail salons, morticians/funeral homes,
printing establishments, tailors and dressmaking.
[Ord. No. 18-283, 12-18-2018]
See "automobile service station."
Is always mandatory; "may" is permissive.
See "temporary shelter."
A portable storage container designed and manufactured according
to specifications from the International Standards Organization (ISO)
as a standard, reusable vessel intended to be loaded on a truck, rail
car or ship, used primarily for shipping goods.
[Ord. No. 16-266 § 1, 12-20-2016]
A dwelling constructed of one (1) or more shipping containers
that have been modified for residential use.
[Ord. No. 16-266 § 1, 12-20-2016]
A structure constructed of one (1) or more shipping containers.
[Ord. No. 16-266 § 1, 12-20-2016]
A rental of any legally permitted dwelling unit, or a portion
of such a legally permitted dwelling unit, located in a single-family,
two-family or multi-family zoning district for a period of less than
thirty (30) consecutive calendar days and a contract period not to
exceed one hundred eighty (180) days, does not serve meals, and is
in compliance with the terms of this Chapter.
[Ord. No.
19-198, 10-1-2019; Ord. No. 22-104, 8-2-2022]
The property on which a short-term rental is located.
[Ord. No.
19-198, 10-1-2019]
A residence which is integrated with or connected to a personal
workshop or storage space that is generally constructed of seam metal
and provides residential style doors and windows along the primary
frontage.
[Ord. No.
20-065, 5-19-2020]
Same as "tract."
A drawing illustrating a proposed development and prepared
in accordance with the specifications outlined in this Chapter.
A structure designed for the purpose of converting wind energy
into electrical energy to reduce on-site consumption of utility power
with a turbine size no greater than 100 kilowatts (kW).
[Ord. No.
20-103, 7-21-2020]
A number of solar panels or modules connected together in
a single structure. One (1) installation can have more than one (1)
array.
[Ord. No. 22-088, 7-12-2022]
A structure designed for the purpose of collecting and transforming
solar energy into thermal or electrical energy. Solar energy systems
may include photovoltaic or solar thermal systems.
[Ord. No.
20-038, 4-7-2020]
A solar energy system affixed to either a principal or accessory
structure.
[Ord. No. 22-088, 7-12-2022]
A solar energy system that is not attached to a structure
and is affixed to the ground.
[Ord. No. 22-088, 7-12-2022]
A solar energy system affixed to the roof of either a principal
or accessory structure.
[Ord. No. 22-088, 7-12-2022]
A solar energy system that uses sunlight to produce heat
that is used for space heating and cooling, domestic hot water, and
heating pool water.
[Ord. No.
20-103, 7-21-2020]
Garbage, refuse and other discarded materials, including,
but not limited to, solid and semi-solid waste materials resulting
from industrial, commercial, agricultural, governmental and domestic
activities, but does not include hazardous waste as defined in Sections
260.360 to 260.432, RSMo., recovered materials, overburden, rock,
tailings, matte, slag or other waste material resulting from mining,
milling or smelting.
See "fraternity house."
[13]
[Ord. No. 18-283, 12-18-2018]
An accessory building, not related to the ordinary operation
of a farm, for the housing of horses or mules owned by a person living
on the premises and which horses or mules are not for hire or sale.
Any stable for the housing of horses or mules operated for
remuneration, hire, sale or stabling, whether or not the horses or
mules are owned by persons residing on the premises.
Notice to the owner or occupant of a building or structure
from the Director of Community Development or designee that work on
any building or structure is being contrary to the laws of the City
and that such work or action shall stop immediately.
That portion of a building included between the surface of
any floor and the surface of the floor above it or, if there is not
a floor above it, then the space between such floor and the ceiling.
The lowest story of a building, the floor of which is not
more than twelve (12) inches below the ground level. A basement shall
be counted as a story if its ceiling is over five (5) feet above the
level from which the height of the building is measured or if it is
used for purposes other than storage. See Figure 5 following this
Section.
A partial story under a gable, hip or gambrel roof, the wall
plates of which, on at least two (2) opposite exterior sides, are
not more than two (2) feet above the floor of such story.
A public or private thoroughfare which affords the principal
means of access to abutting properties.
The centerline of a street shall mean the centerline thereof
as shown in any of the official records of the County or the City
or as established by the City Engineer or by the State. If no such
centerline has been established, the centerline of a street shall
be a line lying midway between the side lines of the right-of-way
thereof.
A street not dedicated to public use.
A street accepted by dedication or otherwise by the City
Council.
The line separating a lot, tract or parcel of land from a
contiguous street right-of-way. See Figure 6 following this Section.
Any change in the supporting members of a building or structure,
including bearing walls, partitions, columns, beams, girders or similar
parts of the building or structure and/or any substantial change in
the roof of a building.
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, including, but without limiting
the generality of the foregoing, buildings, fences, mobile homes,
signs, billboards, telecommunication towers, gazebos, sheds, swimming
pools and backstops for tennis courts. See also "building."
Regulations as adopted by the City Council regulating the subdivision of the land as set forth in Chapter 405 of this Code of Ordinances.
Any portable pool or permanent structure containing a body
of water twenty-four (24) inches or more in depth or two hundred fifty
(250) square feet or more of water surface area and intended for recreational
purposes.
An area typically located on the premises of a brewery, microbrewery,
distillery, craft distillery or winery that offers samplings for short
periods of time and sales of the product produced on or off the premises.
May include non-alcoholic foodstuff incidental to use.
[Ord. No.
21-078, 5-18-2021; Ord. No. 22-088, 7-12-2022]
Means:
[Ord. No.
21-030, 2-16-2021]
The premises where a tattooist performs tattooing on patrons.
[Ord. No.
21-030, 2-16-2021]
See definition of "bar."
[Ord. No.
21-078, 5-18-2021]
A self-supported structure of at least thirty (30) feet,
other than a building, water tower or water tank, which supports communication
(transmit or receive) equipment utilized by commercial, governmental
or other public and quasi-public users. This does not include private
home use of satellite dishes and television antennas, or amateur radio
operators as licensed by the Federal Communications Commission.
A temporary structure used in conjunction with and located
on the same property as a permitted use without any foundation or
footing and with walls and a roof constructed of heavy hard-wearing
waterproof fabric made of canvas or similar material coated with tar,
wax or paint for outdoor use as a protective covering against wind,
moisture and other elements.
[Ord. No.
15-040 § 1, 2-17-2015]
A residential facility that primarily provides temporary
housing with accommodations for three (3) or more people for little
or no financial compensation and that is operated in a manner that
provides staff supervision and other support services. The length
of time that such persons may stay at the shelter may be indefinite
but is not intended to be permanent.
A temporary structure without any foundation or footing that
is removed when the designated time period, activity, or use for which
the temporary structure was erected has ceased.
The total area of a parcel, site, lot or ownership of land
upon which development or land disturbance is proposed irrespective
of the actual limits or size of the proposed development or land disturbance
activity.
Any vehicle designed or utilized for the transportation of
a boat, auto, snowmobile or similar items or as temporary living quarters
for recreation, camping or travel use, such as, but not limited to,
a travel, tent, camp, pop-up or fifth wheel trailer, which does not
have motive power of its own, but is designed to be drawn by another
vehicle.
Any person who occupies any rooms or accommodations within
a short-term rental property for a period of less than thirty (30)
continuous days.
[Ord. No.
19-198, 10-1-2019]
A facility at which municipal solid waste is unloaded from
small collection vehicles and loaded onto a larger means of transport
for hauling.
[Ord. No. 18-013, 1-16-2018]
A woody plant that grows mostly upright as a single stem
(rarely multi-stem) that may eventually attain a height of fifteen
(15) feet or more.
An account set up within the City financial system that will
accept payments from tree replacement assessments imposed by the City
tree ordinance or other sources that may arise. The tree bank funds
shall be used to plant trees and maintain trees on public property
within the City.
A facility intended to provide services to the trucking industry,
including, but not limited to, the following activities: dispensing
fuel, repair shops, automated washes and restaurants, all as part
of the facility.
[Ord. No. 18-283, 12-18-2018]
Equal to the distance from the average grade at the base
of the tower to the top of the tower structure plus the length of
one (1) blade oriented vertically from its mounting point. Any overlap
distance between the top of the tower and the mounting point of the
blade, or with any other appurtenances, shall be excluded from the
calculation.
[Ord. No.
20-103, 7-21-2020]
The purpose for which land or premises or a building thereon
is designed, arranged or intended or for which it is occupied or maintained,
let or leased.
A use which is incidental or customary to the principal use
and is on the same lot as the principal use.
[Ord. No. 22-088, 7-12-2022]
A use listed as such in this Chapter and which may be permitted in a specified district as set forth; such conditions shall be determined in each case by the terms of this Chapter with the recommendation of the Planning and Zoning Commission and approval of the City Council and in accordance with the procedures specified in Sections 400.980 et seq.
[Ord. No. 22-088, 7-12-2022]
A use which is permitted in the zoning district in which
it is located.
A room or space, located other than in the basement, specifically
designed and constructed to house any home utilities, such as major
home appliances (furnace, water heater, pump).
Relief from or variation of the provisions of these regulations, other than use regulations, and as applied to a specific piece of property, as distinct from rezoning, as further set out hereinafter in Article XIII, Board of Adjustment.
A place for the storage of merchandise or commodities.
A building containing individual storage areas which may
be rented or leased for a period of time.
A building or portion thereof which is not designed for lodging
and is operated for the purpose of sheltering persons from the elements
for brief periods [not to exceed twenty-four (24) hours] during any
twenty-four-hour period. A warming and cooling center may provide
shelter, meals and other incidental resources for not less than three
(3) persons at nominal or no cost and is operated during periods of
extreme cold or hot weather under staff supervision. The length of
time a person may be sheltered shall not exceed the duration of the
extreme cold or hot weather. For purposes of this definition, extreme
cold weather shall be defined as any given day with a forecast low
temperature below thirty-two degrees Fahrenheit (32° F.) and extreme
hot weather shall be defined as any given day with a forecast high
temperature above ninety degrees Fahrenheit (90° F.).
An establishment or place of business primarily engaged in
selling and/or distributing merchandise to retailers; to industrial,
commercial, institutional or professional business users, or to other
wholesalers; or acting as agents or brokers and buying merchandise
to, such individuals or companies. This is not considered retail.
[14]
[Ord. No. 18-283, 12-18-2018]
A processing plant used for the commercial purpose of processing
grapes, other fruit products or vegetables to produce wine or similar
spirits. Processing includes wholesale sales, crushing, fermenting,
blending, aging, storage, bottling, administrative office functions
for the winery and warehousing. Retail sales, tasting, foodstuffs
and a restaurant may be permitted as part of a winery function.
[Ord. No. 18-283, 12-18-2018; Ord. No. 22-088, 7-12-2022]
An open space on a lot, which space is unoccupied and unobstructed
from the ground upward, except as otherwise provided in this Chapter.
In measuring a yard, the building line shall be deemed to
mean a line parallel to the lot line drawn through the point of a
building or the point of a group of buildings nearest to such lot
line. This measurement shall be taken at the right angles from the
building line to the nearest lot line.
A yard extending across the full width of the lot and lying
between the front lot line and the nearest part of the building or
use. See Figure 6 following this Section.
A yard extending across the full width of the lot and lying
between the rear lot line and the nearest part of the building or
use. See Figure 6 following this Section.
A yard lying between a side lot line and the nearest part
of the building or use and the area remaining between the front and
rear yard. See Figure 6 following this Section.
[Ord. No. 18-231, 10-16-2018]
The whole body of regulations, texts, charts, tables, diagrams,
maps, notations, references and symbols contained herein or to which
reference is made.
|
Figure 1
Accessory Buildings
(Example only)
[R.O. 2009 156.005, Figure
1; CC 1981 § 30-5, Figure 6; Ord. No. 98-209, 5-15-1998; Ord. No.
18-231, 10-16-2018]
|
|---|
 f |
|
Figure 2
Cellar and Basement
(Example only)
[R.O. 2009 156.005, Figures
1 and 2; CC 1981 § 30-5, Figures 1 and 2; Ord. No. 98-209,
5-15-1998]
| |
|---|---|
 | |
|
When "B" is half or more than half
of "A," then "A" is a cellar.
|
When "B" is less than half of "A,"
then "A" is a basement.
|
|
Figure 3
Floor Area Ratio
(Example only)
[R.O. 2009 156.005, Figures
2 and 3; CC 1981 § 30-5, Figures 1 and 2; Ord. No. 98-209,
5-15-1998]
| ||
|---|---|---|
 | ||
|
3-store building
100% lot coverage
FAR = 3.0
|
6-store building
50% lot coverage
FAR = 3.0
|
12-store building
25% lot coverage
FAR = 3.0
|
|
Floor area ratio (FAR) is the total
floor area in a structure, divided by the total lot area on which
the structure is located.
| ||
|
Figure 4
Lot Types
(Example only)
[R.O. 2009 156.005, Figure
4; CC 1981 § 30-5, Figure 3; Ord. No. 98-209, 5-15-1998]
|
|---|
 |
|
Figure 5
Basement and Story
(Example only)
[R.O. 2009 156.005, Figures
1 and 2; CC 1981 § 30-5, Figures 1 and 2; Ord. No. 98-209,
5-15-1998]
| |
|---|---|
 | |
|
1.
|
If "A" is less than five (5) feet
and "B" is used for storage, then "B" is not counted as a story.
|
|
2.
|
If "A" is more than five (5) feet
or if "B" is used for purposes other than storage, then "B" is counted
as a story.
|
|
Figure 6
Yards and Lines
(Example only)
[R.O. 2009 156.005, Figures
5 and 6; CC 1981 § 30-5, Figures 4 and 5; Ord. No. 98-209,
5-15-1998; Ord. No. 18-231, 10-16-2018]
|
|---|
 |
|
Figure 7
Block
(Example only)
[Ord. No. 18-231, 10-16-2018]
|
|---|
 |
[1]
Editor's Note: The former definitions of "accessory building"
and "accessory use," which immediately followed this definition, were
repealed 7-12-2022 by Ord. No. 22-088. See now "building, accessory"
and "use, accessory."
[2]
Editor's Note: The former definition of "array," which immediately
followed this definition, was repealed 7-12-2022 by Ord. No. 22-088.
Prior history includes Ord. No. 20-038.
[3]
Editor's Note: The former definition of "building integrated
photovoltaic system (BIPV)," which immediately followed this definition,
was repealed 7-12-2022 by Ord. No. 22-088. Prior history includes
Ord. No. 20-038.
[4]
Editor's Note: The former definition of "building-mounted
solar energy system," which immediately followed this definition,
was repealed 7-12-2022 by Ord. No. 22-088. Prior history includes
Ord. No. 20-038. See now "solar energy system, building-mounted."
[5]
Editor's Note: See the definitions of "Historic Landmarks
Preservation and Architectural Review Board" and "HLPARB" below.
[6]
Editor's Note: The former definition of "conditional use,"
which immediately followed this definition, was repealed 7-12-2022
by Ord. No. 22-088.
[7]
Editor's Note: The former definition of "craft distillery,"
which immediately followed this definition, was repealed 7-12-2022
by Ord. No. 22-088. Prior history includes Ord. No. 21-078.
[8]
Editor’s Note: The definition of “Free
Food Distribution,” which immediately followed, was repealed
4-18-2017 by § 1 of Ord. No. 17-072.
[9]
Editor's Note: The former definition of "ground-mounted solar
energy system," which immediately followed this definition, was repealed
7-12-2022 by Ord. No. 22-088. Prior history includes Ord. No. 20-038.
[10]
Editor's Note: The former definition of "guesthouse," which
immediately followed this definition, was repealed 8-2-2022 by Ord.
No. 22-104.
[11]
Editor's Note: The former definition of "nightclub," which
immediately followed this definition, was repealed 7-12-2022 by Ord.
No. 22-088. Prior history includes Ord. No. 21-078.
[12]
Editor's Note: The former definition of "roof-mounted solar
energy system," which immediately followed this definition, was repealed
7-12-2022 by Ord. No. 22-088. Prior history includes Ord. No. 20-038.
[13]
Editor's Note: The former definition of "speculative shopping
center," which immediately followed this definition, was repealed
7-12-2022 by Ord. No. 22-088.
[14]
Editor's Note: The former definition of "wine bar," which
immediately followed this definition, was repealed 7-12-2022 by Ord.
No. 22-088. Prior history includes Ord. No. 21-078.
[R.O. 2011 § 400.060; R.O. 2009
§ 156.006; CC 1981 § 30-6; Ord. No. 77-31, 7-5-1977; Ord. No. 93-128, 6-8-1993; Ord.
No. 94-126, 6-8-1994; Ord. No. 96-24, 1-18-1996; Ord. No. 96-26, 1-18-1996; Ord. No. 96-41, 2-21-1996; Ord. No. 97-50, 1-31-1997; Ord.
No. 97-348, 10-14-1997; Ord. No. 98-209, 5-15-1998; Ord. No. 00-282, 10-25-2000; Ord. No. 04-176, 8-4-2004; Ord. No. 10-244 § 1, 11-18-2010; Ord.
No. 21-208, 12-21-2021]
A.
In order to regulate and restrict the location
and use of buildings and land for residence, trade, industry and other
purposes and to regulate and restrict the location, height and size
of buildings hereafter erected or structurally altered, the size of
yards and other open spaces and the density of population, the following
zoning districts are hereby established:
|
1.
|
"A"
|
Agricultural District
|
|
2.
|
"R-1C," "R-1D" and "R-1E"
|
Single-Family Residential Districts
|
|
3.
|
"R-2"
|
Two-Family Residential District
|
|
4.
|
"R-3A"
|
Multiple-Family Residential District
|
|
5.
|
"R-M"
|
Manufactured/Modular Residential
District
|
|
6.
|
"O-I"
|
Office Institution District
|
|
7.
|
"HCD"
|
Historic Commercial District
|
|
8.
|
"C-1"
|
Neighborhood Business District
|
|
9.
|
"C-2"
|
General Business District
|
|
10.
|
"C-3"
|
Highway Business District
|
|
11.
|
"I-1"
|
Light Industrial District
|
|
12.
|
"I-2"
|
Heavy Industrial District
|
|
13.
|
"PD"
|
Planned Development District
|
|
14.
|
"PD-RF"
|
Planned Development Riverfront District
|
|
15.
|
"CBD"
|
Central Business District
|
|
16.
|
"CRD"
|
Central Residential District
|
|
17.
|
"FD"
|
Frenchtown District
|
|
18.
|
"SD"
|
Superimposed Districts:
|
|
Residential Permit Parking District
"RPPD"
Wellhead Protection District "WHP"
South Main Preservation District
"SMPD"
Extended Historic Preservation District
"EHP"
Historic Downtown District "HDD"
Frenchtown Preservation District
"FPD"
Commons Preservation District "CPD"
Landmark Preservation District "LMPD"
Fifth Street Corridor/Hospital District "FSC/HD"
|
[R.O. 2011 § 400.070; R.O. 2009
§ 156.007; CC 1981 § 30-7; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998; Ord.
No. 04-176, 8-4-2004; Ord. No. 10-244 § 1, 11-18-2010; Ord.
No. 21-208, 12-21-2021]
For the purpose of reference hereafter
in this Chapter, unless specifically provided to the contrary, the
term "residential district" shall include the "A," "R-1C," "R-1D,"
"R-1E," "R-2," "R-3A," "R-M," "CRD" and the strictly residential portions
of a "PD" or "PD-RF" Districts. The term "business district" shall
include the "O-1," "HCD," "C-1," "C-2," "C-3," "CBD," "FD" and the
strictly commercial or mixed use portions of a "PD" or "PD-RF" Districts.
The term "industrial district" shall include all the "I-1," "I-2"
and the strictly industrial portions of a "PD" or "PD-RF" Districts.
[R.O. 2011 § 400.080; R.O. 2009
§ 156.008; CC 1981 § 30-8; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998]
A.
Such land and the district classification
thereof shall be as shown on the map designated as the "Zoning District
Map of St. Charles, Missouri." This Zoning District Map and all notations,
dimensions, references and symbols shown thereon, pertaining to such
districts, shall be as much a part of this Chapter as if fully described
herein and shall be filed as part of this Chapter by the City Clerk.
Such map shall be available for public inspection in the office of
the City Clerk. This map, together with subsequent amendments, shall
be conclusive as to the current zoning status of land.
B.
The original of each Zoning District Map
shall be properly attested to and filed along with the official signed
and attested copy of this Chapter in the office of the City Clerk.
No amendment, new Zoning District Map, new boundary, boundary changes
or any entries are to be made or become effective in the future until
after the amendment, new Zoning District Map, new boundary, boundary
changes or entries have been recorded, changed or entered on such
original official Zoning District Map adopted as a part of this Chapter.
[R.O. 2011 § 400.090; R.O. 2009
§ 156.009; CC 1981 § 30-9; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998]
A.
A district name or letter-number combination
shown on the Zoning District Map(s) indicates that the regulations
pertaining to the district designated by that name or letter-number
combination extend throughout the whole area of the City, bounded
by the district boundary lines within which such name or letter-number
combination is shown or indicated, except as otherwise provided by
this Section.
B.
Where uncertainty exists with respect to
the boundaries of the various districts as shown on the map accompanying
and made a part of these regulations, the following rules apply:
1.
In cases where a boundary line is
given a position within a street or alley, right-of-way easement,
navigable or non-navigable stream, it shall be deemed to be in the
center of the right-of-way of the street, alley, right-of-way easement,
canal or stream; and if the actual location of such street, alley,
easement or stream varies slightly from the location as shown on the
Zoning District Map, then the actual location shall control.
2.
In cases 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 a district boundary line, as
shown on the Zoning District Map, approximately coincides with lot
lines, municipal boundaries or the City limit line, the lot lines,
municipal boundaries or City limit line shall be construed to be the
district boundary line unless otherwise indicated.
4.
In cases where a district boundary
line as shown on the Zoning District Map does not coincide or approximately
coincide with street lines, alley lines or lot lines and no dimensions
are shown, the location of such district boundary line shall be determined
by the Department of Community Development, after review of appropriate
City Council records.
C.
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.
[R.O. 2011 § 400.100; R.O. 2009
§ 156.010; CC 1981 § 30-10; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998]
No structure or land shall hereafter
be used and no structure or part thereof shall be erected, reconstructed,
converted, enlarged, moved or structurally altered unless in compliance
with the regulations as set forth in this Chapter and in compliance
with the design standards of the zoning district in which the structure
is located.
[R.O. 2011 § 400.110; R.O. 2009
§ 156.011; CC 1981 § 30-11; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998; Ord. No. 10-143 § 1, 7-8-2010; Ord. No. 17-151 § 1, 7-28-2017; Ord. No. 18-231, 10-16-2018]
A.
Every building hereafter erected, reconstructed, converted, moved or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one (1) principal building on one (1) lot except as permitted pursuant to Section 400.290, "FD" Frenchtown District.
[Ord. No.
21-055, 3-16-2021; Ord. No. 21-208, 12-21-2021]
B.
There may be more than one (1) multi-family,
hotel, motel or institutional building located upon a lot or tract;
provided, that:
1.
The required yards are maintained
around the group of buildings;
2.
Buildings that are parallel, or that
are within forty-five degrees (45°) of being parallel, shall be
separated by a horizontal distance that is at least equal to the height
of the highest building;
3.
Requirements for dwelling units per
acre do not apply to dormitories, fraternities, sororities and other
similar living quarters which are accessory to a permitted use and
which have no cooking facilities in individual rooms or apartments.
[R.O. 2011 § 400.120; R.O. 2009
§ 156.012; CC 1981 § 30-12; Ord. No. 77-31, 7-5-1977; Ord. No. 96-200, 7-10-1996; Ord. No. 98-209, 5-15-1998; Ord. No. 01-156, 7-19-2001]
A.
The minimum yards, height limits, parking
spaces, landscaping and open spaces, including dwelling units per
acre required by this Chapter for each building existing at the time
of the passage of these regulations or for any building hereafter
erected, shall not be encroached upon or considered as required yard
or open space for any other building, nor shall any lot area or lot
dimensions be reduced below the requirements of these regulations.
Additionally, all required landscaping and greenbelts must remain
at or greater than the minimum specification after final occupancy
permits are issued.
B.
Lot Consolidations. When the recorded owner
of two (2) or more contiguous lots desires to erect a building across
common property lines shared by the lots, the owner shall so indicate
the proposed consolidation in writing to the Director of Community
Development. No amended record plats are needed so long as the external
boundary in question is used as one (1) zoning lot. The Director of
Community Development shall indicate approval of the proposed consolidation
in writing. The proposed consolidation and the Director's approval
thereof shall remain part of the building permit record of the proposed
structure.
[R.O. 2011 § 400.130; R.O. 2009
§ 156.013; CC 1981 § 30-14; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998]
For the purpose of this Chapter,
permitted uses are listed for the various districts. Unless the contrary
is clear from the context of the lists or other regulations of this
Chapter, uses not specifically listed are prohibited.
