City of Republic, MO
Greene County
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Table of Contents
Table of Contents
[CC 1999 §26-1]
This Chapter shall be known, referred to and recited as the Zoning Code of the City of Republic, Missouri.
[CC 1999 §§26-2 — 26-3, 26-132; Ord. No. 03-56 §1, 8-25-2003; Ord. No. 03-80 §1, 11-24-2003; Ord. No. 05-82 §1, 10-10-2005; Ord. No. 05-83 §1, 11-14-2005; Ord. No. 05-96 §1, App. A §1, 12-12-2005; Ord. No. 11-20 §1, 8-8-2011]
A. 
For the purposes of this Chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure" and the word "shall" is mandatory and not directory.
B. 
For the purpose of this Chapter, certain terms and words are to be used and interpreted as defined below:
AGRICULTURAL PROCESSING
The initial processing of crop-based agricultural products that is reasonably required to take place in close proximity to the site where such products are produced. Typical uses include grain mills.
AGRICULTURAL SALES AND SERVICE
A use primarily engaged in the sale or rental of farm tools and implements, feed and grain, tack, animal care products and farm supplies. This definition excludes the sale of large implements, such as tractors and combines, but includes food sales and farm machinery repair services that are accessory to the principal use.
AGRICULTURE, GENERAL
The use of land for the production of livestock, dairy products, poultry or poultry products.
AGRICULTURE, LIMITED
The use of land for the production of row crops, field crops, tree crops or timber.
ALLEY
All property dedicated or intended for public or private street purposes or subject to public easements therefore, and less than sixteen (16) feet in width from property line to property line.
BASEMENT
That enclosed part of a building having at least two (2) feet of its height below the average grade of the adjoining ground.
BERM
An earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise.
BOARDING HOUSE OR LODGING HOUSE
A building, other than a hotel or apartment hotel, where, for compensation and by pre-arrangement for definite periods, lodging, meals, or lodging and meals are provided for three (3) or more persons, but not exceeding twenty (20) persons.
BUFFER
Land area typically containing trees, shrubs and other plants, berms, fences or walls and used to visibly separate one use from another or to block noise, lights or other nuisances.
405-020_1.tif
BUILDING
Any structure having a roof supported by columns or walls for the shelter or enclosure of persons or property.
BUILDING, HEIGHT OF
The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.
BULK PLANE
A theoretical plane beginning at a lot line, or other locations as set forth in the Code and rising over an acute slope determined by an acute angle measured up from the horizontal point. The bulk plane defines the relationship between the height of a structure and the structure's setback from the lot line.
CARPORT
A structure open on at least two (2) sides used for the purpose of providing vehicular protection. Carports shall not be located within side or front yard setbacks.
CLINIC
An establishment where patients are not lodged overnight but are admitted for examination and treatment by a group of physicians or dentists practicing medicine together.
CO-LOCATION
Locating wireless communications equipment for more than one (1) provider at a single communications facility.
CONIFER
Evergreen trees and shrubs that bear both seeds and pollen on dry scales arranged as a cone.
CULTIVATED LANDSCAPE AREA
Planted areas that are frequently maintained by mowing, irrigating, pruning, fertilizing, etc.
DAY CARE
1. 
A family home, occupied by the day care provider, in which family-like care is given to six (6) children or less, not related to the provider, for any part of the twenty-four (24) hour day. The maximum number of children under two (2) years of age shall be three (3).
2. 
A family home, occupied by the day care provider, in which family-like care is given to seven (7) but not more than ten (10) children, not related to the provider, for any part of the twenty-four (24) hour day. The maximum number of children under two (2) years of age shall be two (2) unless there is a full-time adult assistant, in which case the maximum number of children under two (2) years shall be four (4).
DAY CARE CENTER
Is either:
1. 
A family home where more than ten (10) children are cared for, not related to the provider, for any part of the twenty-four (24) hour day, or
2. 
A building other than a family home in which more than four (4) children are cared for, not related to the provider, for any part of the twenty-four (24) hour day.
DECIDUOUS
A plant with foliage that is shed annually.
DISTRICT
A section or sections in the City of Republic within which the zoning regulations are uniform.
DROPLINE
A vertical line extending from the outermost branches of a tree to the ground.
DWELLING
A building or portion thereof designed or used exclusively for residential occupancy, but not including home trailers, mobile homes, hotels, motels, boarding houses and lodging houses, tourist courts or tourist homes.
DWELLING, SINGLE-FAMILY
A building designed for or occupied exclusively by one (1) family.
DWELLING, TWO-FAMILY
A building designed for or occupied exclusively by two (2) families.
DWELLING, MULTIPLE
A building designed for or occupied exclusively by more than two (2) families.
ECOSYSTEM
A characteristic assemblage of plant and animal life within a specific physical environment, and all interactions among species, and between species and their environment.
EVERGREEN
A plant with foliage that persists and remains green year-round.
EXTERIOR STRUCTURAL ALTERATION
Any change in the supporting members of a building or structure such as bearing walls or partitions, columns, beams or girders that is visible from the exterior of a building or structure or any substantial change in the roof or in exterior walls of a building or structure.
FAMILY
The following living arrangements shall constitute a family for the purposes of this Article:
1. 
One (1) or more persons related by blood, marriage, adoption or custodial relationship living as a single housekeeping unit; or
2. 
Three (3) or less unrelated persons living as a single housekeeping unit; or
3. 
Two (2) unrelated persons, plus their biological, adopted or foster children or other minors for whom they have legally established custodial responsibility, living as a single housekeeping unit.
FILLING STATION
Any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories but not including major repair work such as motor replacement, body and fender repair or spray painting.
FLOOR AREA
The square feet of floor space within the outside line of walls and including the total of all space on all floors of a building. It does include porches, garages, or space in a basement or cellar when said basement or cellar space is used for storage or incidental uses.
FRONTAGE
The distance along a street line from one (1) intersecting street to another or from one (1) intersecting street to the end of a dead-end street.
FURNISH
To issue, sell, give, provide, lend, mail, deliver, transfer, circulate, disseminate, present, exhibit or otherwise provide.
GARAGE, PRIVATE
A detached building or portion of a main building housing the automobiles of the occupants of the premises.
GARAGE, PUBLIC
A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing or parking motor-driven vehicles. The term "repairing" shall not include an automotive body repair shop nor the rebuilding, dismantling or storage of wrecked or junked vehicles.
GARAGE, STORAGE
A building or portion thereof designed or used exclusively for term storage by pre-arrangement of motor-driven vehicles, as distinguished from daily storage furnished transients, and at which motor fuels and oils are not sold, and motor-driven vehicles are not equipped, repaired, hired or sold.
GRADE
The average level of the finished surface of the ground for buildings more than five (5) feet from a street line. For buildings closer than five (5) feet to a street line, the grade is the sidewalk elevation at the center of the building. If there is more than one (1) street, an average sidewalk elevation is to be used. If there is no sidewalk, the City Engineer shall establish the sidewalk grade.
GROUND COVER
Plants, other than turf grass, normally reaching an average maximum height of not more than twenty-four (24) inches at maturity.
GROUP HOME
Any home in which eight (8) or fewer unrelated mentally or physically handicapped person reside and may include two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.
GUYED TOWERS
A communication tower that is supported, in whole or in part, by guy wires and ground anchors.
HEDGE
A landscape barrier consisting of a continuous, dense planting of shrubs.
HOME OCCUPATION
Any occupation or activity which is clearly incidental and secondary to the use of the premises for dwelling purposes and which is carried on wholly within a main building or accessory building by a member(s) of a family residing on the premises.
HOTEL
A building in which lodging, or boarding and lodging are provided and offered to the public for compensation, and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all times. As such, it is open to the public in contradistinction to a boarding house, lodging house, or an apartment house which are herein separately defined.
IMPERVIOUS, PERVIOUS SURFACE
Any part of a lot that is covered by buildings, structures, parking areas, driveways and any other surfaces which reduce or prevent absorption of stormwater, likewise, a pervious surface is any surface that allows for the absorption of stormwater.
405 405020b.tif
INSTITUTION
A non-profit establishment for public use.
IRRIGATION SYSTEM
A permanent, artificial watering system designed to transport and distribute water to plants.
LATTICE TOWER
A guyed or self-supporting three (3) or four (4) sided, open, steel frame structure used to support telecommunications equipment.
LOADING SPACE
A space within the main building or on the same lot, providing for the standing, loading or unloading of trucks, having a minimum dimension of twelve (12) feet by thirty-five (35) feet and a vertical clearance of at least fourteen (14) feet.
LODGING HOUSE OR ROOMING HOUSE
Same as "Boarding House".
LOT
A parcel of land occupied or intended for occupancy by a use permitted in this Chapter, including one (1) main building together with its accessory buildings, the open spaces and parking spaces required by the ordinance, and having its principal frontage upon a street or upon an officially approved place.
LOT, CORNER
A lot abutting upon two (2) or more streets at their intersection.
LOT, DOUBLE FRONTAGE
A lot having a frontage on two (2) non-intersecting streets as distinguished from a corner lot.
LOT OF RECORD
A lot which is part of a subdivision, the map of which has been recorded in the office of the Recorder of Deeds of the County of Greene, Missouri, or a parcel of land, the deed of which was recorded in the office of the Recorder of Deeds prior to the adoption of this Chapter.
MANUFACTURED HOMES
Factory-built structures; transportable in one (1) or more sections which are twenty-four (24) feet or more in width and forty-two (42) feet or more in length when assembled; designed to be occupied as a permanent single-family residential dwelling; not constructed or equipped with a permanent hitch or other device intended for the purpose of moving the structure from one place to another, other than for moving to a permanent site from the factory or distributor; has no permanently attached wheels or axles; installed on a permanent foundation; equipped with the necessary service connections; designed, manufactured, and certified to conform to the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401).
MATERIAL
Anything printed or written, or any picture, drawing, photograph, motion picture film, videotape or videotape production, or pictorial representation, or any recording or transcription, or any mechanical, chemical, or electrical reproduction, or stored computer data, or anything which is or may be used as a means of communication. "Material" includes undeveloped photographs, molds, printing plates, stored computer data and other latent representational objects.
MOBILE HOME
Transportable, factory-built homes more than eight (8) feet in width and more than thirty-six (36) feet in length; designed to be occupied as a single-family residential dwelling; not placed on a permanent foundation; equipped with the necessary service connections; designed and manufactured to be transportable on its own running gear; and conforming to the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401).
MODULAR HOME
Factory-built, transportable dwelling unit designed to be used by itself or to be incorporated with similar units at a point of use into a modular structure to be used for single-family housing, bearing the seal of the Missouri Public Service Commission indicating compliance with the State of Missouri Standards and Regulations for Modular Homes.
MONOPOLE TOWER
A communication tower constructed without the use of guy wires and ground anchors and consisting of only a single pole (also known as self-supporting tower).
MOTEL
A building in which lodging or boarding and lodging are provided and offered to the public for compensation. As such, it is open to the public in contradistinction to a boarding house, a lodging house or an apartment house which are herein separately defined.
MULCH
Non-living organic and synthetic materials customarily used in landscaping design to retard erosion and retain moisture.
NON-CONFORMING USE
The use of land or a building, or portion thereof, which use does not conform with the use regulations of the district in which it is situated.
OPEN SPACE
Open space shall be interpreted to mean:
1. 
All areas of natural plant communities or area replanted with vegetation after construction, such as revegetated natural areas; tree, shrub, hedge or ground cover planting areas; and lawns; and
2. 
Other areas allowed to be counted as open space as per the City of Republic Zoning and Design Code.
ORNAMENTAL TREE
A deciduous tree planted primarily for its ornamental value or for screening purposes.
OVERNIGHT SHELTER
A facility providing temporary lodging on a daily basis, with or without meals, for primarily indigent, needy, homeless or transient persons.
PARKING AREA
That portion of the vehicle accommodation area set aside for the parking of one (1) vehicle.
PARKING SPACE
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 for the temporary storage of one (1) automobile and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for automobiles.
PERFORMANCE
Any play, motion picture film, videotape, dance or exhibition performed before an audience of one or more.
PERIMETER, LANDSCAPING
A five (5) feet greenspace strip which surrounds the entire property, not including where a landscaped street buffer is required.
PERVIOUS SURFACE
See IMPERVIOUS SURFACE.
PLANT COMMUNITY
A natural association of plants that are dominated by one (1) or more prominent species, or a characteristic physical attribute.
PLANT SPECIES - PROHIBITED
Those plant species which are demonstrably detrimental to native plants, native wildlife, ecosystems, or human health, safety and welfare.
PORTABLE BUILDING
A subordinate building less than two hundred (200) square feet, the use of which is incidental to that of the main building, dwelling or premises, which is not erected on a permanent foundation. Portable buildings shall be constructed, erected and located in a manner that provides a convenient means of relocation.
PREMISE
Any tract of land, consisting of one (1) or more lots, under single or multiple ownership, which operates as a functional unit. When developed, a premise shall also possess one (1) or more of the following criteria:
1. 
Shared parking.
2. 
Common management.
3. 
Common identification.
4. 
Common access.
5. 
Shared circulation.
PRESERVE AREAS
Vegetative areas required to be preserved by law.
PROMOTE
To manufacture, issue, sell, provide, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same, by any means including a computer.
SCREEN
A method of reducing the impact of noise and unsightly visual intrusions with less offensive or more harmonious elements, such as plants, berms, fences, walls or any appropriate combination thereof.
SETBACK
The minimum distance required between the property line and a point of the structure nearest the property line.
SETBACK, SIDE STREET
The minimum distance required between a point of the structure nearest the right-of-way line of a street located on the side of the structure.
SEXUALLY ORIENTED BUSINESS
An adult bookstore or adult video store, an adult cabaret, an adult motion picture theater, a semi-nude model studio, or a sexual encounter center as further defined by reference to the definition of those terms as now or hereafter defined in Section 573.528, RSMo., or as may be adopted in the City Code in a manner not inconsistent with Section 573.528, RSMo.
SHADE TREE
A deciduous tree planted primarily for its high crown of foliage or overhead canopy.
SHRUB
A self-supporting woody perennial plant of low-level woody, perennials plant of low to medium height characterized by multiple stems and branches continuous from the base, usually not more than ten (10) feet in height at its maturity.
STORAGE, PERSONAL OR SELF STORAGE
A building or group of buildings, commonly referred to as mini-storage, consisting of individual, small, self-contained units that are available on a rental basis for the storage of business and household goods or contractor's supplies.
STORY
That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it; or, if there be no floor above it, then the space between such floor and the ceiling next above it.
STORY, HALF
A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished off for use. A half story containing independent apartments or living quarters shall be counted as a full story.
STREET
All property dedicated or intended for public or private street purposes or subject to public easements therefore and more than sixteen (16) feet in width from property line to property line.
STREET LINE
A dividing line between a lot and a contiguous street.
STRUCTURAL ALTERATIONS
Any change, except those required by law or ordinance, which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other ordinances.
STRUCTURE
Anything constructed or erected, the use of which requires more or less ground.
STRUCTURES, ACCESSORY
A structure that:
1. 
Is subordinate to and serves a principal structure,
2. 
Is subordinate in area, extent or purpose to the principal structure,
3. 
Contributes to the comfort, convenience or necessity of the occupants, business or industry in the principal structure,
4. 
Is located on the same lot as the structure.
TOWER OR COMMUNICATION TOWER
Any structure that is designed and constructed for the purpose of supporting one (1) or more antennas; including lattice towers, guy towers or monopole towers. This definition also includes any structure in which supporting the antenna array is not the primary purpose of the structure such as a water tower or utility pole. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. This term is not intended to describe buildings or other structures that have been constructed primarily for a purpose other than supporting one (1) or more antennas, despite the fact that such structure may currently, or in the future, actually support one (1) or more antennas, not to exceed ten (10) feet above the apex of the roof in residentially zoned districts such as: satellite dishes, television antennas and radio antennas.
TRAILER OR MOBILE HOME
A vehicle used for living purposes and standing or designed to stand on wheels or rigid supports.
TRAILER PARK
An area where one (1) or more trailers can be or are intended to be parked, designed or intended to be used as living facilities for one (1) or more families.
TREE
Any self-supporting woody perennial plant which has a trunk diameter of two (2) inches or more and which normally attains an overall height of at least fifteen (15) feet at maturity, usually with one (1) main stem or trunk and many branches. It may appear to have several stems or trunks as in several varieties of oak.
UNDERSTORY
Assemblages of natural low-level woody, herbaceous, and ground cover species which exist in the area below the canopy of trees.
USE
The purpose for which land or a building is arranged, designed or intended, or for which either land or building is or may be occupied or maintained.
VEGETATION, NATIVE
Any plant species with a geographic distribution indigenous to all or part of the State of Missouri. Plant species which have been introduced by man are not native vegetation.
VEHICLE ACCOMMODATION AREA
A lot that is used by vehicles for access, circulation, parking, loading and unloading. It comprises the total of circulation areas, loading and unloading areas and parking areas.
VIABLE
When referring to a tree, shrub, or other type of plant, is a plant that, in the judgment of the City Planner, is capable of sustaining its own life processes, unaided by man, for a reasonable period of time.
WHOLESALE PROMOTE
To manufacture, issue, sell, provide, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, or to offer or agree to do the same for purposes of resale or redistribution.
WOODLANDS, EXISTING
Existing trees and shrubs of a number, size and species that accomplish the same general function as new plantings.
XERISCAPE
Landscape methods which conserve water through the use of drought-tolerant plants and planting techniques.
YARD
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 herein. 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 minimum horizontal distance between the lot line and the main building shall be used.
YARD, FRONT
A yard extending across the front of a lot and being the minimum horizontal distance between the right-of-way or property line and the main building or any projections thereof other than the projections of the usual uncovered steps, unenclosed balconies or unenclosed porches. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension.
YARD, REAR
A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the projections of uncovered steps, unenclosed balconies or unenclosed porches.
YARD, SIDE
A yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of the main buildings or any projections thereof.
[1]
Cross Reference — As to definitions concerning landscaping, see §405.820 of this chapter.
A. 
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of Sections 89.010 to 89.140, RSMo., or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Such regulations shall be enforced by an officer empowered to cause any building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations made pursuant to the authority of Sections 89.010 to 89.140, RSMo.
B. 
The owner or general agent of a building or premises where a violation of any provision of said regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10.00) and not more than two hundred fifty dollars ($250.00) for each and every day that such violation continues or by imprisonment for ten (10) days for each and every day such violation shall continue or by both such fine and imprisonment in the discretion of the court. Notwithstanding the provisions of Section 82.300, RSMo., however, for the second and subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) for each and every day that such violation shall continue or by imprisonment for ten (10) days for each and every day such violation shall continue or by both such fine and imprisonment in the discretion of the court.
C. 
Any such person who having been served with an order to remove any such violation shall fail to comply with such order within ten (10) days after such service or shall continue to violate any provision of the regulations made under authority of Sections 89.010 to 89.140, RSMo., in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).
A. 
Authority. Whenever the Community Development Director or his/her designee finds any work regulated by this Code or the associated regulations being performed in a manner contrary to the provisions of this Code or in a dangerous or unsafe manner, the Building Official is authorized to issue a stop work order.
B. 
Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will permitted to resume.
C. 
Unlawful Continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.