[Ord. No. 227 §1(94.010), 10-4-1999]
[Ord. No. 227 §1(94.050), 10-4-1999]
A.
The
legislative body of all cities, towns and villages is empowered to
zone "for the purpose of promoting health, safety, morals, or the
general welfare of the community. . ." RSMo. 89.020.
B.
"Such
regulations shall be . . . designed to lessen congestion in the streets;
to secure safety from fire, panic or other dangers; to promote health
and general welfare; to provide adequate light and air; to prevent
the overcrowding of land; to avoid undue concentration of population;
to preserve features of historical significance; to facilitate the
adequate provision of transportation, water, sewerage, schools, parks
and other public requirements. Such regulations shall be made with
. . . a view of conserving the values of buildings and encouraging
the most appropriate use of land throughout such municipality." RSMo.
89.040.
[Ord. No. 227 §1(94.020), 10-4-1999; Ord. No. 271, 10-9-2006]
A.
The
phrase "used for" also means "designed for" and vice versa; words used in the present tense include the future;
words in the singular include the plural and vice versa; words indicating
the masculine include the feminine and vice versa; and the word "shall" is mandatory.
B.
ACCESSORY BUILDING
ACCESSORY USE
ADJACENT
AGRICULTURAL USE
ALLEY
ALTERATION
APARTMENT HOUSE
BASEMENT
BILLBOARD, SIGN BOARD
BUILDING
BUILDING AREA
BUILDING, FRONT LINE OF
BUILDING, HEIGHT OF
BUILDING LINE
BUILDING, PRINCIPAL
CHILD CARE FACILITY
1.
2.
CITY CLERK
COMMUNICATION TOWER
COMPREHENSIVE PLAN
COVERAGE
CUL-DE-SAC
DEVELOPMENT
DOG KENNEL
DUMP
DWELLING, RESIDENCE
1.
2.
3.
EASEMENT
FAMILY
FILLING STATION
FRONTAGE
GARAGE, PRIVATE
GROUP HOME
HABITABLE FLOOR
HIGHEST ADJACENT GRADE
HOME OCCUPATION
JUNK YARD
LOADING SPACE
LOT
1.
2.
3.
LOT DEPTH
LOT LINE
LOT WIDTH
MOBILE HOME
MOBILE HOME/MANUFACTURED HOME
1.
a.
b.
c.
d.
e.
f.
2.
3.
4.
5.
6.
MODULAR HOME
MOTOR VEHICLE REPAIR SHOP
NON-CONFORMING USE
OVERLAY DISTRICT
PERMANENT FOUNDATION
PERSON
PLAT
1.
2.
SIGN
STORY
STREET
STREET EASEMENT
STREET LINE
STRUCTURE
SUBDIVIDER
SUBDIVISION
TERRITORIAL JURISDICTION
USE
VARIANCE
YARD
For
the purpose of these regulations, certain terms and words are hereby
defined as follows:
A subordinate building having a use customarily incidental
to and located on the same lot as the main building. A building housing
an accessory use is considered a part of the main building when it
has any part of a wall in common with the main building or is under
an extension of the main roof.
A use incidental to the principal use of a building. In buildings
restricted for residential use, an office used for family occupations
and workshops not conducted for compensation shall be deemed accessory
uses.
For purposes of this chapter means to touch or be separated
only by a public street, alley or easement.
The growing of crops in the open and the raising of permissible
stock and poultry as are incidental to the acreage farmed, provided
however, that such land shall consist of at least two (2) acres in
one (1) parcel or in contiguous parcels under common ownership or
operation. Riding academies, livery or boarding stables, or dog kennels
shall not be deemed an agricultural use.
A minor permanent public serviceway which is used primarily
for vehicular service access to the back or the side of properties
otherwise abutting on a street.
Any addition, removal, extension or change in the structural
parts of a building, whether by extending on a side or by increasing
in height, or the moving from one (1) location or portion to another.
A building arranged, intended or designed to be occupied
by three (3) or more families living independently of each other.
A story partly or wholly underground. For purposes of height
measurement, a basement shall be counted as a story where more than
one-half (½) of its height is above the average level of the
adjoining ground.
Any sign or advertisements used as an outdoor display for
the purpose of making anything known, the origin or point of sale
of which is remote from said display.
The word "building" shall be construed to
include any structure.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or not, but does not include steps.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs and to the mean height between eaves and ridge for gable, hip
or gambrel roofs.
A line across a lot establishing the minimum open space to
be provided between the buildings and structures and the street property
line.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A house or other place conducted or maintained by any person
who advertises or holds himself/herself out as providing care for
more than four (4) children under the age of seventeen (17) during
the daytime, for compensation or otherwise, except those operated
by a school system or in connection with a business establishment
as a convenience for its customers or employees; provided however,
that this determination shall not apply to any person, firm or institution
not required to be licensed under Missouri law.
Day care home. A family home, occupied as a
permanent residence by the day care provider, in which family-like
care is given to no more than ten (10) children, not related to the
day care provider, for any part of the twenty-four (24) hour day.
Day care center. A facility other than the
provider's permanent residence, or separate from the provider's permanent
residence, or separate from the provider's living quarters, where
care is provided for children for any part of the twenty-four (24)
hour day.
The Diamond City Clerk or designated representative.
A tower or "cell site" constructed for the purpose of providing
a means for continuous communication. The tower could be for cellular
telephone, cable television, microwave communication, or any medium
of communication.
A plan for the development of all or part of the territorial
jurisdiction of the City, as adopted in accordance with this regulation
and the laws of the State, including studies pertaining to land use,
schools, parks, subdivisions, streets and public buildings.
That percentage of the plot or lot area covered by the building
area.
A short street having one (1) end open to traffic and being
permanently terminated within the plat by a vehicular turnaround.
Any manmade change to improved or unimproved real estate
including, but not limited to, building or other structures, mining,
dredging, filling, grading, paving, extraction or drilling operations.
The keeping of more than three (3) dogs that are more than
six (6) months old.
A parcel of land used primarily for the disposal by abandonment,
dumping, burial, burning or any other mean and for whatever purpose
of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles
or parts thereof, or waste material of any kind.
A building or portion thereof designed exclusively for residence
occupancy, including one (1) or more family residences, but not including
hotels, boarding, and rooming houses.
Dwelling, one-family. A detached building designed
exclusively for occupancy by one (1) family.
Dwelling, two-family. A building exclusively
for occupancy by two (2) families living independently of each other.
Dwelling, multiple-family. A building or portion
of a building designed for or occupied by three (3) or more families
living independently of each other.
A grant by the property owner of right of use of some, part
of or all of the subject property for some specified purpose, said
grant being to and for the use of the public, a corporation or persons.
One (1) or more persons related by blood or marriage, including
adopted children, or a group of not to exceed five (5) persons not
all related by blood or marriage, occupying premises and living as
a single no-profit housekeeping unit, as distinguished from a group
occupying a boarding or lodging house, hotel, club or similar dwelling
for group use.
Any area of land, including any structure or structures thereon,
used or designed to be used for the supply of gasoline or oil or other
fuel (not including liquid petroleum gasses) for the propulsion of
vehicles.
All the property fronting one (1) side of street between
the two (2) nearest intersecting streets or other natural barrier.
An enclosed space for the storage of one (1) or more motor
vehicles, provided that no business, occupation or service is conducted
for profit therein or more than one (1) car is leased to a non-resident
of the premises.
Any home in which eight (8) or fewer unrelated 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.
Any floor used for living which includes working, sleeping,
eating, cooking or recreation or a combination thereof. A floor used
only for storage purposes is not a "habitable floor".
The highest natural elevation of the ground surface prior
to the construction next to the proposed walls of a structure.
Any occupation or profession carried on by the inhabitants
which is clearly incidental and secondary to the use of the dwelling
for dwelling purposes, which does not change the character thereof
and which is conducted entirely within the main or accessory buildings,
provided that incidental trading in merchandise is carried on and
in connection with which there is no display of merchandise or sign
other than one (1) non-illuminated nameplate not more than two (2)
square feet in area, which said sign is attached to the main or accessory
building; and further provided, that no mechanical equipment is used,
nor any activity conducted, that creates any noise, dust, odor, or
electrical disturbances beyond the confines of the lot on which said
occupation is conducted.
A lot, land or structure or part thereof used primarily for
the collecting, storage and sale of waste paper, rags, scrap metal
or discarded material or for the collecting, dismantling, storage
and salvaging of machinery or vehicles not in running condition.
An off-street space or berth on the same lot with a building,
or contiguous to a group of buildings, for the temporary parking of
commercial vehicles while loading or unloading merchandise or materials
and which abuts upon a street or other appropriate means of access.
A unit of land defined as such for the purpose of development
or the transfer of ownership occupied or to be occupied by a building,
or unit group of buildings, and accessory buildings together with
such yard or other area required by this regulation and having its
principal frontage upon a street or as approved by the City.
Lot, corner. A lot, or portion thereof, not
greater than one hundred (100) feet in width and situated at the intersection
of two (2) or more streets having an angle of intersection of not
more than one hundred thirty-five degrees (135°).
Lot, interior. A lot whose side lines do not
abut upon any street.
Lot, through. A lot other than a corner lot
abutting upon two (2) or more streets.
The horizontal distance between the front and rear lot line
measured along the median between the two (2) side lot lines.
The line bounding a lot as defined herein.
The horizontal distance between the side lot lines measured
at right angles to the lot depth at the building line.
A manufactured home constructed prior to June 15, 1976, and
therefore not subject to HUD construction requirements. No mobile
homes shall be permitted in the City of Diamond since they may create
a safety hazard.
A manufactured residential structure constructed according to the current standards established by the United States Department of Housing and Urban Development (HUD) for constructing such structures and shall bear a seal issued by the HUD as required by the Revised Statutes of Missouri, Chapter 700.
Class A manufactured home shall:
Be a new manufactured which has not been previously titled to
a retail purchaser.
Be comprised of at least two (2) enclosed parallel sections,
each of not less than twelve (12) feet in width and not less than
fifty (50) feet long.
Have exterior siding and roof similar in appearance to siding
and roof materials used on conventional site-built single family residences.
Be oriented on the lot so the longest facade is parallel to
the frontage or private street.
Have either an attached or detached garage or carport.
Have a finished porch or deck for each exterior door.
Class B manufactured home shall:
Class C manufactured home. All other manufactured
homes not included in Class A or Class B above which shall have the
same exterior siding and roofing requirements, orientation, carport
or garage, and porch or deck for each exterior door, as specified
for Class A manufactured homes.
Manufactured/mobile home park. A parcel, or
contiguous parcels, or land which has been divided into two (2) or
more lots for rent and the placement of manufactured homes.
Manufactured/mobile home space. A plot of ground
within a manufactured/mobile home park which is designated for and
designed as the location for only one (1) manufactured home and not
used for any other purpose whatsoever, other than the customary accessory
use thereof.
Permit. A written authorization of the City
to allow location, establishment and/or maintenance of a manufactured/mobile
home park within the City limits.
A manufactured residential structure built to a nationally-recognized
and accepted construction standard published by the Building Officials
and Code Administrators International, Inc. (BOCA) or the International
Conference of Building Officials (ICBO) and the unit is inspected
and certified at the factory that it meets said standard. A modular
home shall have exterior structure materials and appearance similar
to the customary single-family structures in the neighborhood.
A building, or portion of a building, arranged, used or intended
to be used for making repairs to motor vehicles.
A building, structure or use of land which does not conform
to the regulations of the district or zone in which it is situated.
A district in which additional requirements act in conjunction
with the underlying zoning district of districts. The original zoning
district designation and requirements do not change.
All residential structures, including modular and manufactured homes not in a manufactured/mobile home park, shall be attached to a permanent foundation consisting of a concrete footing a minimum of eighteen (18) inches below ground and eighteen (18) inches in width, a concrete or concrete block foundation a minimum of eight (8) inches (or in the case of manufactured homes, four (4) inches) in width and of sufficient height to provide and permit access to a crawl space under the structure, the only exception to the crawl space requirement being a residential structure built on a concrete slab. Manufactured homes shall in addition be anchored to the ground in accordance with HUD specifications. (See Section 415.110)
Any individual, firm, trust, entity, partnership, public
or private association or corporation.
A map, plan or chart of the City indicating the subdivision
or resubdivision of land intended to be filed for record and showing
the location and boundaries of individual properties.
Plat, final. A finished drawing showing completely
and accurately all legal and engineering information and certification
necessary for recording, including the bill of assurance.
Plat, preliminary. A drawing which shows the
proposed layout of a subdivision in sufficient detail to indicate
unquestionably its workability in all aspects but is not in final
form for recording and the details are not completely computed.
Any words, numerals, figures, devices, designs or trademarks,
by which anything is made known, such as are used to designate an
individual, a firm, profession, business or commodity and which are
visible from any public street or air.
That portion of a building included between the surface of
any floor and the surface of the next floor above it or, if there
be no floor above it, then the space between such floor and ceiling
next above it. A top story attic is a half-story when the main line
of the eaves is not above the middle of the interior height of such
story. The first (1st) story is a half-story when between fifty percent
(50%) and seventy-five percent (75%) of the area of its exterior walls
are exposed to outside light and air entirely above grade and which
exterior walls contain windows or doors permitting the entrance of
daylight and outside air.
Any public or private right-of-way which affords the primary
means of access to abutting property.
All paved, unpaved and utility easements.
The legal line between street right-of-way and abutting property.
Anything constructed or erected which requires location on
the ground or attached to something having a location on the ground.
Any person, individual, firm, partnership, association, corporation,
estate or trust, or any other group, entity or combination acting
as a unit, dividing or proposing to divide land so as to constitute
a subdivision as herein defined and including any agent of the subdivider.
Any division of a lot, tract or parcel of land either by
platting or other means into two (2) or more lots or parcels for purpose
of transfer of ownership or development, including the combination
or recombination of two (2) or more previously platted lots.
All land lying within the corporate limits of the City of
Diamond.
The purposes for which land or a building is arranged, designed
or intended, or for which either land or a building is or may be occupied
or maintained.
A variation from a specific zoning requirement applied to
a specific piece of property, as distinct from rezoning.
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. In measuring a yard for the purpose of determining
the width or depth of yard, the least distance between the lot line
and the building shall be used.
[Ord. No. 227 §1(94.110(E)), 10-4-1999]
In interpreting and applying the provisions of this Chapter
the provisions shall be held to be the minimum requirement for the
promotion of the public safety, health, convenience, comfort, morals,
prosperity and general welfare. It is not the intent of this Chapter
to interfere with or abrogate or annul any easements, covenants or
other agreements between parties or any Statute, local ordinance or
regulation except that if this Chapter imposes a greater restriction
or high standard, this Chapter shall control.
