[CC 1978 §400.010; Ord. No. 766 §1, 12-4-1972]
This Chapter shall be known as and may be cited as the Zoning
Code of the City of Chaffee, Missouri.
[CC 1978 §400.020; Ord. No. 766 §2, 12-4-1972; Bill No. 87-19,
12-21-1987; Bill No. 95-25(400.020), 12-18-1995]
For the purpose of this Chapter, certain terms and words are
hereby defined. Words used in the present tense shall include the
future; the singular number shall include the plural and the plural
the singular; the word "building" shall include the
word "structure" and the word "shall" is mandatory and not directory.
A subordinate building, the use of which is incidental to
and customary in connection with the principal building or use and
which is located on the same lot with such principal building or use.
A subordinate use which is incidental to and customary in
connection with the principal building or use, and is located on the
same lot with such principal building or use.
A thoroughfare which affords only a secondary means of access
to abutting property.
See "DWELLING, MULTIPLE".
A story having part but not more than one-half (½)
its height below grade. A basement is counted as a story for the purpose
of height regulations if subdivided and used for dwelling purposes
other than by janitor employed on the premises.
A building, other than a hotel, where for compensation and
by pre-arrangement for definite periods, meals, or lodging and meals
are provided for five (5) or more persons, but not exceeding twenty
(20) persons.
Anything constructed, erected or placed (including a structure as defined in this Section 405.020) which is designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels, or property. The definition of "Building" shall include, but not be limited to, any portable or movable building, carport or shelter.
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.
A story having more than one-half (½) of its height
below the curb level or below the highest level of the adjoining ground.
A cellar shall not be counted as a story for purpose of height measurement.
An establishment where patients are not lodged overnight,
but are admitted for examination or treatment by a group of physicians
or dentists practicing medicine together.
A building or portion thereof or premises owned or operated
by a corporation, association, person or persons for a social, educational
or recreational purpose, but not primarily for profit or to render
a service which is customarily carried on as a business.
A section or sections of the City of Chaffee for which the
regulations governing the use of buildings and premises, the height
of buildings, the size of yards, and the intensity of use are uniform.
Any building or portion thereof which is designed and used
exclusively for residential purposes.
A building having accommodations for and occupied exclusively
by more than two (2) families.
A building having accommodations for and occupied by one
(1) family.
A building having accommodations for and occupied by two
(2) families.
One (1) or more persons occupying a premises and living as
a single housekeeping unit as distinguished from a group occupying
a boarding house, lodging house, or hotel as herein defined.
Any building or premises used for sale at retail of any motor
vehicle fuel or oils, or accessories, or for servicing or lubricating
motor vehicles, or installing or repairing parts and accessories,
but not including the repairing or replacement of motors, bodies or
fenders of motor vehicles, or painting motor vehicles, and excluding
public garages.
All the property on one (1) side of a street between two
(2) intersecting (crossing or terminating) streets measured along
the line of the street, or if the street is dead-ended, then all of
the property abutting on one (1) side between an intersecting street
and the dead end of the street.
An accessory building or part thereof designed or used for
the storage of not more than three (3) motor-driven vehicles.
A building or portion thereof, other than a private or storage
garage, designed or used for equipping, repairing, hiring, servicing,
selling, or storing motor-driven vehicles. The term "repairing" shall
not include an automotive body repair shop nor the rebuilding, dismantling
or storage of wrecked or junked vehicles.
A building or portion thereof designed or used exclusively
for housing more than three (3) motor-driven vehicles.
For buildings having walls adjoining one (1) street only,
the elevation of the sidewalk at the center of the wall adjoining
the street.
For buildings having walls adjoining more than one (1) street,
the average of the elevation of the sidewalk at the center of all
walls adjoining the streets.
For buildings having no wall adjoining the street, the average
level of the finished surface of the ground adjacent to the exterior
walls of the building.
Any wall approximately parallel to and not more than five (5)
feet from a street line is to be considered as adjoining the street.
Where no sidewalk exists, the grade shall be established by the City
Engineer.
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 occupation or activity which is clearly incidental and
secondary to the use of the premises for dwelling and which is carried
on wholly within a main building or accessory building by a member
of the family residing on the premises, provided that no person not
a resident on the premises is employed, no stock in trade is kept,
or commodities sold, no internal or external alterations or special
construction of the premises are involved, no equipment shall be used
which creates offensive noise, vibration, sound, smoke, dust, odors,
heat, glare, X-ray or electrical disturbance to radio or television
instruments, no generation of substantial volumes of vehicular or
pedestrian traffic or parking demand is created, and in connection
with which there is no advertising sign displayed other than a name
plate not exceeding one (1) square foot in area, and there is no other
exterior indication that the building is being used for any purpose
other than a dwelling. When within the above requirements, a home
occupation includes, but is not limited to, the following:
Art studio;
Baby sitting, limited to two (2) children at one time;
Dressmaking;
Millinery;
Office of a physician or dentist for consultation or emergency
treatment, but not for general professional practice;
Professional office of an attorney at law, a real estate agent,
insurance agent, or similar occupation;
Teaching, limited to not more than two (2) pupils at one time.
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A home occupation shall not be interpreted to include barbershops,
beauty shops, auto repairing, antique shops, sign painting, restaurants,
plumbing and electrical appliance shops, or any other light manufacturing
or assembling operations.
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A building used as abiding place of more than twenty (20)
persons who are for compensation lodged with or without meals.
A building occupied by a non-profit corporation or a non-profit
establishment for public use.
A space on the lot accessible to an alley or street, not
less than ten (10) feet in width, twenty (20) feet in depth and ten
(10) feet in height.
A building or place where lodging is provided (or which is
equipped regularly to provide lodging) by pre-arrangement for definite
periods, for compensation, for five (5) or more persons in contradistinction
to hotels open to transients.
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 this Chapter, and having its principal frontage upon a street or
upon an officially approved place.
A lot abutting upon two (2) or more streets at their intersection.
The mean horizontal distance between the front and rear lot
lines.
A lot having a frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
A lot other than a corner lot.
A lot which is a part of a subdivision; the map of which
was recorded in the office of the Recorder of Scott County, Missouri;
or a parcel of land, the deed to which was recorded in the office
of the Recorder of Scott County, Missouri, prior to the adoption of
this Chapter.
A factory-built structure or structures which, in the traveling
mode, is eight (8) body feet or more in width or forty (40) body feet
or more in length or, when erected on site, contains three hundred
twenty (320) or more square feet, equipped with the necessary service
connections and made so as to be readily movable as a unit or units
on its or their own running gear and designed to be used as a dwelling
unit or units with or without a permanent foundation. The phrase "without
a permanent foundation" indicates that the support system is constructed
with the intent that the manufactured home placed thereon may be moved
from time to time at the convenience of the owner.
Any area, piece, parcel, tract or plot of land used or intended
to be used, let or rented for occupancy by two (2) or more mobile
homes or trailers, regardless of whether the mobile homes or trailers
are owned or non-owned by the owner of the land. This definition shall
also be defined to include trailer parks.
A transportable building 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 residential, commercial, educational
or industrial purposes. This definition shall not apply to structures
under six hundred fifty (650) square feet used temporarily and exclusively
for construction site office purposes.
A building or group of buildings on the same lot, usually
around a court, containing sleeping accommodations and providing one
(1) parking space for each guest room on the premises.
Any building or land lawfully occupied by a use at the time
of passage of this Chapter, or amendment thereto, which does not conform
after the passage of this Chapter or amendment thereto with the use
regulations of the district in which it is situated.
A home for the aged or infirm in which three (3) or more
persons not of the immediate family are received, kept, or provided
with food and shelter or care for compensation, but not including
hospitals, clinics or similar institutions devoted primarily to the
diagnosis and treatment of the sick or injured.
A place where business or services for others is transacted,
and not a place where chattels or goods, wares, or merchandise are
commonly created, exchanged or sold.
An open, unoccupied space used or required for parking of
motor vehicles exclusively and in which no gasoline or vehicular accessories
are sold or no other business is conducted and no fees are charged.
Parking lot: An open surfaced area used exclusively
for the temporary storage of motor vehicles and within which motor
fuels and oils may be sold and fees charged, but no vehicles are to
be equipped, repaired, rented or sold.
Parking space: An all-weather surfaced area
not in a street or alley and 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) motor vehicle and connected with
a street or alley by an all-weather surfaced driveway which affords
ingress and egress for a motor vehicle without requiring another motor
vehicle to be moved.
An open unoccupied space other than a street or alley permanently
reserved as the principal means of access to abutting property.
A roofed structure attached to a building and open on two
(2) or more sides. A screened-in porch shall not be considered open.
A vehicular type unit primarily designed to provide temporary
living quarters for recreational, camping or travel use, that either
has its own motive power, or is mounted on or towed by another vehicle.
See "LODGING HOUSE".
That portion of a building, other than a cellar, included
between the surface of any floor and the surface of the floor next
above it or, if there be no floor above it, then the space between
the floor and the ceiling next above it.
A space under a sloping roof which has the line of intersection
of roof decking and wall face not more than three (3) feet above the
top floor level, and in which space not more than sixty percent (60%)
of the floor area is finished off for use.
All property dedicated or intended for public or private
street, highway, freeway, or roadway purposes or subject to public
or private easement therefor.
A dividing line between a lot, tract, or parcel of land and
a contiguous street.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders, or any
complete rebuilding of the roof or the exterior walls.
Anything constructed or erected, the use of which requires
permanent location on the ground or attached to something having a
permanent location on the ground including, but without limiting,
the generality of the foregoing, advertising signs, billboards, backstops
for tennis courts and pergolas, except fences or walls used as fences.
[1]An area intended primarily to provide spaces where two (2)
or more tents or auto trailers can be parked.
Any factory-built enclosure, structure or structures used
for living, sleeping, business or storage purposes, equipped with
the necessary service connections and made so as to be readily movable
as a unit or units on its or their own running gear and designed to
be used with or without a permanent foundation. The phrase "without
a permanent foundation" indicates that the support system is constructed
with the intent that the trailer placed thereon may be moved from
time to time at the convenience of the owner. The term "trailer" shall include a camp car, house car, mobile home, manufactured home
and modular unit.
An open space on the same lot with a building, 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.
A yard extending across the front of a lot between the side
lot lines, and being the minimum horizontal distance between the street
line and the main building or any projections thereof other than the
projection of the usual steps, unenclosed balconies, or open porches.
A yard extending across the rear of a lot, measured between
the side lot lines, and being the minimum horizontal distance between
the rear lot line and the rear of the main building or any projections
other than steps, unenclosed balconies or unenclosed porches. On corner
lots the front line of the rear yard shall be considered as parallel
to the street upon which the lot has its least dimension. On both
corner lot and interior lots, the rear yard shall in all cases be
at the opposite end of the lot from the front yard.
A yard between the main building and the side line of the
lot, and extending from the front yard line to the rear yard line.
[1]
Cross Reference — Also see definition of "building".
[CC 1978 §400.030; Ord. No. 766 §3, 12-4-1972; Bill No. 87-19,
12-21-1979]
A.
In
order to classify, regulate, and restrict the location of trades,
residences and the locations of buildings designed for specified uses,
to regulate and limit the height and bulk of buildings hereafter erected
or structurally altered, to regulate and limit the intensity of the
use of the lot areas, and to regulate and determine the areas of yards
and other open spaces within and surrounding such buildings, the City
of Chaffee, Missouri, is hereby divided into districts, of which there
shall be eight (8) in number. Known as:
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"R-1"
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Single-Family Dwelling District
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"R-2"
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Multi-Family Dwelling District
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"C-1"
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Light Commercial District
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"C-2"
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Heavy Commercial District
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"M-1"
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Light Industrial District
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"M-2"
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Heavy Industrial District
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"A"
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Agricultural District
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"S"
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Planned Commercial District
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B.
The
boundaries of the districts are shown upon the map designated as the
"District Map". The District Map and all the notations, references
and other information shown thereon are a part of this Chapter and
have the same force and effect as if the District Map and all the
notations, references and other information shown thereon were all
fully set forth or described herein, the original of which District
Map is properly attested and is on file with the City Clerk of the
City of Chaffee, Missouri.
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The following area is hereby specifically designated as "R-1"
Single-Family Dwelling District. Said area being:
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All that area lying east of Frisco Street and its extension
when extended in a southerly direction to the south boundary line
of the City limits of the City of Chaffee.
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C.
Whenever
any street, alley or other public way is vacated by official action
of the City Council of the City of Chaffee, the zoning district adjoining
each side of such street, alley or public way shall be automatically
extended to the center of such vacation, and all area included in
the vacation shall then and henceforth be subject to all appropriate
regulations of the extended districts.
D.
All territory which may hereafter be annexed to the City of Chaffee shall automatically be classified as an "R-1" Single-Family District until otherwise changed by ordinance as provided in Section 405.700.
E.
Where
uncertainty exists with respect to the boundaries of the various districts
as shown on the map accompanying and made a part of this Chapter,
the following rules apply:
1.
The district boundaries are either streets or alleys unless otherwise
shown, and where the districts designated on the map accompanying
and made a part of this Chapter are bounded approximately by street
or alley lines, the centerline of such street or alley shall be construed
to be the boundary of the district.
2.
Where the district boundaries are not otherwise indicated, and where
the property has been or may hereafter be divided into blocks and
lots, the district boundaries shall be construed to be the lot lines,
and where the districts designated on the map accompanying and made
a part of this Chapter are bounded approximately by lot lines, said
lot lines shall be construed to be the boundary of the districts,
unless the boundaries are otherwise indicated on the map.
3.
In unsubdivided property, the district boundary lines on the map
accompanying and made a part of this Chapter shall be determined by
use of the scale appearing on the map.
[CC 1978 §400.040; Ord. No. 766 §4, 12-4-1972]
A.
Except
as hereinafter provided, no building shall be erected, converted,
enlarged, reconstructed or structurally altered, nor shall any building
or land be used except for a purpose permitted in the district in
which the building or land is located.
1.
No building shall be erected, converted, enlarged, reconstructed
or structurally altered to exceed the height limit herein established
for the district in which the building is located.
2.
No building shall be erected, converted, enlarged, reconstructed
or structurally altered except in conformity with the area regulations
of the district in which the building is located.
3.
The yard regulations and the density of population provisions required
by this Chapter are minimum regulations for each and every building
existing at the effective date of this Chapter and for any building
hereafter erected or structurally altered. No land required for yards
or other open spaces about an existing building or any building hereafter
erected or structurally altered shall be considered a yard or lot
area for more than one (1) building.
5.
No building shall be erected or structurally altered to the extent
specifically provided hereinafter except in conformity with the off-street
parking and loading regulations of this Chapter.
6.
No land shall be used except for a purpose permitted in the district
in which it is located.
[CC 1978 §400.050; Ord. No. 766 §5, 12-4-1972]
For the purposes of this Chapter, the "R-1" District is considered the most restricted district, and the "M-2" District is considered the least restricted district. The range of restrictiveness follows the order of districts as set out in Section 405.030 hereof.
