[R.O. 2009 § 410.020; Ord. No. 782 § 1 (Zoning Regs. Art. 1 § 1), 7-31-1980]
A.Â
For the purpose of these zoning regulations,
the following rules shall apply:
1.Â
Words and numbers used singularly
shall include the plural and the plural shall be singular. Words used
in the present tense shall include the future.
2.Â
The word "persons" includes a corporation,
members of a partnership or other business organization, a committee,
board, trustee, receiver, agent or other representative.
3.Â
The word "shall" is mandatory.
4.Â
The word "use," "used," "occupy"
or "occupied" as applied to any land or building shall be construed
to include the words "intended," "arranged" or "designed" to be used
or occupied.
[R.O. 2009 § 410.030; Ord. No. 782 § 1 (Zoning Regs. Art. 1 § 2), 7-31-1980; Ord. No. 2641, 8-10-2006; Ord. No.
2859 § I, 5-14-2009; Ord. No. 2860 § I, 5-14-2009; Ord. No. 2997 § I, 7-14-2011]
For the purposes of these zoning
regulations, certain terms or words used herein shall be interpreted
or defined as follows, unless the context clearly indicates otherwise.
A subordinate structure or use, which customarily is incidental
to that of the main building or use of the premises. Customary accessory
structures include, but are not limited to, tennis courts, swimming
pools, garages, air conditioners, garden houses, children's playhouses,
barbecue ovens and fireplaces.
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still or motion picture machines, projectors,
televisions, or other image-producing devices are maintained to show
images to five (5) or fewer persons per machine at any one time, and
where the images so displayed are distinguished or characterized by
the depicting or describing of specified sexual activities or specified
anatomical areas.
A commercial establishment that, as one (1) of its principal
business purposes, offers for sale or rental for any form of consideration
any one (1) or more of the following:
Books, magazines, periodicals or
other printed matter, or photographs, films, motion picture, video
recordings or video reproductions in any medium, slides, or other
visual representations that depict or describe "specified sexual activities"
or "specified anatomical areas"; or
Instruments, devices or paraphernalia
that are designed for use in connection with specified sexual activities.
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A commercial establishment may have
other principal business purposes that do not involve the offering
for sale or rental of material depicting or describing "specified
sexual activities" or "specified anatomical areas" and still be categorized
as "adult bookstore" so long as one (1) of its principal business
purposes is the offering for sale or rental for consideration the
specified materials that depict or describe "specified sexual activities"
or "specified anatomical areas." A principal business purpose need
not be a primary use of an establishment so long as it is a significant
use based upon the visible inventory or commercial activity of the
establishment.
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A nightclub, bar, restaurant or similar commercial establishment
that regularly features:
Persons who appear in a state of
nudity or seminudity;
Live performances that are characterized
by the exposure of "specified sexual activities" or by "specified
anatomical areas";
Films, motion pictures, video recordings,
slides, or other photographic or videos in any medium that are characterized
by the depiction or description of "specified sexual activities" or
"specified anatomical areas"; or
Persons who engage in erotic dancing
or performances that are intended for the sexual interests or titillation
of an audience or customers.
A hotel, motel or similar establishment that:
Offers accommodation to the public
for any form of consideration and provides patrons with closed circuit
television transmissions, films, motion pictures, videos in any medium,
slides, or other photographic reproductions that are characterized
by the depiction or description of "specified sexual activities" or
"specified anatomical areas"; and has a sign visible from the public
right-of-way that advertises the availability of this adult type of
photographic reproduction;
Offers a sleeping room for rent for
a period of time that is less than twenty-four (24) hours; or
Allows a tenant or occupant of a
sleeping room to subrent the room for a period of time that is less
than twenty-four (24) hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, videos in any medium, slides or other photographic
reproductions are regularly shown that are characterized by the depiction
or description of "specified sexual activities" or "specified anatomical
areas."
A theater, concert hall, auditorium, or similar commercial
establishment that regularly features persons who appear, in person,
in a state of nudity or seminudity, or live performances that are
characterized by the exposure of "specified anatomical areas" or by
"specified sexual activities."
A public or private right-of-way which affords only a secondary
means of access to abutting property.
An establishment where a doctor of veterinary medicine admits
animals principally for examination, treatment, board or care. (This
does not include open kennels or runs.)
See "dwelling, multiple."
[1]That portion of a building having more than one-half (1/2)
of its height below grade.
An owner-occupied building, other than a hotel and other
than a boardinghouse or lodging house, where, by prearrangements for
definitive periods, meals or lodging and meals are provided for compensation
and for no more than six (6) persons and where cooking facilities
for guests are not provided.
A piece or parcel of land entirely surrounded by public highway,
streets, streams, railroad rights-of-way or parks, etc., or a combination
thereof.
That Board which has been created by the Governing Body having
jurisdiction and which has the statutory authority to hear and determine
appeals, exceptions and variances to the zoning regulations.
A building other than a hotel where, for compensation and
by pre-arrangement for definite periods, meals or lodging and meals
are provided for three (3) or more persons, but not to exceed ten
(10) persons. Individual cooking facilities are not provided.
Any structure designed or intended for the enclosure, shelter
or protection of persons, animals or property.
The vertical dimension measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of ceiling of the top story in the case of a flat roof; to the
deck line of a mansard roof; and to the average height between the
plate and ridge of a gable, hip or gambrel roof.
[2]An area of land or water or combination thereof planned for
passive or active recreation, but does not include areas utilized
for streets, alleys, driveways or private roads, off-street parking
or loading areas. However, the area of recreational activities, such
as swimming pools, tennis courts, shuffleboard courts, etc., may be
included as common open space.
Real estate, portions of which are designated for separate
ownership. The owners of the portions designate the remainder of the
real estate for common ownership. Real estate is not a condominium
unless the undivided interests in the common elements are vested in
the unit owners.
A street having one end open to traffic and being permanently
terminated by a vehicular turnaround.
A dwelling in which more than eight (8) unrelated mentally
or physically handicapped or otherwise mentally or physically impaired
persons reside with house parents, guardians, or caregivers or a dwelling
in which less than eight (8) unrelated mentally or physically handicapped
or otherwise mentally or physically impaired persons reside with more
than two (2) house parents, guardians, or caregivers, or a dwelling
for the purpose of supplying temporary shelter and support for over
sixteen (16) victims of domestic violence, including support staff.
[3]
[Ord. No. 3467, 8-14-2018]
Care of a child away from his/her own home for any part of
the twenty-four (24) hour day, for compensation or otherwise. Day
care may be given in a day-care home or a day-care center.
A facility, other than 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, as defined
in regulations issued by the State of Missouri.
A day-care home or a day-care center, whether known or under
another title or name.
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. To qualify as a day-care home, such home
must have a valid license as a day-care home issued by the State of
Missouri, if required by law.
The location of streets, alignment of streets, grades and
widths of streets, alignment of easement, grades and widths of easements,
alignment and rights-of-way for drainage and sanitary sewers and the
designation minimum lot area, width and length.
A section or sections of the zoning area for which these
regulations governing the use of land, the height of buildings, the
size of yards and the intensity of use are uniform.
All animals of the canine species, both male and female.
A lot where the front and rear yards abut separate streets.
Any building or portion thereof, except mobile homes, manufactured
homes or modular homes for purposes of use regulations, which is designed
and used exclusively for residential purposes.
A building having accommodations for and occupied by more
than two (2) families independently.
A building having accommodations for and occupied exclusively
by one (1) family. Group homes as defined herein shall be eleemosynary
or not-for-profit in nature.
A building having accommodations for and occupied by two
(2) families independently.
A grant by the property owner to the public, a corporation
or persons, of the use of a strip of land for specific purposes.
Either the City or County Engineer depending upon the area
of government jurisdiction.
One (1) or more persons related by blood, marriage or adoption,
living together as a single housekeeping unit; or a group of not more
than four (4) unrelated persons living together as a single housekeeping
unit; plus, in either case, usual domestic servants. A family shall
under no circumstances be construed as a boardinghouse, fraternity
or sorority house, club, lodging house, hotel or motel.
A plan or map prepared in accordance with the provisions
of this regulation and those of any other applicable local regulation,
which plat is prepared to be placed on record in the office of the
Register of Deeds of the County in which any part of the subdivision
is located.
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior face of exterior walls or
from the centerline of a wall separating two (2) buildings, but not
including interior parking spaces, loading space for motor vehicles
or any space where the floor-to-ceiling height is less than six (6)
feet.
The total of all floor areas of a building, excluding stairwells
and elevators shafts, equipment rooms, interior vehicular parking
or loading, storage areas and all floors below the first or ground
floor, except when used or intended to be used for human habitation
or service to the public.
The maximum percentage of allowable floor area of a building
or complex (including both principal and accessory buildings) computed
by dividing the floor area of said complex or buildings by the area
of the building site.
A residence or building occupied on a full-time basis by
no more than four (4) children, two (2) or more of which are unrelated
to the foster parent. Foster homes shall be permitted in all residential
structures, the same as would a family.
The length of the property abutting on one (1) side of a
street measured along the dividing line between the property and the
street right-of-way.
[Ord. No. 3759, 8-9-2022]
An accessory building designed or used for the storage of
not more than four (4) motor-driven vehicles owned and used by the
occupants of the building to which it is accessory.
A building or portion thereof, other than a private garage,
designed or used for equipping, repairing, hiring, servicing, selling
or storing motor-driven vehicles.
The elected governing body having jurisdiction.
For buildings having walls facing
one (1) street only, the elevation of the sidewall at the center of
the wall facing the street shall be the grade.
For buildings having walls facing more than one (1) street, the grade shall be the average of the grades [as defined in Subsection (1) above] of all walls facing each street.
For buildings having no wall facing
a street, the average level of the finished surface of the ground
adjacent to the exterior walls of the building shall be the grade.
Any wall approximately parallel to
and not more than five (5) feet from a street line is considered as
facing the street.
Any home in which eight (8) or fewer unrelated mentally or
physically handicapped persons 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, or a dwelling for the purpose of supplying
temporary shelter and support for victims of domestic violence not
to exceed a total number of sixteen (16) residents, including support
staff, at a time.
[Ord. No. 3467, 8-14-2018]
A building or portion thereof or a group of buildings used
as a transient abiding place which may or may not serve meals and
whether such establishments are designated as a hotel, inn, automobile
court, motel, motor inn, motor lodge, motor court, tourist cabin,
tourist court or other similar designation.
Street work and utilities that are to be installed, or agreed
to be installed, by the subdivider on the land to be used for public
or private use of the lot owners in the subdivision and local neighborhood
traffic and drainage needs, as a condition precedent to the approval
and acceptance of the final map or filing of the record of the survey
map thereof.
A building occupied by a non-profit corporation or a non-profit
establishment for public use.
Any place, area, building or structure where dogs and/or
cats [including those under six (6) months of age] are boarded, housed,
cared for, fed or trained by other than the owner of such dog(s) and/or
cat(s).
Any place, area, building or structure where more than four
(4) dogs or cats over the age of six (6) months of age are boarded,
housed, cared for, fed or trained.
[4]See "boardinghouse or lodging house."
A portion of land in a subdivision or other parcel of land
intended as a unit for transfer of ownership or for development.
A lot abutting upon two (2) or more streets at their intersection.
The mean horizontal distance between the front and the rear
lot lines.
A lot having a frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
The front of a lot shall be that narrowest dimension abutting
a street right-of-way. On corner lots, which have two (2) equal sides,
which abut on a street right-of-way, either side may be considered
the front of the lot.
A lot which is a part of a subdivision, the plat of which
has been recorded in the office of the Register of Deeds or a lot
described by metes and bounds, the description of which has been recorded
in the office of the Register of Deeds prior to the adoption of these
regulations.
The rear of a lot shall be that side opposite the front of
the lot.
A parcel or tract of land used, developed or built upon as
a unit under single ownership or control. Said parcel or tract may
consist of one (1) or more lots of record, one (1) or more portions
of a lot or lots of record or any combination thereof.
A street, highway or roadway designated as such on the official
Major Street Plan.
A factory-built structure which bears the Seal of the State
of Missouri Public Service Commission, U.S. Department of Housing
and Urban Development or its agent and 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 as so to be readily moveable as a unit on its own running
gear and designed to be used as a dwelling unit with or without a
permanent foundation.
[5]Any building designed for use by one (1) or more persons
lawfully engaged in the diagnosis, care and treatment of physical
or mental diseases or ailments of human beings, including, but not
limited to, doctors of medicine, dentists, chiropractors, osteopaths,
optometrists, podiatrists, and in which no patients are lodged overnight,
but which may include an apothecary.
A transportable factory-built home designed to be used for
year-round residential occupancy and built prior to the enactment
of the Federal Manufactured Housing Construction and Safety Standards
Act of 1974 which became effective June 16, 1976.
A factory-built transportable structure which does not have
its own running gear and bears the Seal of the State of Missouri Public
Service Commission or is built to the BOCA Basic Building Code as
adopted by the City of Bolivar and is designed to be used for residential
occupancy.
A factory-built transportable structure which does not have
its own running gear and bears the Seal of the State of Missouri Public
Service Commission or is built to the BOCA Basis Building Code as
adopted by the City of Bolivar and is designed to meet a temporary
commercial need that cannot be met due to construction time for permanent
structures.
A structure which does not comply with the lot size requirements
or bulk regulations applicable to new structures in the zoning district
in which it is located.
An existing use of a structure or land which does not conform
with the regulations of the district in which it is situated as established
by this regulation or any amendments hereto.
An institution or agency licensed by the State for the reception,
board, care or treatment of three (3) or more unrelated individuals,
but not including facilities for the care and treatment of mental
illness, alcoholism or narcotics addiction.
An area surfaced for all-weather use including hot mix asphalt,
concrete, brick pavers or comparable material approved by the Traffic
Engineer for the storing of one (1) parked automobile. For the purpose
of these regulations, one (1) parking space shall have a minimum width
of nine (9) feet and a minimum length of twenty (20) feet. In computing
off-street parking, additional space shall be required for access
drives for each parking space.
A right-of-way dedicated to the public use which cuts across
a block to facilitate pedestrian access to adjacent streets and properties.
That area on a map prepared and maintained for or by the
Planning Commission describing the planning area limits.
The Planning Commission having jurisdiction.
A map made showing the design of a proposed subdivision and
the existing conditions in and around it; this map need not be based
on accurate or a detailed final survey of the property.
A non-profit association of persons who are bona fide members
paying annual dues, which owns, hires or leases a building or premises
or portion thereof, the use of such building or premises being restricted
to members and their guests. The affairs and management of such private
club are conducted by a board of directors, executive committee or
similar body chosen by the members at their annual meeting. It shall
be permissible to serve food and meals on such premises, provided
adequate dining room space and kitchen facilities are available. The
sale of alcoholic beverages to members and their guests shall be allowed,
provided it is secondary and incidental to the promotion of some other
common objective by the organization, and further provided that such
sale of alcoholic beverages is in compliance with the applicable Federal,
State and municipal laws.
Any building or part thereof used by one (1) or more persons
engaged in the practice of law, accounting, architecture, engineering
or other occupation customarily considered as a profession.
Any business which furnishes the general public:
[Ord. No.
3543, 7-9-2019]
A vehicular-type unit built on or for use on a chassis and
designed primarily as living quarters for recreational, camping, vacation
or travel use and which has its own motive power or is mounted or
drawn by another vehicle and which has a body width not exceeding
eight (8) feet and a body length not exceeding forty (40) feet. Mobile
homes and modular homes shall not be considered recreational vehicles.
A public eating establishment at which the primary function
is the preparation and serving of food.
Secretary of the Planning Commission.
Consists of a building or group of building and surfaced
area where automotive vehicles may be refueled and serviced; self-service
pumps without buildings shall also be included. Such services shall
include tire recapping, body repairs or major overhaul.
A line on a plat generally parallel to the street right-of-way,
indicating the limit beyond which buildings or structures may not
be erected or altered, except as otherwise provided in the Zoning
Regulations.
The rental of a non-owner occupied property, a dwelling unit,
or portion thereof for a period of less than sixty (60) consecutive
days.
[Ord. No. 3744, 6-7-2022]
A triangular area at the intersection of two (2) streets
in which no obstructions to vision shall be allowed. A sight triangle
within the City, unless regulated by the Missouri Department of Transportation,
is a triangle created by measuring fifty (50) feet from the center
of the intersection of two (2) local streets, sixty (60) feet from
the center of the intersection of two (2) streets, one (1) or both
of which are collector streets and seventy (70) feet from the center
of the intersection of two (2) streets, one (1) or both of which are
arterial streets. The measurement shall proceed along the centerline
of each intersection street, thereby creating two (2) sides of the
triangle. The third side shall be created by drawing a line between
the furthest points of each of the first two (2) lines. No object
shall be permitted to be placed, either permanently or temporarily,
within a sight triangle that interferes with or obscures the ability
of the operator of a motor vehicle that is partially or wholly within
the sight triangle to clearly see another vehicle that is partially
or wholly within the sight triangle, where both vehicles are approaching
the intersection in a perpendicular manner. An object shall conclusively
be deemed to be an obstruction to vision if it extends more than two
and one-half (2.5) feet above the curb height or the edge of the pavement
where there is no curb within the sight triangle. An object that is
ten (10) feet or more above the curb height or the edge of the pavement
where there is no curb within the sight triangle shall be permitted
so long as the poles or other structures supporting the object do
not themselves constitute an obstruction to vision. An object is any
tangible item and includes, by way of example but not of limitation,
natural objects such as trees, bushes, plants or grass; signs; motor
vehicles; and fences. This definition shall not prevent the construction
or maintenance of buildings within the sight triangle as herein defined
in those zoning districts that permit construction within the sight
triangle.
Any device which shall display or include any letter, word,
model, banner, flag, pennant, insignia, device or representation used
as or which is in the nature of an advertisement or announcement which
directs attention to an object, product, place, activity, person,
institution, organization or business, but shall not include any display
of official notice or official flag.
A written permit issued by the Zoning Administrator with
the written authorization of the Board of Adjustment. This special
use permit provides permission under special conditions to grant an
exception when the condition of this exception, as established by
these regulations, is present.
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
the floor and the ceiling next above it.
A right-of-way, dedicated to the public use, which provides
principal vehicular and pedestrian access to adjacent properties.
[Ord. No. 3645, 1-26-2021
A dividing line between a lot, tract or parcel of land and
the contiguous street.
The following specific street definitions will apply to particular
streets meeting the definitions below:
[Ord. No. 3645, 1-26-2021]
EXPRESSWAYA street that provides fast and efficient movement of large volumes of traffic between areas and does not provide a land service function.
MAJOR ARTERIAL STREETA street intended to provide for high-volume, moderate-speed traffic movement through the community and between major activity centers. Access to abutting property is subordinate to the flow of traffic, and entrances and exits to the arterial are subject to control.
MINOR ARTERIAL STREETA street primarily intended to collect and distribute traffic between major arterial streets and collector streets and/or to provide traffic relief to major arterial streets by use of parallel or similar route. Intended for low-to-moderate-volume, low-speed and short-length trips while also providing access to abutting properties.
COLLECTOR STREETA street which collects and distributes traffic between arterial streets and local streets and is primarily intended to provide for low-to-moderate-volume, low-speed, and short-length trips while also providing access to abutting properties.
LOCAL STREETA street primarily providing direct access to abutting properties and designed to accommodate low-volume, low-speed traffic.
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. For the purpose of this
regulation, the following shall not be considered a structural alteration:
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, but not including fences or public
items such as utility poles, street light fixtures and street signs.
A person, firm, corporation, partnership or association who
causes land to be divided into a subdivision for himself/herself or
for others.
The division of a tract of land into two (2) or more lots
or parcels for the purpose of transfer of ownership or building development.
An establishment in which the primary function is the public
sale and serving of alcoholic beverages for consumption on the premises,
including establishments commonly known as "key clubs," which are
open and in which alcoholic beverages are served only to members and
their guests.
Any facility which is certified by the State of Missouri
Division of Alcohol and Drug Abuse of the Department of Mental Health
for such treatment.
A space on the same lot with a main building, open, unoccupied
and unobstructed by buildings or structures from the ground upward.
A yard extending across the full width of the lot, the depth
of which is the least distance between the street right-of-way and
the building setback line.
A yard extending across the full width of the lot, the depth
of which is the least distance between the rear lot line and the rear
setback line.
A yard extending from the front yard, or front lot line where
no front yard is required, to the rear yard. The width of the side
yard shall be measured horizontally between the side lot line and
the furthest architectural projection of the structure.
A section of the zoning area for which uniform regulations
governing the use, height, area, size and intensity of use of buildings,
land and open spaces about buildings are herein established.
The person or persons authorized and empowered by the Governing
Body having jurisdiction to administer the requirements of these zoning
regulations.
The area to be zoned as set out on the official Zoning Map
filed of record.
The term "zoning regulations" or "this or these regulations"
shall mean the requirements stipulated in the regulations herewith
attached.
[1]
Editor's Note: The former definition of "arterial street,"
which immediately followed this definition, was repealed by Ord. No. 3645, 1-26-2021.
[2]
Editor's Note: The former definition of "collector street," which immediately followed this definition, was repealed by Ord. No. 3645, 1-26-2021.
[3]
Cross Reference: See definition of "group
home."
[4]
Editor's Note: The former definitions of "local street" and
"local residential street," which immediately followed this definition,
were repealed by Ord. No. 3645, 1-26-2021.
[5]
Editor's Note: The former definition of "marginal access streets
or frontage roads," which immediately followed this definition, was
repealed by Ord. No. 3645, 1-26-2021.
[R.O. 2009 § 410.040; Ord. No. 782 § 1 (Zoning Regs. Art. 1 § 3), 7-31-1980]
Words and terms not herein defined
shall be their ordinary meaning in relation to the context.
