[R.O. 2017 § 400.100; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
The following general rules shall apply
in interpreting the meaning of this Chapter:
1.
Words used in the present tense shall
also include the future tense.
2.
Words used in the singular number
shall also include the plural and vice versa.
3.
The word "shall" is mandatory and
not discretionary.
4.
The word "may" is permissive.
5.
The words "used" or "occupied" shall
be construed to include "intended, designed or arranged to be used
or occupied."
6.
The word "person" includes individuals,
firms, corporations, associations, governmental bodies and agencies
and any other similar entities.
7.
Unless otherwise specified, all distance
shall be measured horizontally.
8.
Where reference is made to the regulations,
it shall be construed to mean the regulations as originally passed
in this Chapter and all subsequent amendments, supplements and revisions.
[R.O. 2017 § 400.110; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
Unless otherwise expressly stated,
the following terms shall have the meaning herein indicated. Where
words have not been defined, the standard dictionary definition shall
prevail.
A separate complete dwelling unit substantially contained
within the structure of a single-family detached dwelling.
A structure which:
A use which:
Except as otherwise specifically provided, primary responsibility
for administering and enforcing the Battlefield Zoning Regulations
may be assigned by the Board of Aldermen to one (1) or more individuals
in the employ of the City. The person or persons to whom these functions
are assigned shall be referred to as "Administrative Official."
Any establishment which features live or recreated entertainment
or offer for sale or rental, for any form of consideration, visual
representations, instruments, devices or paraphernalia distinguished
or characterized by an emphasis in matter depicting, describing or
relating to sexual activities or anatomical areas.
The production, keeping or maintenance, sale, lease or personal
use of plants and animals, including, but not limited to: forages
and sod crops; grain and seed crops; dairy animals and dairy products;
poultry and poultry products; livestock, including beef cattle, sheep,
swine, horses, ponies, mules and goats or any hybrids thereof, including
the breeding and grazing of any or all kinds of such animals; bees
and apiary products; fur animals; trees for forest products; fruits
of all kinds; vegetables; nursery, floral, ornamental and greenhouse
products; or land devoted to soil conservation or forestry management,
but excluding feed lots, stockyards and animal slaughterhouses.
A physical change to one (1) or more of the exterior features
of a structure which includes, but is not limited to, the erection,
construction, reconstruction or removal of any feature of the structure.
Any change in a supporting member of a building.
Any livestock or other domesticated animal raised for commercial
or agricultural purposes.
Any animal normally and customarily kept by domestic households
for pleasure and companionship, excluding poultry, cows, livestock,
chinchillas, horses, goats, sheep, monkeys, pigs and other similar
animals and fowl.
Any feline other than domestic house cat, non-human primate,
bear, wolf, coyote, fox, venomous reptile or any other animals or
crossbreed of such animals which have similar characteristics or are
dangerous or unsafe for contact with humans.
A developer or any individual submitting an application for
an amendment, permit, variance or appeal as required by this Chapter.
That enclosed part of a building having at least two (2)
feet of its height below the average grade of the adjoining ground.
A family home, occupied as a permanent dwelling by the proprietor,
in which lodging and meals are provided for time-limited durations
to not more than five (5) groups of patrons in a twenty-four-hour
period.
A mound of earth typically located in a buffer yard to block
noise, lights or other nuisances.
The appellate body appointed by the Battlefield Board of
Aldermen to assist in the administration of this Chapter pursuant
to Sections 89.010 through 89.170, RSMo.
A building, other than a hotel or apartment hotel, where,
for compensation and by prearrangement for definite periods, lodging,
meals or lodging and meals are provided for three (3) or more persons
but not exceeding twenty (20) persons.
A land area containing trees, shrubs and other plants, berms,
fences or walls used to separate one use from another or to block
noise, lights or other nuisances.
Any structure having a roof supported by columns or walls
for the shelter or enclosure of persons or property.
The horizontal area measured within the exterior walls of
the ground floor of all principal and accessory buildings on a lot
divided by the gross area of the lot.
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 building in which the primary use of the lot is conducted.
The storage of chemicals, petroleum products and other materials
in aboveground containers for subsequent resale to distributors or
retail dealers or outlets.
A permanent building primarily and regularly used as a place
of religious worship.
[Ord. No. 20-01, 2-18-2020]
The City of Battlefield.
An establishment where human patients are admitted for examination
and/or treatment by one (1) or more physicians, dentists, psychologists
or social workers and where patients are not lodged overnight.
The Battlefield, Missouri, Planning and Zoning Commission.
Land within or related to a development, not individually
owned or dedicated for public use, which is designed and intended
for the common use or enjoyment of the residents of the development.
It may include complementary structures and improvements.
The Battlefield Comprehensive Plan which is a comprehensive,
long-range plan intended to guide the growth and development of the
City.
A permit issued by the Board of Aldermen that authorizes
the recipient to make use of property in accordance with the requirements
of this Chapter as well as any additional requirements imposed by
the Board of Aldermen.
A building, group of buildings or property in which units
are owned individually and the common elements are owned by all the
owners on a proportional, undivided basis.
A development approach in which building lots may be reduced
in size and buildings sited closer together, usually in groups or
clusters, provided that the total development density does not exceed
that which could be constructed on the site under conventional zoning
and subdivision regulations. The additional land that remains undeveloped
is devoted to prescribed common or public uses such as open space
or recreation.
The act of adding an addition to an existing structure or
the erection of a new principal or accessory structure on a lot or
property.
A child-care program conducted in a location, other than
the provider's permanent residence or separate from the provider's
living quarters, where care is provided for children not related to
the child-care provider for any part of the twenty-four-hour day.
A child-care program where care is given by a person licensed
as a family day-care home provider for no more than ten (10) children
not related to the provider for any part of the twenty-four-hour day.
The provider may be licensed to operate no more than one (1) family
day-care home or group day-care home.
A child-care program where care is given by a person licensed
as a group day-care home provider for eleven (11), but not more than
twenty (20), children not related to the child-care provider for any
part of the twenty-four-hour day. A group day-care home shall be in
a location other than the provider's permanent residence or separate
from the provider's living quarters. The provider may be licensed
to operate no more than one (1) group day-care home or family day-care
home.
The permitted number of dwelling units per gross acre of
land to be developed.
The legal or beneficial owner or owners of a lot or any land
included in a proposed development. Also the holder of an option or
contract to purchase or any other person having enforceable proprietary
interest in such land.
A construction project involving substantial property improvement
and usually a change of land use character within the site; the act
of using land for building or extractive purposes.
A part, zone or area within the City of Battlefield within
which certain zoning regulations apply and are uniform.
A business whose primary activity is the manufacturing of
wine or brandy in quantities not to exceed five hundred thousand (500,000)
gallons, not in excess of eighteen percent (18%) alcohol by weight
for wine, or not in excess of thirty-four percent (34%) alcohol by
weight for brandy, from grapes, berries, other fruits, fruit products,
honey, and vegetables produced or grown in the State of Missouri,
exclusive of sugar, water and spirits.
[Ord. No. 20-20, 7-21-2020]
A building or portion thereof designed exclusively for residential
occupancy, excluding hotels, motels, boardinghouses, rooming houses
and lodging houses, travel trailers/recreational vehicles and tourist
courts.
A structure on a single lot containing three (3) or more
dwelling units, each of which is totally separated from the other.
A multifamily residential use in which each dwelling unit
shares a common wall, including without limitation the wall of an
attached garage or porch, with at least one (1) other dwelling unit
and in which each dwelling unit has living space on the ground floor
and a separate ground floor entrance.
A structure on a single lot designed for or occupied exclusively
by one (1) family.
A structure on a single lot containing two (2) dwelling units,
each of which share a common wall, including without limitation the
wall of an attached garage or porch and in which each dwelling unit
has living space on the ground floor and a separate ground floor entrance.
One (1) or more persons related by blood, marriage, adoption,
guardianship or duly authorized custodial relationship or two (2)
unrelated people and any children related to or legally cared for
by either of them or a group of not more than five (5) unrelated individuals
living together as a single housekeeping unit. A family may include,
in addition hereto, not more than two (2) boarders, roomers or domestic
servants.
The gross floor area of all buildings on a lot divided by
the lot area.
That part of a lot or premises immediately adjacent to a
street or streets without regard to access to or elevation of the
street or streets.
A detached accessory building or portion of a main building
housing the passenger vehicles or trailers of the occupants of the
premises.
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.
A building or portion thereof designed or used exclusively
for term storage by prearrangement 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.
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.
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale or for personal enjoyment.
[Ord. No. 20-01, 2-18-2020]
The total area of a building measured by taking the outside
dimensions of the building at each floor level intended for occupancy
or storage.
A dwelling in which more than ten (10) unrelated physically
and mentally impaired persons reside with houseparents or guardians.
A single-family detached dwelling in which no more than ten
(10) persons reside, comprised of the following: eight (8) or fewer
unrelated mentally or physically handicapped or impaired persons,
no more than two (2) 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 dwelling and the children of the
houseparents or guardians. The exterior appearance of the home and
property shall be in reasonable conformance with the general neighborhood
standards. No group home shall be closer than five hundred (500) feet
of another group home.
An activity carried out for gain by a resident conducted
as an accessory use in the resident's dwelling unit or accessory building
on the premises.
A facility offering transient lodging accommodations on a
daily rate to the general public. Also see "motel."
A non-profit establishment for public use.
An off-street space on the same lot with a building or contiguous
to a group of buildings for the temporary parking of a commercial
vehicle while loading or unloading merchandise or materials.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The size of a lot measured within the lot lines and expressed
in terms of acres or square feet.
A lot abutting on two (2) or more streets at their intersection.
The horizontal distance between the front and rear lot lines
measured along the median between the two (2) side lot lines.
A lot having frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
The front of a lot shall be considered to be that side of
the lot which fronts a street. In the case of a corner lot, the narrowest
side fronting on the street shall be considered to be the front of
the lot.
A lot other than a corner lot.
A boundary line of a lot.
The lot line separating a lot from the street. On a corner
lot, the shortest lot line abutting a street is the front lot line;
on a through lot, both lot lines abutting the streets are front lot
lines; on an irregular shaped lot, the front lot line is the lot line
most parallel to the abutting street.
Any lot line not a front or side lot line. The rear lot line
for a triangular shaped lot shall be a line ten (10) feet long drawn
between the lot's side lot lines and parallel to the front lot line.
The lot lines that intersect with a lot's front lot line.
A lot which is part of a recorded subdivision or a parcel
of land on a plat or deed which has been recorded by the Greene County
Recorder of Deeds.
A lot having a frontage on two (2) parallel streets or which
fronts upon two (2) streets which do not intersect at the boundaries
of the lot.
The mean horizontal distance between the side lot line of
a lot measured at right angles to the depth; or the same distance
measured at a point midway between the front lot line and the rear
lot line, or at the rear lot line of the required front yard (building
line, especially on irregularly shaped lots).
A transportable, factory-built dwelling, composed of one
(1) or more components, manufactured under the authority of 42 U.S.C.
§ 5401, Federal Manufactured Housing Construction and Safety
Standards Act, 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 traveling mode, is twelve (12) body feet
or more in width and forty (40) body feet in length and, when erected
on site, contains four hundred eighty (480) feet or more square feet
of living area, equipped with the necessary service connections and
made so as to be readily movable as a unit on its own running gear
and designed to be used as a dwelling unit with or without a permanent
foundation.
An area where one (1) or more manufactured homes can be or
are intended to be parked, designed or intended to be used as living
facilities for one (1) or more families.
Cannabis indica, cannabis sativa, and cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
resin extracted from the plant and marijuana-infused products. Marijuana
or marihuana do not include industrial hemp containing a crop wide
average tetrahydrocannabinol concentration that does not exceed three-tenths
of one percent (0.3%) on a dry weight basis, or commodities or products
manufactured from industrial hemp.
[Ord. No. 20-01, 2-18-2020]
Marijuana allowed for the limited legal production, distribution,
sale and purchase for medical use as governed by Article 19 of the
Missouri State Constitution.
[Ord. No. 20-01, 2-18-2020]
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport, and sell marijuana to a medical
marijuana dispensary facility, medical marijuana testing facility,
or to a marijuana-infused product manufacturing facility.
[Ord. No. 20-01, 2-18-2020]
A facility licensed by the State of Missouri to acquire,
store, sell, transport, and deliver marijuana, marijuana-infused products,
and drug paraphernalia used to administer marijuana as provided for
in this Chapter to a qualified patient, a primary caregiver, another
medical marijuana dispensary facility, a medical marijuana testing
facility, or a medical marijuana-infused products manufacturing facility.
[Ord. No. 20-01, 2-18-2020]
Products that are infused with marijuana or an extract thereof
and are intended for use or consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures and concentrates.
[Ord. No. 20-01, 2-18-2020]
A facility certified by the State of Missouri to acquire,
test, certify, and transport marijuana.
[Ord. No. 20-01, 2-18-2020]
A business whose primary activity is the brewing and selling
of beer, with an annual production of ten thousand (10,000) barrels
or less.
[Ord. No. 20-20, 7-21-2020]
A transportable, factory-built home designed to be used as
a year-round residential dwelling and built prior to the enactment
of the Federal Manufactured Housing Construction and Safety Standards
Act of 1974, which became effective June 16, 1976.[1] Mobile homes, as defined herein, are not permitted to
locate in the City of Battlefield.
A dwelling unit built to nationally recognized and accepted
construction standards published by the International Code Council
or its successor consisting of components substantially built and
assembled in a manufacturing plant and transported to the building
site for final assembly on a permanent foundation. The dwelling unit
shall be inspected and certified at the factory that it meets said
building construction standard. A modular home shall not have its
own running gear and on-site service connections and foundation shall
be in accordance with the requirements of the City of Battlefield's
building regulations.
An establishment in which transient accommodations are provided
on a daily rate to the general public. Also see "hotel."
A lot existing at the effective date of this Chapter (and
not created for the purpose of evading the restrictions of this Chapter)
that does not meet the minimum area requirement of the zoning district
in which it is located.
The use of land or a building or portion thereof existing
at the effective date of this Chapter, where such use does not conform
with the use regulations of the zoning district in which it is located.
The person, corporation or other legal entity listed as owner
of a lot on records of the Greene County Recorder of Deeds.
A space within a building or a private or public parking
area for the parking of one (1) vehicle.
A tract of land under single ownership planned and developed
as an integral unit and consisting of a combination of residential
and non-residential uses of land within a Planned Development (PD)
District.
A structure or group of structures in which the principal
use of the lot on which it is located is conducted.
Maintained for or used by the people of the City of Battlefield
on a non-commercial basis.
The installation, construction, addition or betterment of
any new physical development dedicated to or intended for public use,
such as streets and sidewalks, utilities, drainage facilities, etc.
Any of the following vehicles which are licensed for travel
on the highway: travel trailer (a vehicular, portable structure built
on a chassis designed to be used as a temporary dwelling for travel,
recreation or vacation or one permanently identified as a travel trailer
by the manufacturer of the trailer); pickup coach (a structure designed
to be mounted on a truck chassis for use as a temporary dwelling for
travel, recreation and vacation); motor home (as a portable, temporary
dwelling to be used for travel, recreation and vacation constructed
as an integral part of a self-propelled vehicle); and camping trailer
(as a canvas, material or metal folding structure mounted on wheels
and designed for travel, recreation and vacation use).
Land used or intended to be used for occupancy by recreational
vehicles for transient living purposes, including the use of camping
spaces for tents.
The required minimum horizontal distance between the nearest
front, side or rear line of every structure and the front line of
the lot.
Any words, numbers, figures, devices, designs or trademarks
by which anything is made known, such as are used to designate an
individual, a form, profession, business or a commodity and which
are visible from any public street.
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 is no floor above it, then the space between
such 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 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.
A public or private way used or intended to be used for passage
or travel by motor vehicles.
Streets and roads are classified by their primary function in the City's transportation network. Design standards are related to functional classification. Also see Article VIII, Street Access Management Standards, in Chapter 405. These functional classifications include:
[Ord. No. 23-11, 8-22-2023]
ALLEYSA dedicated public right-of-way, other than a street, designed to extend only secondary access to the side or rear of those properties whose principal frontage and access is on some other street.
COLLECTORSA street that collects and distributes traffic to and from local streets and arterial streets and is intended to provide for low to moderate volume and low-speed, shorter length trips. The function of traffic movement and property access are balanced.
LIMITED ACCESS HIGHWAYConnects the City to other areas and primary function is to move traffic through the City. Carries large volumes of traffic at high speeds. Access is typically limited to major interchanges and intersections.
LOCALSA street intended to provide access to abutting property and designed for low-volume, low-speed traffic.
PARKWAYSScenic open spaces which combine the functions of aesthetics and movement of traffic along an arterial.
PRIMARY ARTERIALSA 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.
SECONDARY ARTERIALSA street intended to provide for moderate-volume, moderate-speed traffic movement between major activity centers and between neighborhood areas within the City. Access to abutting property is subordinate to the flow of traffic and entrances and exits to the arterial are subject to control.
A dividing line between a lot, parcel or tract and a contiguous
street.
The horizontal distance between the outside edges of a street's
pavement, including any curbing and guttering, measured at right angles
to the street's center line.
Anything constructed or erected, the use of which requires
permanent or temporary location on or in the ground.
A residential or outpatient facility for the treatment of
alcohol and other drug abuse pursuant to Section 89.143, RSMo.
Any structure whose primary function is to support an antenna.
A lot. The term "tract" is used interchangeably with the
term "lot," particularly in the context of subdivisions, where one
(1) tract is subdivided into several lots.
Land in its natural state before development.
The activity or function that takes place or is intended
to take place on a lot.
A grant of permission from the Board of Adjustment that allows
the recipient to waive compliance with a specific provision of this
Chapter, granted because of the practical difficulties or unnecessary
hardship that would be imposed by the strict application of that provision
of the Chapter.
The days of the week, excluding Saturdays, Sundays and recognized
holidays, during which normal business is conducted by the City of
Battlefield.
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 or
the depth of a front yard or 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 and being the
minimum horizontal distance between the street or place line and the
main building or any projections thereof other than the projection
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.
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 projection
of uncovered steps, unenclosed balconies or unenclosed porches. On
all lots, the rear yard shall be in the rear of the front yard.
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]
Editor's Note: See 42 U.S.C. § 5401.
