[R.O. 2009 §31-1; Ord. No. 2928 §31-1, 12-22-1999; Ord. No. 3086 §I(31-1), 7-25-2001; Ord.
No. 3131 §II(31-1), 12-12-2001; Ord. No. 3271 §1(31-1), 5-14-2003; Ord.
No. 3298 §I(31-1), 7-23-2003; Ord. No. 3311 §II(31-1), 8-27-2003; Ord.
No. 3764 §I(31-1), 12-12-2007; Ord. No. 3774 §I(31-1), 1-23-2008]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
Words used in the present tense include the future; words in
the singular number indicate the plural and words in the plural number
indicate the singular; the word "building" includes
the word "structure"; the word "shall" or the word "must" is mandatory and not directory;
the word "lot" includes the word "plot"; the term "used for" includes the meaning "designed for" or "intended for".
A use or structure subordinate to the principal use of a
building or to the principal use of land, located on the same lot
as such principal use and serving a purpose customarily incidental
to the use of the principal building or use of land.
Any business which offers its patrons goods of which a substantial
portion are adult oriented items or services relating to such items.
Any business where more than ten percent (10%) of the retail value
of merchandise offered for sale consists of adult oriented items shall
be presumed to be an adult oriented business. No adult oriented business
shall advertise, display or promote adult oriented items so that they
are visible from outside the premises. Only one (1) adult oriented
business may be operated in the same structure as any other adult
oriented business.
Shall consist of:
Sexual devices: Any three-dimensional object
designed or marketed as useful primarily in the performance of a sexual
act or to enhance or entice sexual stimulation or gratification. Such
devices include any item which has no substantial non-sex related
utility, such as erotic undergarments and artificial sexual organs,
as well as devices with other utility when they are marketed for sexual
purposes, such as chains, handcuffs or the like, but does not include
devices primarily intended for protection of health or prevention
of pregnancy; or
Sexually explicit materials: Any book, magazine,
pamphlet, newspaper or other printed or written matter, picture, drawing,
photograph, motion picture film, pictorial representation, statue,
figure or other three-dimensional object, recording, transcription
or anything which is or may be used as a means of communication that
depicts, describes or portrays human sexual intercourse, sodomy, bestiality,
oral copulation, masturbation, urinary and defecatory functions, sadism,
masochism, sadomasochistic abuse, exhibition of the genitals or any
touching of the genitals, pubic areas, buttocks of the human male
or female or the breasts of the female, whether alone or between members
of the same or opposite sex or between humans and animals in an act
of apparent sexual stimulation or gratification.
The use of land for agricultural purposes, including farming,
dairying, pasturage, apiculture, horticulture, floriculture, viticulture
and animal and poultry husbandry and the necessary accessory uses
for packing, treating or storing the produce raised on the premises;
provided however, that the operation of such accessory uses shall
be secondary to that of normal agricultural activities and further
provided that the above uses shall not include the commercial feeding
of garbage or offal to swine or other animals.
A public way which affords only a secondary means of access
to abutting property and which is twenty (20) feet or less in width.
A room or a suite of rooms within an apartment house arranged,
intended or designed for a place of residence of a single-family or
group of individuals living together as a single housekeeping unit.
A multiple dwelling which furnishes for the use of its tenants
services ordinarily furnished by hotels, but the privileges of which
are not primarily available to the public.
See "DWELLING, MULTIPLE".
A decorative or utilitarian feature that is permanently attached
to a building. Architectural features shall include roof overhangs,
cornices, canopies, uncovered stairs and landings, decks, balconies,
eaves, bay windows, bump-out windows, exterior flues and chimneys
and other similar appurtenances.
A story whose floor is more than twelve (12) inches but not
more than one-half (½) its clear height below the average level
of the adjoining ground. A basement, when used as a dwelling, shall
be counted as a story for purposes of height measurement and a half
story for purposes of minimum side yard determination.
The utilization of labor, equipment and materials for the
purpose of erecting, modifying or altering a structure.
A unit of property bounded by streets or by streets and/or
railroad rights-of-way, waterways or other barriers.
Property having frontage on one (1) side of the street and
lying between the two (2) nearest intersecting, intercepting or intercepting
extended streets or nearest intersecting or intercepting street and
railroad right-of-way waterway or other barrier.
The Board of Adjustment of the City established in accordance
with the provisions of this Chapter.
A building, other than a hotel, motel, apartment, apartment
hotel or apartment house, containing one (1) or more housekeeping
units, where temporary lodging or meals are provided for two (2) or
more persons for compensation. Any building where persons are lodged
for "periods of habitation" of twelve (12) weeks or less shall be
deemed to be a boarding house or lodging house even if otherwise qualifying
as an apartment, apartment hotel or apartment house. For the purposes
of this definition, "periods of habitation" refers
to the actual periods of time that different families or sets of unrelated
individuals occupy housekeeping units, rather than the terms of the
leases or contracts governing the lodging or boarding relationships.
A structure having a roof supported by columns or walls for
the shelter, support, enclosure or protection of persons, animals,
chattels or property. When separated by party walls, without openings
through such walls, each portion of such structure shall be considered
a separate building, except as regards minimum side yard requirements
as hereinafter provided.
The vertical distance measured from the average elevation
of the finished grade along the front of the building to the highest
point of the roof surface or to the highest point of the coping of
a flat roof; or to the deck line of a mansard roof; and to the mean
height level between eaves and ridge for gable, hip and gambrel roofs.
A building in which is conducted the main or principal use
of the lot on which such building is situated. Where a substantial
part of the wall of an accessory building is a part of the wall of
the principal building or where an accessory building is attached
to the main building in a substantial manner, as by roof, such accessory
building shall be counted as part of the principal building.
The engaging in the purchase, sale, barter or exchange of
goods, wares, merchandise or services and/or the maintenance or operation
of offices or recreational and amusement enterprises for profit.
A story, the floor of which is more than one-half (½)
its clear height below the average level of the adjoining ground.
A cellar when used as a dwelling shall be counted as a story for the
purposes of height measurement.
A non-profit association of persons who are bona fide members
organized for some common purposes and paying regular dues; not including
a group organized solely or primarily to render a service customarily
carried on as a commercial enterprise.
A use that is permitted but only by application to the Planning
and Zoning Commission as designated in each specific instance. The
use may be granted only after a determination by the Planning and
Zoning Commission that all regulations and standards of this Chapter
applying to the specific use in the particular location will be met
and shall include such additional conditions or safeguards as the
Commission may prescribe in the specific case and circumstances, in
order to prevent harm or injury to adjacent uses, the neighborhood,
and/or in order to improve the public health, safety, convenience,
comfort, prosperity and general welfare and approval by Council.
Any development of property pursuant to the provisions of
Chapter 448, RSMo.
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on two (2) or more sides by
the walls of such building.
The mean level of the curb in front of the lot or in case
of a corner lot, along the abutting street where the mean curb level
is the highest.
A not-for-profit or commercial facility meeting the requirements
of, and licensed by, the State of Missouri for the care of infants
and children and shall be six (6) or more children.
A business for the care of infants and children having less
than the number of children that would require a license from the
State of Missouri and shall be five (5) or fewer children.
A section of the City for which uniform regulations governing
the use, height, area, size and intensity of use of buildings and
land and open spaces about buildings are herein established.
Each of the districts in the following list shall be deemed
to be more restricted than any of the districts succeeding it and
each shall be deemed to be less restricted than any of the districts
preceding it: "N-1", "E-1", "E-2", "R-1", "R-2", "R-3", "R-4", "B-1",
"B-2", "B-3", "B-4" and "I-1".
A building or portion thereof used primarily as a place of
abode for one (1) or more human beings, but not including hotels,
motels, motor hotels, boarding or lodging houses, tourist homes or,
except when located in an authorized mobile home park, mobile homes.
A building or portion thereof arranged, intended or designed
for occupancy by three (3) or more families and including apartment
houses and row houses.
A building arranged, intended or designed for occupancy by
one (1) family.
A building arranged, intended or designed for occupancy by
two (2) families.
A grant by a property owner to the public, a corporation
or a person of the use of land for a specific purpose.
A professional engineer registered and licensed to practice
in Missouri.
A group of one (1) or more persons occupying a dwelling unit
and living as a single housekeeping unit, as distinguished from a
group occupying a boarding or lodging house or hotel.
The construction boundaries of a structure including the
foundation, garage, porch, patio, sidewalk, etc.
An accessory building intended exclusively for the storage
of the vehicles used by the family housed in the building to which
such garage is accessory.
Any building or premises, except those defined herein as
a private garage, used for the storage or servicing of motor vehicles
or where such vehicles are equipped for operation, repaired or kept
for remuneration, hire or sale.
Any structure owned by the United States of America, the
State of Missouri or any and all other political subdivisions of the
State.
A single parcel or several separate parcels set out within
a planned development area, designated and designed to be used as
parks, plazas, courts, playgrounds, buffer zones or other open spaces.
A residence for eight (8) or fewer unrelated mentally or
physically handicapped persons with up to two (2) additional persons
acting as houseparents or guardians.
The vertical distance from the lowest level of such yard
or court to the highest point of any boundary wall.
Any use conducted entirely within a dwelling or accessory
building and participated in solely by members of the family, which
use is clearly incidental and secondary to the use of the dwelling
for dwelling purposes and does not change the character thereof. No
commodity shall be sold upon the premises except that which is produced
thereon and no sign shall be displayed. Further, no offensive noise,
vibrations, smoke or other particulate matter, odorous matter, heat,
humidity, glare or other objectionable effects shall be produced.
An institution licensed by the State Department of Public
Health and Welfare and providing health services primarily for inpatient
medical or surgical care of the sick or injured and including related
facilities such as laboratories, outpatient departments, training
facilities, central service facilities and staff offices which are
an integral part of the facility, provided such institution is operated
by or treatment is given under direct supervision of a licensed physician.
A building in which lodging is provided and offered to the
public for compensation and which is open to transient guests, in
contradistinction to a boarding or lodging house.
Any lot on which personal property is or may be collected,
accumulated, dismantled, assorted, stored or salvaged for reuse, resale
or reduction or similar disposition.
Any lot on which four (4) or more dogs, cats or other domestic
animals at least four (4) months of age are kept.[1]
A land surveyor registered in the State of Missouri.
A parcel of land occupied or intended to be occupied by a
principal or conditional use and uses accessory thereto together with
such open spaces as required under this Chapter. A lot may be a single
parcel separately described in a deed or plat which is recorded in
the office of the County Recorder or it may include parts of or a
combination of such parcels when adjacent to one another and used
as one. In determining lot area and boundary lines, no part thereof
within the limits of a street or place shall be included.
A lot abutting upon two (2) or more streets at their intersection.
For building setback purposes, a corner lot is deemed to have two
(2) front yards.
The mean horizontal distance from the front lot line to the
rear line.
A lot whose side lines do not abut upon any street.
The lines bounding a lot, as defined herein.
In the case of an interior lot, the line separating the lot
from the street or place. In the case of a corner lot or double frontage
lot, the lot is deemed to have a front lot line on each street.
The lot line which is opposite and most distant from the
front lot line. On a corner lot, the rear lot line shall mean the
line which is opposite the front lot line that has the narrowest frontage.
Any lot line not a front or rear lot line.
An interior lot having frontage on two (2) streets at opposite
ends of the lot.
The minimum horizontal distance between side lot lines measured
at right angles to the lot depth. On lots in a cul-de-sac or lots
fronting on a street with a horizontal radius of less than two hundred
(200) feet, the lot width shall be determined by measuring the chord
length of the curve at the front building line.
Any commercial office building occupied or intended to be
occupied primarily by members of the medical or dental profession.
This shall include buildings that contain emergency and ambulatory
treatment facilities but not inpatient care.
Any vehicle either self-propelled or propelled by means of
being attached to a motor vehicle which may be used as the place of
abode or sleeping place by one (1) or more persons and which has no
foundation other than the wheels required for its movement from one
place to another.
A lot which is used or offered as a location for two (2)
or more mobile homes and within which lot a mobile home may be supported
either by its wheels or by a foundation of any sort.
A building or group of detached buildings containing units
having bedroom, bathroom and closet space and each unit having convenient
access to a parking space for the use of the units' occupants. The
units, with the exception of the apartment of the manager or caretaker,
are intended for the use of motor vehicle transients.
The business of making loans for a period of thirty (30)
days or less in duration, intended to coincide with the period from
one (1) payday of the borrower to the next and in principle amounts
of five hundred dollars ($500.00) or less.
A use, building or yard existing legally at the time of the
passage of this Chapter or any amendment thereto which does not, by
reason of design, use or dimensions, conform to the regulations of
the district in which it is situated.
Any place where motorized vehicles are parked, stored or
otherwise placed.
A durable, paved surfaced area, enclosed in the main building,
in an accessory building or unenclosed, sufficient in size to store
one (1) automobile including the necessary driveway and space between
automobiles on the parking lot. The driveways connecting a parking
space with street or alley shall provide satisfactory ingress and
egress of automobiles and shall be a durable, paved surfaced area
and shall have appropriate bumper guards where deemed necessary by
the Commission.
An open, unoccupied space other than a street or alley permanently
established or dedicated as the principal means of access to property
abutting thereon.
A private or public development or improvement of a tract
of land for the purpose of creating residential, business or industrial
use property. Uses may include, but are not limited to, the following:
an apartment, condominium or town house complex; a shopping center
(with or without a mall); a commercial business or service area; an
industrial park or court; a recreational park or other open space.
A private or public development or improvement of a tract
of land containing not less than five (5) acres for the purpose of
creating residential, business or industrial use property. Uses may
include, but are not limited to, the following: an apartment, condominium
or town house complex; a shopping center (with or without a mall);
a commercial business or service area; an industrial park or court;
a recreational park or other open space.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
on the lot where displayed or only incidentally on such lot.
A sign which directs attention to an activity, business or
a profession conducted on the lot on which displayed. A real estate
sign advertising the sale, rental or lease of the lot on which it
is maintained or an institutional bulletin shall not be deemed a business
sign.
An accessory building for the keeping of horses or mules
by occupants of the premises and not kept for remuneration, hire or
sale.
That portion of a building included between the surface of
one (1) floor and the surface of the floor next above it or if there
be no floor above, that part of the building which is above the surface
of the highest floor thereof. A top story shall be considered 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 of a building
is the highest story not a basement as defined herein.
A public thoroughfare forty (40) feet or more in width between
property lines which affords the principal means of vehicular access
to abutting property or such thoroughfare more than twenty (20) but
less than fifty (50) feet in width provided it existed prior to the
passage of this Chapter. The term "street" shall
include avenue, drive, circle, road, parkway, boulevard, highway,
thoroughfare or any other similar term.
The dividing line between the street and the abutting property.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders or any substantial
change in the exterior walls or the roof.
Anything constructed or erected which requires location on
the ground or attachment to something having a location on the ground
including, but not limited to, advertising signs and business signs,
but exclusive of customary fences or boundary or retaining walls.
The business of lending money with the pledge of personal
property as collateral, evidenced by a certificate of title issued
by the State of Missouri and regulated under the Revised Statutes
of Missouri as from time to time amended.
The employment or occupation of a building, structure or
land for a person's service, benefit or enjoyment.
A modification of the specific requirements of this Chapter
granted by the Board to a property owner to relieve such owner from
strict compliance upon a showing of practical difficulties or unnecessary
hardship so long as public safety and welfare are not jeopardized
thereby.
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided herein. In measuring
a yard for the purpose of determining the width of a side yard, the
depth of a front yard or the depth of a rear yard, the least horizontal
distance between the lot line and the main building shall be used.
A yard across the full width of the lot extending from the
front line of the main building to the front lot line. On double frontage
lots this is intended to mean the street address of the property.
A yard across the full width of the lot extending from the
rear line of the main building to the rear lot line.
A yard between the main building and the adjacent side lot
line and extending entirely from the front yard to the rear yard.
[R.O. 2009 §31-2; Ord. No. 2928 §31-2, 12-22-1999]
For the purpose of promoting health, safety, morals and the
general welfare of the community, by regulating and restricting height,
number of stories, size of buildings and other structures, the size
of yards, courts and other open spaces and the density of population
and the location and use of buildings, structures and land for trade,
industry, residence or other purposes; to lessen congestion in the
streets; to secure safety from fire, panic and other dangers; to provide
adequate light and air; to prevent the overcrowding of land and avoid
undue concentration of population; to facilitate the adequate provision
of transportation, water, sewerage, schools, parts and other public
requirements; the City may hereby be divided into districts as follows:
|
District "N-1"
|
Non-Urban District
|
|
District "E-1"
|
Large Lot Single-Family Dwelling District
|
|
District "E-2"
|
Clustered Home Single-Family Dwelling District
|
|
District "R-1"
|
Single-Family Dwelling District
|
|
District "R-2"
|
Single-Family Dwelling District
|
|
District "R-3"
|
Single-Family and Two-Family Dwelling District
|
|
District "R-4"
|
Multiple Dwelling District
|
|
District "B-1"
|
Local Business District
|
|
District "B-2"
|
Community Retail District
|
|
District "B-3"
|
Downtown Business District
|
|
District "B-4"
|
Highway Business District
|
|
District "I-1"
|
Industrial District
|
[R.O. 2009 §31-3; Ord. No. 2928 §31-3, 12-22-1999]
A.
Boundaries of the districts, as enumerated in Section 405.020, are hereby established as shown on the official Zoning Map of the City, which map is hereby designated as the "Zoning District Map", and such map and all the notations, references and information shown thereon are hereby made a part of this Chapter as if they were set forth in full herein.
It shall be the duty of the City Clerk to keep on file an authentic
copy of such map, all changes, amendments or additions thereto and
a duplicate copy thereof shall be kept on file in the office of the
Building Official.
B.
Where
definite distances in feet are not shown on the Zoning District Map,
the district boundaries are intended to be along existing street,
alley or plotted lot lines or extensions of the same and if the exact
location of such line is not clear, it shall be determined by the
Planning and Zoning Commission, due consideration being given to location
as indicated by the scale of the Zoning District Map.
C.
When
the streets or alleys on the ground differ from the streets or alleys
as shown on the Zoning District Map, the Planning and Zoning Commission
may apply the district designations on the map to the streets or alleys
on the ground in such manner as to conform to the intent and purpose
of this Chapter.
D.
All
territory which may hereafter be annexed to the City shall automatically
be classified as lying and being in district "N-1" unless such classification
shall have been changed by an amendment to this Chapter as provided
by law.
E.
Whenever
any street or alley is vacated, the particular district in which the
adjacent property lies shall automatically be extended to the centerline
of any such street or alley.
[R.O. 2009 §31-4; Ord. No. 2928 §31-4, 12-22-1999; Ord. No. 3588 §I(31-4), 10-12-2005]
A.
Except
as hereinafter specified, no land, buildings, structures or premises
shall hereafter be used and no building or part thereof or other structures
shall be located, erected, moved, reconstructed, extended, enlarged
or altered except in conformity with the regulations specified in
this Chapter for the district in which it is located; such regulations
including, but without limitation, the following:
The use of buildings, structures or land, including performance
standards as defined in this Chapter, in connection with such use;
the height, size or dimensions of buildings or structures; the size
or dimension of lots, yards or other open spaces surrounding buildings,
the provision, location, size, improvement.
B.
Stop Work Order. Whenever the Building Official finds any
work being performed in violation of the requirements of this Chapter,
the Building Official is authorized to issue a stop work order.
The stop work order shall be in writing and shall be given to
the owner of the property involved or to the owner's representative
or to the person on site conducting the work. Upon issuance of a stop
work order, the cited work shall immediately cease. The stop work
order shall state the reason and the conditions under which the cited
work will be permitted to resume.
Any person who shall continue any work after having been served
with a stop work order, except such work as that person is directed
to perform to remove a violation or alleviate an unsafe condition,
shall be subject to penalties as prescribed by law.
[R.O. 2009 §31-5; Ord. No. 2928 §31-5, 12-22-1999]
A.
In
their interpretation and application, the provisions of this Chapter
shall be held to be minimum requirements. Whenever this Chapter imposes
a greater restriction than is imposed or required by other provisions
of law or by other rules or regulations or resolutions, the provisions
of this Chapter shall govern.
B.
No
lot, yard, court, parking area or other space shall be reduced in
area or dimension so as to make said area or dimensions less than
the minimum required by this Chapter. No part of a yard, court, parking
area or other space provided about or for any building or structure
for the purpose of complying with the provisions of this Chapter shall
be included as part of a yard, court, parking area or other space
required under this Chapter for another building or structure.
C.
No more than one (1) principal use shall be allowed on any one (1) lot. Only one (1) principal structure shall be allowed per lot unless the provisions of Chapter 410 (Subdivision Regulations) are met. In any case, where there is more than one (1) principal structure proposed to be included on a single lot, either the provisions of Chapter 410 (Subdivision Regulations) or Section 405.530 of the zoning ordinance (subdivision of lots) shall be followed prior to the issuance of any building permits.
[R.O. 2009 §31-6; Ord. No. 2928 §31-6, 12-22-1999]
Nothing contained in this Chapter shall require any change in
the plans, construction or designated use of the building for which
a building permit has been heretofore issued at the time of the passage
of this Chapter and the construction of which shall have been diligently
prosecuted within one (1) year of the date of such permit and the
ground story framework of which including the second (2nd) tier beam
shall have been completed within such year and which entire building
shall be completed within two (2) years from the date of the passage
of this Chapter.
[R.O. 2009 §31-7; Ord. No. 2928 §31-7, 12-22-1999]
A.
The
disposal of waste discharged into public streams and sewage systems
shall meet the requirements of the Missouri Department of Natural
Resources and the regulations promulgated thereunder. Plans and specifications
for proposed sewage and industrial waste treatment and disposal facilities
shall be submitted to and approval obtained from the Missouri Department
of Natural Resources.
B.
Except
in district "N-1", no building for human occupancy shall be constructed
or used unless it is connected to both a public sanitary sewer and
a public water supply.
[R.O. 2009 §31-8; Ord. No. 2928 §31-8, 12-22-1999]
On through lots or corner lots in any "E" or "R" district, a
front yard is required on each street.
[R.O. 2009 §31-9; Ord. No. 2928 §31-9, 12-22-1999]
A.
No
accessory buildings shall be located closer to a side or rear lot
line than five (5) feet in any "E" or "R" district. In addition, adequate
distance shall be required for the opening and closing of doors between
accessory buildings and the rear lot line. Such buildings shall be
set back at least twenty-five (25) feet from the front lot line but
not closer than the front line of the principal building.
B.
In
any "E" or "R" district, no accessory buildings shall be used as a
dwelling.
C.
In
any "E" or "R" district, accessory buildings or structures shall be
at least six (6) feet from any dwellings situated on the same lot
and shall not in the aggregate occupy more than twenty percent (20%)
of the required rear yard.
D.
In
any "E" or "R" district, no accessory building or structure shall
be erected or constructed prior to the erection or construction of
the principal building except for a temporary building incident to
construction of the principal building.
[R.O. 2009 §31-10; Ord. No. 2928 §31-10, 12-22-1999]
Vision clearance is required on all corner lots at the street
corner. For this purpose, "vision clearance" means
a triangular space at the street corner of a corner lot free from
any kind of obstruction to vision between the heights of three (3)
and twelve (12) feet above the established street grade. The street
grade is measured at the intersection of the centerlines of the intersecting
street pavements and a triangular space is determined by a diagonal
line connecting two (2) points measured fifteen (15) feet along each
of the street lot lines equal distance from the intersection of the
lot lines or the lot lines extended, at the corner of the lot.
[R.O. 2009 §31-11; Ord. No. 2928 §31-11, 12-22-1999]
Essential services shall be permitted as authorized and regulated
by law or other ordinances of the City. It is the intention hereof
to exempt such services from the application of the provisions of
this Chapter. For this purpose, "essential services" means the erection, construction, alteration or maintenance by public
utilities, municipal departments, commissions or common carriers of
underground surface or overhead gas, oil, electrical, stream or water
transmission distribution, collection, communication, supply or disposal
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, Police call boxes, emergency telephones,
traffic signals, hydrants, towers and other similar equipment and
accessories in connection therewith necessary for the furnishing of
adequate service by such public utilities, municipal departments,
commissions or common carriers for the public health, safety and general
welfare, but not including buildings or outdoor storage yards.
[R.O. 2009 §31-12; Ord. No. 2928 §31-12, 12-22-1999]
Except in district "N-1", the extraction of minerals, oils or
gas by any process, including quarrying and sand and gravel pits,
is expressly prohibited within the corporate limits of the City.
[R.O. 2009 §31-13; Ord. No. 2928 §31-13, 12-22-1999]
No building or structure shall be erected in the vicinity of
an airport in any area included in any approach, transition or turning
zone as defined by the Federal agency delegated with the powers or
authority to control or regulate aviation, the height of which exceeds
the limits permitted or recommended by such Federal agency; provided
that this shall not prohibit the erection of buildings or structures
to a height of thirty (30) feet or two and one-half (2½) stories.
[R.O. 2009 §31-14; Ord. No. 2928 §31-14, 12-22-1999; Ord. No. 3131 §II(31-14), 12-12-2001]
In any "R-1". "R-2" or "R-3" district, a transitional use shall
be permitted on a lot the side lot line of which adjoins directly
any "B-1" or "B-2" district. The permitted transitional uses for any
such lot in the "R-1" or "R-2" district shall be those permitted in
the "R-3" district and the permitted transitional uses for any such
lot in the "R-3" district shall be those permitted in the "R-4" district.
The requirements governing lot area, lot area per family, lot width,
yards and other open spaces and off-street parking shall be those
of the "R-3" district for any such lot in the "R-1" or "R-2" districts
and those of the "R-4" district for any such lot in the "R-3" district.
[R.O. 2009 §31-15; Ord. No. 2928 §31-15, 12-22-1999]
Uses other than those specifically mentioned in this Chapter
as permitted uses in each of the districts may also be allowed therein,
except for uses prohibited therein or which are permitted in another
district; provided that in the judgment of the Board as evidenced
by resolution of record, such other uses are of similar character
as those mentioned and will have no more adverse influence on adjacent
properties, the neighborhood or the community than the permitted uses
specifically mentioned for the district.
[1]
Cross Reference — As to temporary use permits — board determination, §405.940(A)(6).
[R.O. 2009 §31-16; Ord. No. 2928 §31-16, 12-22-1999; Ord. No. 3311 §I(31-16), 8-27-2003; Ord. No. 4639, 7-12-2021]
A.
The
uses of land and all buildings or structures which do not conform
to the uses of land and all buildings or structures which become non-conforming
by reason of a subsequent change in this Chapter shall be considered
legal non-conforming uses.
B.
Subject
to the restrictions hereinafter imposed by this Section, legal non-conforming
uses may be continued, so long as such uses remain otherwise lawful
subject to the provisions herein.
C.
A legal
non-conforming use when discontinued or abandoned shall not be resumed.
"Discontinuance" or "abandonment" shall be defined as follows:
1.
When open land used as a legal non-conforming use shall cease to
be used in the manner in which it was used for nine (9) consecutive
calendar months;
2.
When a building used, designed or arranged for a non-conforming use
shall cease to be used in the manner in which it was used for nine
(9) consecutive calendar months.
D.
Uses
of open land and of buildings which are legal non-conforming uses
in the district in which they are located may also be used, changed
and converted to any conforming use of the district in which such
land or building is located.
E.
Any
non-conforming building damaged more than sixty (60%) of its then
fair market value above the foundation at the time of the damage by
fire, flood, explosion, earthquake, war, riot or act of God or man
shall not be reconstructed in its original form; if less than sixty
(60%) damaged, it may be reconstructed or used, provided that such
reconstruction or use is accomplished within nine (9) months of such
calamity.
F.
Any
existing non-conforming single-family detached residence located in
the "B-1" District may be rebuilt if more than sixty percent (60%)
damaged, provided that the reconstruction of said residence meets
the following:
1.
The residence is constructed on the same footprint (preferably the
same foundation if not damaged);
2.
The existing structure is not enlarged or expanded upon;
3.
The continued use as a residence is consistent with and does not
impair the then current use of surrounding property. This issue to
be determined by the Planning and Zoning Commission for recommendation
for action to the City Council.
G.
Nothing
contained in this Chapter shall be construed as prohibiting repairs
to any portion of a building which is legally non-conforming and any
such repairs are hereby permitted.
H.
No
such non-conforming use of a parcel, lot, building, or structure shall
be enlarged, expanded or extended to occupy a greater area of land
than was occupied on the date of adoption or amendment of this Article
and no additional accessory use, building, or structure shall be established
thereon. Any such enlargement, expansion, or extension shall terminate
the non-conforming use.
[R.O. 2009 §31-17; Ord. No. 2928 §31-17, 12-22-1999]
A.
The
Building Official will be responsible for inspection and compliance
of the City zoning ordinance and City regulations on day care centers
and day care homes. In any residential district, no more than five
(5) children are allowed in a day care home.
B.
The
City requires all day care centers and day care homes to meet any
required State of Missouri standards and obtain all required licenses.
[Ord. No. 3774 §I(31-18), 1-23-2008]
A.
No
permit shall be issued for any non-chartered payday or title loan
business that is located within four thousand (4,000) feet of any
other non-chartered payday or title loan business located in the City
of Festus and within two thousand (2,000) feet outside the City limits
of any other non-chartered payday or title loan business. The minimum
separation distances shall be measured from any non-chartered payday
or title loan business located within the City limits of Festus or
outside and immediately adjacent to the City limits. This separation
provision shall not apply to an existing business that has been in
continuous operation at the same location and under the same business
name and ownership from and after the date of enactment of this Section.
B.
Each
non-chartered payday and title loan business will be considered a
conditional use in the following districts: "B-1", "B-2", "B-3" and
"B-4".
C.
Any
violation of any provision of this Section by a person or business
shall be subject to the penalties, fines and enforcement provisions
set forth in the Code of Ordinances of the City of Festus, Missouri.
D.
The
provisions of this Section are severable and if any provision hereof
is declared invalid, unconstitutional or unenforceable, such determination
shall not affect the validity of the remainder of this Section.
