Definitions. For
the purposes of this Chapter, the following words and terms as used
are defined to mean the following:
ACCESSORY BUILDING OR USE
A detached subordinate building having a use incident to
and located on the lot occupied by the main building; or a use incident
to the main use of the property.
AGRICULTURAL PROPERTY
Any land and easements and real and personal, including,
but not limited to, buildings, structures, improvements, equipment
and livestock, which is used or is to be used in the City of De Soto
by residents for:
1.
The operation of a farm or ranch;
2.
Planting, cultivating or harvesting cereals, natural fibers,
fruits, vegetables or trees;
3.
Grazing, feeding or the care of livestock, poultry or fish;
5.
Storing, transporting or processing farm and ranch products
including, without limitation, facilities such as grain elevators,
cotton gins, shipping heads, livestock pens, warehouses, wharfs, docks,
creameries or feed plants.
ALLEY
A public or private thoroughfare which provides only a secondary
means of access to abutting property.
APARTMENT
A building or portion thereof designed to house a family.
AREAS OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to
a one percent (1%) or greater chance of flooding in any given year.
AUTOMOBILE SERVICE STATION
Any land or building used for the sale at retail of motor
vehicle fuels, oils or accessories or for servicing or lubricating
motor vehicles or installing or repairing parts and accessories, but
not including the repairing or replacing of motors, bodies or fenders
of motor vehicles or painting motor vehicles, public garages or trailers.
BANDIT SIGN
An illegal commercial sign posted on a utility pole, street
sign or other street furniture; or any other sign placed within a
public right-of-way or public property or on private property such
that it is visible from a public right-of-way or public property.
A bandit sign generally has less than six (6) square feet of advertising
area and is made of vinyl, paper, cloth or fabric, polyboard, coroplas,
corrugated plastic, poster board, plastic core, cardboard, wood or
plywood, including signs with wood or wire framing, posts, or stakes.
[Ord. No. 3970 §1, 3-18-2013; Ord. No. 4013 §1, 4-21-2014; Ord.
No. 4035 §1, 4-20-2015]
BANNER
A temporary paper, plastic or cloth device hung to attract
attention to a business or special event. These are prohibited on
all City rights-of-way and public property.
[Ord. No. 3970 §1, 3-18-2013; Ord. No. 4013 §1, 4-21-2014; Ord.
No. 4035 §1, 4-20-2015]
BASEMENT
A story having part but not more than one-half (½)
of its height below grade. A "basement" is not counted
as a story for the purpose of height regulation unless it is subdivided
and used for multi-family dwelling purposes other than by a janitor
employed on the premises.
BLOCK
A parcel of land entirely surrounded by public highways or
streets, other than alleys.
BOARD
The Board of Adjustment of the City of De Soto, Missouri.
BOARDING HOUSE OR LODGING HOUSE
A building occupied as a single housekeeping unit where lodging
and/or meals are provided for three (3) or more persons for compensation,
pursuant to previous arrangements; but not for the public or transients.
BUILDING
Any structure having a roof supported by columns or walls
for the shelter or enclosure of persons or property.
BUILDING, HEIGHT OF
The vertical distance measured from the highest of the following
three (3) elevations:
1.
From the street curb elevation.
2.
From the established or average street elevation if the curb
has not been established.
3.
From the average finished ground elevation of the portion of
the lot adjoining and within ten (10) feet of the building where it
sits back from the street line ten (10) feet or more; to the elevation
of the highest point of the roof beams of flat roofs or roofs inclining
not more than one (1) inch to the foot, and to the average elevation
of top of the main plate and highest ridge for other roofs.
BUSINESS EASEL
Commonly referred to as a "sandwich sign," normally A-frame
in design. Intended to provide information relevant to the day put
into place or in reference to the business, such as daily specials
at a restaurant or happy hour at a bar; intended to be taken inside
at the close of business.
[Ord. No. 3970 §1, 3-18-2013; Ord. No. 4013 §1, 4-21-2014; Ord.
No. 4035 §1, 4-20-2015]
CELLAR
That part of the building having more than one-half (½)
of its height below the average grade of the adjoining ground.
CITY
The City of De Soto, Missouri.
CITY COMMUNITY MESSAGE BOARD
Message boards will be placed within the City at centrally
located and easily readable locations. The purpose of the message
boards are to allow civic organizations, religious entities and educational
institutions the ability to post events and notices that are of interest
to the residents and visitors to the City of De Soto. The number of
postings shall be limited by the size of the message boards and will
be allotted on a first-come, first-serve basis. Application for message
can be made at City Hall during normal business hours.
[Ord. No. 3970 §1, 3-18-2013; Ord. No. 4013 §1, 4-21-2014; Ord.
No. 4035 §1, 4-20-2015]
CLINIC
A building used solely as a place for the treatment and diagnosis
of outpatients.
CLUB
An organized group of people not open to or intended for
or controlled by the public or for the use of the public.
COMMISSION
The Planning and Zoning Commission of the City of De Soto,
Missouri.
CONDITIONAL USE
A use allowed in a zoning district after a permit is granted
by the Planning and Zoning Commission.
CONDOMINIUM
A building having individual ownership of the area inside
the walls of a multi-unit structure and joint ownership and maintenance
of all other common ground.
COUNCIL
The City Council of De Soto, Missouri.
CURB LEVEL
The average elevation of the curb in front of the lot or
along any abutting street where the median curb elevation is the height.
DEVELOPMENT
Any manmade change to all real estate including, but not
limited to, building, mining, dredging, filling, grading, paving,
excavating or drilling operations.
DIRECTIONAL SIGN
Any sign which indicates a direction for vehicular or pedestrian
traffic or other movement. Examples would include Entrance, Exit,
One-Way, Handicapped, Loading, etc.; normally intended to be permanent
in nature.
[Ord. No. 3970 §1, 3-18-2013; Ord. No. 4013 §1, 4-21-2014; Ord.
No. 4035 §1, 4-20-2015]
DISTRICT
A section of the City for which the zoning regulations of
this Chapter are uniform.
DRIVE-IN
Any establishment for which business is transacted, services
rendered or goods sold while the customer remains in a vehicle including,
but not limited to, drive-in banks, cleaners, restaurants and theatres.
DRIVEWAY
An area established or used for ingress and egress of vehicles
from a street or thoroughfare to any point on private property.
DUST-PROOF MATERIAL
Asphaltic concrete, cement concrete, porous asphalt, porous
concrete, bituminous material, or penetration treatment of bituminous
material and seal coat of bituminous binder and a mineral aggregate
or the equivalent as approved by the City Manager.
DWELLING
Any building or portion thereof which is designed for or
used exclusively for residential purposes.
DWELLING UNIT
A building or portion thereof designed to house a family.
FAMILY
A group of one (1) or more persons occupying a premises and
living as a single housekeeping unit, whether or not related to each
other by birth or marriage. A family shall not contain more than eight
(8) persons not related by blood, marriage or adoption.
FENCE
A structure for enclosure or screening.
FLOOD
A general and temporary condition of partial or complete
inundation of normally dry areas from:
1.
The overflow of inland or tidal waters.
2.
The unusual and rapid accumulations or runoff of surface waters
from any source.
FLOOD HAZARD BOUNDARY MAP
An official map of a community, issued by the Federal Insurance
Administration, where the boundaries of the areas of special flood
hazards have been designated as Zone A.
FLOOD INSURANCE STUDY
The official report provided by the Federal Insurance Administration
containing flood profiles, the Flood Hazard Boundary Floodway Map
and the water surface elevation of the base flood.
FLOOR AREA
The square feet of floor space within the outside line of
walls and includes the total of all space on all floors of a building.
It does not include porches, garages, or space in a basement or cellar
when used for storage or incidental uses.
GARAGE, PRIVATE
A detached accessory or portion of a main building housing
the automobiles of the occupants of the premises, but not commercial
vehicles.
GROUND LEVEL
The average level of the finished surface of the ground adjacent
to the exterior walls of the building.
GROUP HOME
Any home in which eight (8) or fewer unrelated mentally or
physically handicapped persons reside, and may include two (2) additional
persons acting as houseparents or guardians who need not be related
to each other or to any of the mentally or physically handicapped
persons residing in the home. Except for properties in the "R-1" District
that were annexed by ordinance number 3460.
HEALTH CARE CLINIC
An establishment where patients are not lodged overnight
but are admitted for examination, consultation and/or treatment by
one (1) or more doctors.
HEIGHT OF BUILDINGS
The vertical distance measured from the highest of the following
three (3) elevations:
1.
From the street curb elevation.
2.
From the established or average street elevation if the curb
has not been established.
3.
From the average finished ground elevation of the portion of
the lot adjoining and within ten (10) feet of the building where it
sits back from the street line ten (10) feet or more; to the elevation
of the highest point of the roof beams of flat roofs or roofs inclining
not more than one (1) inch to the foot, and to the average elevation
of the top of the main plate and highest ridge for other roofs.
HOME-BASED BUSINESS
Any business operated at a residential dwelling that manufactures,
provides or sells goods or services that is owned and operated by
the owner or tenant of the residential dwelling. The term "goods"
as used in this definition shall mean any merchandise, equipment,
products, supplies or materials.
[Ord. No. 4915, 7-17-2023]
HOTEL
A building occupied or used as a temporary abiding place
of individuals or groups of individuals who are lodgers.
INTERIOR LOT
A lot whose side lines do not abut upon any street.
LOADING SPACE
A space within the main building or on the same lot, providing
for the standing, loading or unloading of trucks, having a minimum
dimension of twelve (12) by thirty-five (35) feet and a vertical clearance
of at least fourteen (14) feet.
LODGING OR ROOMING HOUSE
A building occupied as a single housekeeping unit where lodging
and/or meals are provided for three (3) or more persons for compensation,
pursuant to previous arrangements; but not for the public or transients.
LOT
A plot of land separated from other parcels or portions by
descriptions as on a subdivision of record or by metes and bounds
or other parcel of land intended as a unit for the purpose, whether
immediate or future, of transfer of ownership or building development.
LOT, CORNER
A lot abutting upon two (2) or more streets at their intersection.
LOT DEPTH
The mean horizontal distance from the front property line
to the rear line.
LOT, DOUBLE FRONTAGE
A lot having a frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
LOT, FRONT OF
The front of a lot shall be considered to be that part of
a lot which abuts and has access to a public street, except for corner
or double frontage lots.
LOT, INTERIOR
A lot whose side lines do not abut upon any street.
LOT LINES
The lines bounding a lot as defined herein.
LOT LINE, FRONT
The boundary between a lot and the right-of-way on the street
on which it fronts.
LOT LINE, REAR
The boundary line which is opposite and most distant from
the front property line or that boundary line of an irregularly shaped
lot that the City Manager shall determine to be the rear lot line.
LOT OF RECORD
A lot which is part of a subdivision, the map of which has
been recorded in the office of the Recorder of Deeds of the County,
or a parcel of land, the deed of which was recorded in the office
of the Recorder of Deeds prior to October 2, 1961.
LOT WIDTH
The width of a lot at the front yard line.
MOBILE HOME/MANUFACTURED HOME
A factory-built structure or structures which, in the traveling
mode, is eight (8) body feet or more in width or forty (40) body feet
or more in length or, when erected on site, contains three hundred
twenty (320) or more square feet, equipped with the necessary service
connections and made so as to be readily movable as a unit or units
on its or their own running gear and designed to be used as a dwelling
unit or units. Any unit that does not have a Missouri State Seal shall
be considered a mobile home.
MODULAR HOME
A transportable building unit designed to be used by itself
or to be incorporated with similar units at a point-of-use into a
modular structure to be used for residential, commercial, educational
or industrial purposes. This off-site manufactured structure must
bear an approved Missouri State Seal and meet the modular housing
design requirements of the International Building Code or a code which
imposes similar standards on safety and quality as the International
Building Code. The structure must set on a permanent concrete foundation.
This definition shall not apply to structures under six hundred fifty
(650) square feet.
MOTEL, MOTOR COURT, MOTOR LODGE OR TOURIST COURT
One (1) or more buildings containing individual sleeping
or living units, designed for or used temporarily by automobile tourists
or transients, with garage attached or parking space conveniently
located to each unit.
NON-CONFORMING USE, BUILDING OR YARD
A use, building or yard which does not, by reason of design,
use or dimensions, conform to the regulations of the district in which
it is situated.
NURSING HOME
A home for the aged or infirm in which three (3) or more
persons not of the immediate family are received, kept or provided
with food and shelter or care for compensation; but not including
hospitals, clinics or similar institutions devoted primarily to the
diagnosis and treatment of the sick or injured.
OVERLAY DISTRICT
A district which acts in conjunction with the underlying
zoning district or districts.
PARKING SPACE
A surfaced area, enclosed or unenclosed, having an area of
at least ten (10) feet by twenty (20) feet, exclusive of driveways,
permanently reserved for the temporary storage of one (1) automobile
and connected to a street or alley by a surfaced driveway which affords
satisfactory ingress and egress for automobiles.
PAVED
An area surfaced with a durable, dust-proof material.
PERMANENT SIGN
A sign firmly attached to the ground, wall or other portion
of a building and not designed or intended to be readily removed or
relocated.
[Ord. No. 3970 §1, 3-18-2013; Ord. No. 4013 §1, 4-21-2014; Ord.
No. 4035 §1, 4-20-2015]
PLANNED UNIT DEVELOPMENT
A development that allows for a more flexible approach and
allows for construction of large areas as a whole. PUDs can involve
a mixture of uses and types and stage-by-stage development.
POLITICAL SIGN
A temporary sign advocating or opposing any political proposition
or candidate for public office.
[Ord. No. 3970 §1, 3-18-2013; Ord. No. 4013 §1, 4-21-2014; Ord.
No. 4035 §1, 4-20-2015]
PREMISES
A lot together with all buildings and structures thereon.
REAL ESTATE SIGN
A sign pertaining only to the prospective rental, lease or
sale of the property on which it is located.
[Ord. No. 3970 §1, 3-18-2013; Ord. No. 4013 §1, 4-21-2014; Ord.
No. 4035 §1, 4-20-2015]
RECURRING EVENT
Any event or like event which occurs more than twice during
any calendar year.
[Ord. No. 4035 §1, 4-20-2015]
REVERSE CORNER LOTS
The largest dimension of a corner lot, which ordinarily would
be the side lot line, if the lot were not abutting on two (2) or more
streets at their intersection.
SETBACK LINE
A line parallel to the property lines of a lot, and between
said lines no building or structure may extend, except those projections
specifically permitted in this Code.
SIGN
An identification, description, illustration or device which
is affixed to or represented directly or indirectly upon a building,
structure or land and which directs attention to a product, place,
activity, person, institution or business.
SIGN, AREA OF
The total exterior surface computed in square feet of a sign
having but one (1) exposed exterior surface, and one-half (½)
the total of all of the exposed exterior surface computed in square
feet of a size having more than one (1) such surface.
SNIPE SIGN
A sign made of any material when such sign is tacked, nailed,
posted, pasted, glued or otherwise attached to trees, poles, fences
or other objects, and the advertising matter appearing thereon is
not applicable to the present use of the premises upon which such
sign is located.
[Ord. No. 3970 §1, 3-18-2013; Ord. No. 4013 §1, 4-21-2014; Ord.
No. 4035 §1, 4-20-2015
STORY
That portion of a building, other than a cellar, included
between the surface of any floor and the surface of the floor next
above it or, if there is no floor above it, the space between the
floor and the ceiling above it.
STORY, HALF
A top story attic is a half story when the main line of the
eaves is not above the middle of the interior height of such story.
The first (1st) story is a half story when between fifty percent (50%)
and seventy-five percent (75%) of the area of its exterior walls are
exposed to outside light and air entirely above grade and which exterior
walls contain windows or doors permitting the entrance of daylight
and outside air.
STREET
A public way which affords principal means of access to abutting
property.
STREET LINE
A dividing line between a lot and a contiguous street.
STRUCTURAL ALTERATION
Any change, except those required by law or ordinance, which
would prolong the life of the supporting members of a building or
structural, such as bearing walls, columns, beams or girders, not
including openings, bearing walls as permitted in other ordinances.
STRUCTURE
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground. Among other things, structures include buildings, walls, fences
and signs.
TEMPORARY SIGN
Any sign intended for a limited or intermittent period of
display. Such sign shall not exceed eighteen (18) inches by twenty-four
(24) inches in area (community message board's notwithstanding). Signs
shall be constructed of such a material to appear professional in
design and construction. Allowable materials include plastic core,
corrugated plastic, wood or plywood, and metal or aluminum.
[Ord. No. 3970 §1, 3-18-2013; Ord. No. 4013 §1, 4-21-2014; Ord.
No. 4035 §1, 4-20-2015
VARIANCE
A modification or variation of the provisions of this Chapter,
as applied to a specific piece of property, as distinct from rezoning.
YARD
An open space between a building and the adjoining lot line.
In measuring a yard, the minimum horizontal distance between the lot
line and the main building shall be used.
YARD, FRONT
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. On corner lots the front yard shall be considered as
parallel to the street upon which the lot has its least dimension.
YARD, REAR
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. On all lots the rear yard shall be in the rear
of the front yard.
YARD, SIDE
A yard between the main building and the side line of the
lot 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 building.