For the purpose of this Title, certain terms and words are hereby
defined. Words used in the present tense shall include the future;
the singular number shall include the plural and the plural the singular;
the word "building" shall include the word "structure"; the word "shall" is mandatory and not directory.
A portion of the main building located on the same lot, the
use of which is customarily incident to that of the main building
or to the use of the land. Where a substantial part of the wall of
an accessory building is a part of the wall of the main building or
where an accessory building is attached to the main building in a
substantial manner by a roof, such accessory building shall be counted
as part of the main building.
Living quarters within an accessory building located on the
same premises with the main building for the sole use of persons employed
on the premises.
A story partly or wholly underground. A basement shall be
counted as a story for the purposes of height measurement where more
than one-half (½) of its height is above the average level
of the adjoining ground.
Any structure having a roof supported by columns or walls
for the housing or enclosure of persons, animals or chattels. Where
dwellings are separated from each other by a division wall without
openings, each portion of such dwelling shall be deemed a separate
building. The word "building" includes the word "structure" and those structures on wheels or other supports
used for business, storage or living purposes.
The vertical distance measured from the adjoining curb level
to the highest point of ceiling of the top story in the case of a
flat roof; the deck line of a mansard roof; and to mean height level
between eaves and ridge of a gable, hip or gambrel roof. Provided
however, that where buildings are set back from the street line, the
height of the building may be measured from the average elevation
of the finished lot grade at the front of the building.
A story having more than one-half (½) of its height
below grade. A cellar is not included in computing the number of stories
for the purpose of height measurement.
The "Planning and Zoning Commission" of the City.
An open unoccupied space, other than a yard, on the same
lot with a building and bounded on two (2) or more sides by such a
building.
A section or sections of the area of the City for which the
regulations governing the use of buildings and premises or in which
the height and area of buildings are uniform.
Any building, or portion thereof, which is designed or used
exclusively for family residential purposes.
A building designed for or occupied exclusively by one (1)
family.
Up to two (2) individuals or a married couple and the children
thereof and no more than two (2) other persons related directly to
the individuals or married couple by blood or marriage, occupying
a single housekeeping unit with single kitchen facilities, used on
a non-profit basis. A "family" may include not more
than one (1) additional person, not related to the family by blood
or marriage, provided that such additional person may be provided
with sleeping accommodations but not with kitchen facilities.
The portion of a dwelling, excluding cellar, basement, garage
or porches, used or designed to be used for the occupancy by individuals
or family as a single housekeeping unit.
All the property on one (1) side of a street between two
(2) intersecting streets (crossing or terminating) measured along
the line of the street, or if the street is dead-ended, then all of
the property abutting on one (1) side between an intersecting street
and the end of the dead-end street.
A building capable of housing not more than three (3) motor-driven
vehicles, the property of and for the use of the occupants of the
lot on which the private garage is located, provided however, that
said vehicles shall not include contractors' equipment, gasoline trucks
and similar vehicles not ordinarily used incidental to domestic activities.
For buildings having walls adjoining one (1) street only, the
elevation of the sidewalk at the centers of all walls adjoining the
streets.
For buildings having walls adjoining more than one (1) street,
the average level of the finished surface of the ground adjacent to
the exterior walls of the building.
Any wall approximately parallel to and not more than five (5)
feet from a street line is to be considered as adjoining the street.
Any home in which eight (8) or fewer mentally or physically
handicapped persons reside and may include two (2) additional persons
acting as houseparents or guardians who need not be related to each
other or to any of the mentally or physically handicapped persons
residing in the home.
Any place for the treatment or care of human ailments, including
sanitarium, sanatorium, nursing, convalescent or rest home, or other
such place of treatment or care, but not including clinics or institutions
for contagious diseases, mental disorders, drug addiction, liquor
addiction or insanity, or other types of the cases which would necessitate
physical restraint.
An automobile, truck or other motor vehicle which cannot
operate under its own power and which will require major repairs before
being made usable, or which does not comply with State, County or
City laws or ordinances or licensing requirements.
Any lot or premises on which three (3) or more dogs, at least
four (4) months of age, are kept.
The portion of a dwelling, excluding cellar, basement, garage
or porches, used or designed to be used for the occupancy by individuals
or family as a single housekeeping unit, which area is equipped with
heating, lighting and sanitation facilities in conformity with all
ordinances and Statutes of governmental entities regulating such items.
A parcel of land occupied or intended for occupancy by a
use permitted in this Title, including one (1) main building together
with its accessory buildings, the open spaces and parking spaces required
by this Title, having its principal frontage upon a street or upon
an officially approved place.
A lot abutting upon two (2) or more streets at their intersection.
The mean horizontal distance between the front and rear lot
lines.
A lot having a frontage on two (2) non-intersecting streets;
as distinguished from a corner lot.
The lines bounding a lot as defined herein.
Any building or land lawfully occupied by a use at the time
of passage of this Chapter or amendment thereto which does not conform
after the passage of this Chapter or amendments thereto with the use
regulations of the district in which it is situated.
A durable, dustproof, surfaced area, enclosed in the main
building, in an accessory building or unenclosed, sufficient in size
to store one (1) standing automobile, and if the space is unenclosed,
a durable dustproof surface area comprising an area of not less than
three hundred (300) square feet including the necessary driveway and
space between automobiles on the parking lots. The driveways connecting
a parking space with street or alley shall provide satisfactory ingress
and egress of automobiles and shall be designed to prevent all possible
traffic and fire hazards. Such area shall be paved with an asphalt
penetration surface, asphaltic concrete or Portland cement concrete
and shall have appropriate bumper guards when needed.
An association of persons, whether incorporated or unincorporated,
organized for some common purpose, but not including a group organized
solely or primarily to render a service customarily carried on as
a commercial enterprise, provided however, that the activities of
such association shall not be violations of any Federal, State or
County or municipal laws in effect.
Any structure or part of a structure not in excess of fifteen
(15) feet, other than a cellar, included between the surface of any
floor and the surface of the floor next above it, or if there be no
floor above it, then the space between the floor and the ceiling next
above it.
A space under a sloping roof which has the line of intersection
of roof decking and wall face not more than three (3) feet above the
top floor level, and in which space not more than two-thirds (2/3)
of the floor area is finished for occupancy.
All property dedicated or intended for public or private
street, highway, freeway or roadway purposes or subject to easements
therefor.
A dividing line between a lot, tract or parcel of land and
a contiguous street.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders, or any
substantial change in the roof or in the exterior walls.
Anything constructed or erected, the use of which requires
permanent location on the ground or which is attached to something
having a permanent location on the ground including, but not limited
to, advertising signs, billboards, backstops for tennis courts and
pergolas, radio towers, memorials and ornamental structures. The word "structures" includes the word "building" in addition to the foregoing.
Any structure used, or capable of being used, for living,
sleeping, business or storage purposes, having no foundation other
than wheels, blocks, skids, jacks, horses or skirting and which is,
has been, or reasonably may be equipped with wheels or other devices
for transporting the structure from place to place whether by motive
power or other means. The term "trailer" shall include
camp car and house car. A permanent foundation shall not change its
character if the structure can be removed therefrom practically intact.
An open space on the same lot with a building, unoccupied
and unobstructed by any portion of a structure from the ground upward,
except as otherwise provided herein.
A yard extending across the front of a lot between the side
lot lines and being the minimum horizontal distance between the street
right-of-way line and the main building or any projection thereof,
other than the projection of the usual steps or entrance way. The
front yards of lots fronting on major highways, however, shall be
determined by measurement from the centerline of the major highway
right-of-way.
A yard extending across the rear of a lot measured between
the side lot lines and being the minimum horizontal distance between
the rear lot line and the rear of the main building or any projections.
On corner lots the rear yard shall be considered as parallel to the
street upon which the lot has its least dimension. On both corner
lots and interior lots the rear yard shall be at the opposite end
of the lot from the front yard.
A yard between the main building and the side line of the
lot and extending from the front lot line to the rear lot line, measured
as the mean horizontal distance between the lot line and the main
buildings.
[Ord. No. 532, 12-21-2018]
All Application, Permit, Zoning and related fees arising under Chapter 400 shall be as set forth in a Schedule approved by the Board of Aldermen, as amended from time to time.
[CC 1974 §25-1; Ord. No. 40 §2, 11-21-1960]
A.
For
the purposes of regulating and restricting the use of land and the
erection, construction, reconstruction, alteration, repair or use
of buildings and the location and height of buildings hereafter erected
or altered and regulating and determining the area of yards, courts
and other open spaces in connection with buildings hereafter erected
or altered, the City is hereby divided into the following districts:
[CC 1974 §25-2; Ord. No. 40 §3, 11-21-1960]
A.
The
boundaries of the districts designated in the previous Section shall
be as follows:
1.
District A shall comprise and include all of the lands located and
situated within the corporate limits of the City, such corporate limits
being all that part of Lake Waukomis, a subdivision of land in the
County, as the boundary lines of Lake Waukomis, a subdivision of land,
are established and designated on the recorded plat of Lake Waukomis,
which plat is recorded in plat book 4, page 32 at the Recorder of
Deeds office in the County; except, that from District A that part
of the land shown on the plat of Lake Waukomis and marked and designated
as park and parkway areas shall be excluded, which parks and parkway
areas are hereinafter zoned in District B.
2.
District B shall comprise and include all of the land designated
as parks and parkways on the plat of Lake Waukomis, a subdivision
of land in the County, which plat is recorded in plat book 4, page
32 at the Recorder of Deeds office in the County.
[CC 1974 §25-3; Ord. No. 40 §4, 11-21-1960]
A.
Except
as hereinafter provided:
1.
No buildings or structures shall be erected, moved, reconstructed
or structurally altered, nor shall any building, structure or land
be used for any purpose other than is permitted in the district in
which such building, structure or land is situated.
2.
No building or structure shall be erected, moved, extended, enlarged,
reconstructed or structurally altered to exceed the height or area
limits established in this Chapter for the district in which such
building or structure is situated.
3.
No light area shall be reduced or diminished so that the yards or
other open spaces shall be smaller than prescribed by this Chapter,
nor shall the density of population be increased in any manner except
in conformity with the regulations established in this Chapter.
[CC 1974 §25-4; Ord. No. 40 §9, 11-21-1960]
In interpreting and applying the provisions of this Chapter,
they shall be held to be the minimum requirements for the promotion
of health, safety, morals, comfort and general welfare. Wherever the
zoning regulations of this Chapter require a greater width or size
of yards, courts or other open spaces or require a lower height of
building or a fewer number of stories or require a greater percentage
of lot to be left unoccupied or require a lower density of population
or require a more restricted use of land or impose other higher standards
than are required in any other Statute, local ordinance or regulation,
private deed restrictions or private covenants, the provisions of
the regulations made under authority of this Chapter shall govern.
[CC 1974 §25-5; Ord. No. 40 §15, 11-21-1960]
There is hereby created a Zoning Commission of the City, which
Commission shall consist of five (5) members to be appointed by the
Board of Aldermen as hereinafter provided. The members of the Commission
shall be free holders of this City. The members for the first (1st)
Commission appointed following the adoption of this Chapter shall
serve respectively as follows: one (1) for one (1) year, one (1) for
two (2) years, one (1) for three (3) years, one (1) for four (4) years
and one (1) for five (5) years. Thereafter members shall be appointed
for a term of five (5) years each.
[CC 1974 §25-6; Ord. No. 40 §15, 11-21-1960]
The powers and duties of the Zoning Commission shall be as set
forth and provided in this Chapter and as set forth and provided by
law. Vacancies on the Zoning Commission shall be filled by appointment
made by a majority vote of the Board of Aldermen for the unexpired
term of any member whose term becomes vacant.
[CC 1974 §25-7; Ord. No. 40 §12, 11-21-1960]
A.
There
is hereby created the office of Enforcement Officer. Such officer
shall be appointed by a majority vote of the members of the Board
of Aldermen and shall serve at the will of the Board of Aldermen and
not for any definite term. His/her compensation, if any, shall be
fixed by the Board of Aldermen.
B.
Any
person aggrieved by any act or ruling of the Enforcement Officer may
appeal in writing to the Board of Adjustment for final disposition.
[CC 1974 §25-8; Ord. No. 40 §13, 11-21-1960; Ord. No. 522, 9-12-2018]
A.
It
shall be the duty of the Enforcement Officer to enforce the provisions
of this Chapter and to refuse to issue any building permit for any
building or structure which will violate any of the provisions of
this Chapter.
B.
The
Enforcement Officer is hereby authorized and instructed and authorized
to take all steps and institute any legal proceedings necessary in
connection with the enforcement of this Chapter, including, but not
limited to, issuance of citations, civil actions and abatement activity
regulation.
C.
Other
than the issuance of citations, the Enforcement Officer is hereby
authorized and instructed to take all steps and institute any legal
proceedings necessary in connection with the enforcement of this Chapter;
provided that prior to instituting any civil action for the purpose
of enforcing the provisions of this Chapter, the Enforcement Officer
shall first obtain the consent thereto of the Board of Aldermen, which
consent shall be granted by a majority of the members of the Board.
[CC 1974 §25-9; Ord. No. 40 §14, 11-21-1960]
No building or other structure shall be erected, reconstructed
or enlarged, nor shall it be altered in such a manner as to prolong
the life of the building, nor shall the use of any land be changed
without first obtaining a permit from the Enforcement Officer, which
permit shall be issued in accordance with the terms of this Chapter.
[CC 1974 §25-10; Ord. No. 40 §14, 11-21-1960]
No permit shall be issued unless there shall first be filed
in the office of the Enforcement Officer, by the applicant therefor,
information satisfactory to the Enforcement Officer, which information
shall include a plan in duplicate, drawn to scale, correctly showing
the location and actual dimensions of the lot to be occupied, the
dimensions and location on the lot of the building to be erected,
constructed, reconstructed, enlarged or altered with measurements
from all lot lines to foundation lines of the building, together with
a true statement, in writing, signed by the applicant, showing the
use for which such building or premises is arranged, intended or designed.
No permits shall be issued by such Enforcement Officer unless such
plan or information shall show that such building or structure shall
conform in all particulars with the provisions of this Chapter. A
record of such application and plan shall be kept in the office of
the Enforcement Officer. The Enforcement Officer shall have the power
to revoke any permit which has been issued in case of violation of
the conditions of such permit. Application and permit forms shall
be obtained and furnished by the Enforcement Officer at the expense
of the City.
[CC 1974 §25-12; Ord. No. 40 §8, 11-21-1960]
A non-conforming use, building or structure existing at the
time of adoption of this Chapter or any amendment thereof may be maintained,
but not structurally altered or changed to a conforming use. Such
non-conforming use shall not be expanded or re-established if discontinued,
nor shall it be continued if the structure or building be damaged
to the extent of seventy-five percent (75%) of its reproduction cost
when new.
[CC 1974 §25-13; Ord. No. 40 §10, 11-21-1960]
The regulations imposed and the districts created under this
Chapter may be amended, from time to time, by the Board of Aldermen
by an order; provided that a hearing on such proposed amendment shall
first have been had before the Zoning Commission; and provided further,
that a notice of such hearing shall be given as provided by law. Such
notice shall be as prescribed in Section 89.050, RSMo., and amendments
thereto; provided further, that in the event of a protest against
such amendment filed in writing with the Zoning Commission and signed
and acknowledged by the owners of ten percent (10%) or more either
of the areas of the land, exclusive of streets, included in such proposed
amendment or within an area determined by lines drawn parallel to
and one hundred eighty-five (185) feet from the boundaries of the
district proposed to be changed, such amendments shall not become
effective except by the favorable vote of three-fourths (¾)
of all of the members of the Board of Aldermen.
[CC 1974 §25-14; Ord. No. 40 §11, 11-21-1960]
All notices required to be published under the provisions of
this Chapter or the laws of this State with reference to any act to
be done or performed as herein provided shall be published in a newspaper
printed and published in the County and qualified to take legal publications.
[CC 1974 §25-15; Ord. No. 40 §18, 11-21-1960]
A.
In
case any building or structure is erected, constructed, reconstructed,
altered, converted or maintained or any building, structure or land
is used in violation of Sections 89.010 to 89.140, RSMo., or of any
ordinance or other regulation made under authority conferred thereby,
the proper local authorities of the municipality, in addition to other
remedies, may institute any appropriate action or proceedings to prevent
such unlawful erection, construction, reconstruction, alteration,
conversion, maintenance or use to restrain, correct or abate such
violation, to prevent the occupancy of such building, structure or
land or to prevent any illegal act, conduct, business or use in or
about such premises. Such regulations shall be enforced by the Zoning
Commission or other officer authorized to issue building permits,
who is empowered to cause any building, structure, place or premises
to be inspected and examined and to order, in writing, the remedying
of any condition found to exist therein or thereat in violation of
any provision of the regulations made under authority of Sections
89.010 to 89.140, RSMo.
B.
The
owner or general agent of a building or premises where a violation
of any provision of this Chapter has been committed or shall exist
or the lessee or tenant of any entire building or entire premises
where such violation has been committed or shall exist or the owner,
general agent, lessee or tenant of any part of the building or premises
in which such violation has been committed or shall exist or the general
agent, architect, builder, contractor or any other person who commits,
takes part or assists in any such violation or who maintains any building
or premises in which any such violation shall exist shall be deemed
guilty of a misdemeanor and, upon conviction, shall be punished by
a fine of not less than ten dollars ($10.00) and not more than one
hundred dollars ($100.00) for each and every day that such violation
continues; but if the offense be willful on conviction thereof, the
punishment shall be a fine of not less than one hundred dollars ($100.00)
nor more than two hundred fifty dollars ($250.00) for each and every
day that such violation shall continue or by imprisonment in the City
Jail for ten (10) days for each and every day such violation shall
continue, or by both such fine and imprisonment.
C.
Any
such person, having been served with an order to remove any such violation,
failing to comply with the order within ten (10) days after such service
or continuing to violate any of the provisions of this Chapter in
the respect named in such order shall also be subject to a civil penalty
in the sum of two hundred fifty dollars ($250.00).
[1]
State Law Reference — For similar state law, RSMo. §89.120.
