[Ord. No. 06-04-01 §201, 4-25-2006]
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.
[Ord. No. 06-04-01 §202, 4-25-2006]
Unless otherwise expressly stated, the following terms shall
have the meanings 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:
A measure of land containing forty-three thousand five hundred
sixty (43,560) square feet.
Except as otherwise specifically provided, primary responsibility
for administering and enforcing the Fair Grove 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 regulation of which can be referenced in Chapter 610 of this Code, which can be found in the Office of Records in the Fair Grove City Hall.
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 public or private street primary designed to extend only
secondary access to the side or rear of those properties whose principal
frontage and access is on some other street.
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.
Embodying the distinctive characteristics of a period, type,
style or method of construction or use of indigenous construction
or representing the work of an important builder, architect or craftsman
who has contributed to the development of the City, County, State
or country.
That enclosed part of a building having at least two (2)
feet of its height below the average grade of the adjoining ground.
[1]A mound of earth, typically located in a buffer yard to block
noise, lights or other nuisances.
The appellate body appointed by the Fair Grove Board of Aldermen
to assist in the administration of this Chapter, pursuant to Sections
89.010 — 89.170, RSMo.
[2]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 above ground 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. 184, 11-12-2019]
The City of Fair Grove.
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.
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 Fair Grove, 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 Fair Grove 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.
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 (24) hour day. Defined
by Section 210.201, RSMo., that is licensed by the State of Missouri.
[Ord. No. 184, 11-12-2019]
A child care program where care is given by a person licensed
as a family day care home provider for more than four (4) but not
more than ten (10) children not related to the provider for any part
of the twenty-four (24) 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 (24) 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 Fair Grove, within
which certain zoning regulations apply and are uniform.
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.
Zones "R-2", "R-3" and "R-4".
A building or portion thereof designed exclusively for residential
occupancy, excluding hotels, motels, boarding, rooming 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.
"R-3" and "R-4" Districts.
A multi-family 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. "R-3" and "R-4" Districts. "R-2"
District only as a conditional use, requires approval by Board of
Aldermen.
See "DWELLING, SINGLE-FAMILY-SEMI-DETACHED".
A structure on a single lot designed for or occupied exclusively
by one (1) family. Zones "R-1" and "R-2", "C-1", "R-3" and "R-4" Districts
only if existing at the time the district is mapped. "A-1" Agricultural
District existing at the time the district is mapped or new construction
on a lot with at least three (3) acres.
A dwelling unit attached to one (1) or more dwelling units
by common vertical walls and each dwelling unit is located on a separate
lot. This definition may include the term zero (0) lot line, twin
house or patio court house. "R-1" District only as a conditional use
requires approval by Board of Aldermen.
Any public school as defined in Section 160.011, RSMo., or
any private school giving instruction in grade or grades not higher
than the twelfth grade, including any property owned by the public
or private school that is regularly used for extracurricular activities,
but does not include any private school in which education is primarily
conducted in private homes.
[Ord. No. 184, 11-12-2019]
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) borders, 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 premise 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.
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.
An area designated as a historic district by ordinance of
the Fair Grove Board of Aldermen, pursuant to the procedures prescribed
herein and which is a geographically definable area possessing a significant
concentration, linkage or continuity of sites or structures united
by past events, plan or physical development. Designation as a historic
district will be considered an overlay zoning district.
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.
A non-profit establishment for public use.
Cattle, calves, sheep, swine, ratite birds, including but
not limited to, ostrich and emu, aquatic products as defined in Section
277.024, RSMo., llamas, alpaca, buffalo, elk documented as obtained
from a legal source and not from the wild, goats, horses, other equine,
or rabbits raised in confinement for human consumption.
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 or one
(1) or more components, manufactured under the authority of 42 U.S.C.
Section 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 nine hundred (900) 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" does 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. 184, 11-12-2019]
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 concentrations.
[Ord. No. 184, 11-12-2019]
A facility licensed by the Department of Health and Senior
Services to acquire, cultivate, process, store, transport, and sell
marijuana to a medical dispensary facility, medical marijuana testing
facility, or to a medical marijuana-infused products manufacturing
facility.
[Ord. No. 184, 11-12-2019]
A facility licensed by the Department of Health and Senior
Services to acquire, store, sell, transport, and deliver marijuana,
marijuana-infused products, and drug paraphernalia used to administer
marijuana as provided for to a qualifying patient, a primary caregiver,
another medical marijuana dispensary facility, a medical marijuana
testing facility, or to a medical marijuana-infused products manufacturing
facility.
[Ord. No. 184, 11-12-2019]
A facility licensed by the Department of Health and Senior
Services to acquire, store, manufacture, transport, and sell marijuana-infused
products to a medical marijuana dispensary facility, a medical marijuana
testing facility, or to another medical marijuana-infused products
manufacturing facility.
[Ord. No. 184, 11-12-2019]
A facility certified by the Department of Health and Senior
Services to acquire, test, certify, and transport marijuana.
[Ord. No. 184, 11-12-2019]
A facility certified by the Department of Health and Senior
Services to transport marijuana to a qualifying patient, a primary
caregiver, a medical marijuana-infused products manufacturing facility,
a medical marijuana dispensary facility, a medical marijuana testing
facility, or another medical marijuana transportation facility.
[Ord. No. 184, 11-12-2019]
A transportable, factory-built home, designed to be used
as a year around 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.
A dwelling unit built to a nationally recognized and accepted
construction standard published by the Building Official's Conference
of America (BOCA) or the International Conference of Building Officials
(ICBO) 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 Fair Grove's
building regulations.
An establishment in which transient accommodations are provided
on a daily rate to the general public.
A lot existing at the effective date of this Chapter, April
25, 2006, (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, April 26,2006, 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 unit development
(PUD) 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 Fair
Grove 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.
A licensed, wheeled, recreational vehicle (motorized or non-motorized).
[Ord. No. 127, 3-14-2017]
The required minimum horizontal distance between the nearest
front, side or rear line of every structure and the front line of
the lot.
An establishment or room rented for twenty-eight (28) or
less consecutive days, with a seven (7) day waiting period for repeat
guest stay.
[Ord. No. 176, 6-25-2019]
Bed And Breakfast. A single-family dwelling, 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 tourist
or transient guests in a twenty-four (24) hour period.
Boarding House (also Lodging or Rooming House). A building other
than a hotel or apartment hotel or restaurant; 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.
Other.
Short term rentals, tourist home, vacation rental, guest house
or other similar place by whatever name called and includes accommodations
for tourist or transient guests;
Provides no meals or none other than breakfast and provides
the breakfast only to registered tourist or transient guests of the
establishment;
Owner has direct supervision and responsibility during periods
of occupancy;
If owner does not reside nearby or within the City, a contact
within the City must be provided;
Provides four (4) or fewer guest rooms for rent to no more than
a total of ten (10) tourist or transient guests.
Any words, numbers, figures, devices, designs or trademarked
by which anything is made known such as are used to designate an individual,
firm, 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 (½) 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. These functional classifications include:
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. Traffic movement and property access functions 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 centerline.
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 ordinance. If granted, must be recorded with County Recorder
of Deeds after a thirty (30) day waiting period.
The days of the week, excluding Saturdays, Sundays and recognized
holidays, during which normal business is conducted by the City of
Fair Grove.
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 wide 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: Former definition for Bed and Breakfast, which
immediately followed, was repealed 6-25-2019 by Ord. No. 176. See
now definition of Short Term Rentals.
[2]
Editor's Note: Former definition for Boarding House (also
Lodging or Rooming House), which immediately followed, was repealed
6-25-2019 by Ord. No. 176. See now definition of Short Term Rentals.
