[Ord. No. 2006.19 §1, 6-12-2006]
A.
Rules. In the construction of these regulations, the provisions
and rules of this Section shall be preserved and applied, except when
the context clearly requires otherwise:
1.
Words used in the present tense shall include the future.
2.
Words in the singular number shall include the plural number and
words in the plural number include the singular number.
3.
The phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", "maintained for" and "occupied for".
4.
The word "shall" is mandatory.
5.
The word "may" is permissive.
6.
The word "person" includes individuals, firms, corporations,
associations, governmental bodies and agencies and all other legal
entities.
7.
Unless otherwise specified, all distances shall be measured horizontally.
8.
The word "City" means City of Desloge, Missouri.
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Any word or phrase which is defined in these regulations shall
have the meaning as so defined whenever the word or phrase is used
in these regulations, unless such definition is expressly limited
in its meaning or scope.
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B.
Interpretation.
1.
Minimum requirements. In their interpretation and
application the provision of these regulations shall be held to be
the minimum requirements for the promotion of the public health, safety,
morals and welfare of the City of Desloge.
2.
Overlapping or contradictory regulations. Where
the conditions imposed by any provision of these regulations upon
the use of land or structures are either more restrictive or less
restrictive than comparable conditions imposed by other provision
of any other law, ordinance, resolution, rule or regulations of any
kind, the regulations which are more restrictive shall govern.
3.
Private agreement. These regulations are not intended
to abrogate, annul or otherwise interfere with any easement, covenant
or any other private agreement of legal relationship; provided however,
that where the provisions of these regulations are more restrictive
(or impose higher standards or requirements) than such easements,
covenants or other private agreements or legal relationships, the
provisions of these regulations shall govern.
4.
Unlawful uses. No structure or use which was not
lawfully existing at the time of the adoption of these regulations
shall become or be made lawful solely by reason of the adoption of
these regulations; and to the extent that, and in any respect that,
said unlawful structure or use is in conflict with the requirements
of these regulations, said structure or use remains unlawful hereunder.
[Ord. No. 2006.19 §1, 6-12-2006]
For the purpose of this Zoning Regulation, certain terms or
words used herein shall be interpreted or defined as follows, unless
the context clearly indicates otherwise:
To discontinue one's use, rights or interest in property.
When the permitted or non-conforming use of a property has ceased
and the property has been vacant for a continuous twelve (12) month
period (six (6) months for conditional uses), abandonment of use will
be presumed unless the owner can show that a diligent effort has been
made to sell, rent or use the property for a legally permissible use.
A subordinate structure or building, the use of which is
incidental to and customarily in conjunction with the main building
or use and which is located on the same lot as the main building or
use. A structure housing an accessory use is considered an integral
part of the main building when it has any part of a wall in common
with the main building or is under an extension of the main roof and
designed as an integral part of the main building.
A subordinate use of a building or land which is incidental
to the main use and customarily associated with the main use which
is located on the same lot as the main building or use.
The City Administrator shall be the administrative official
authorized to enforce and administer the provisions of this Chapter.
The City Administrator's duly appointed representative(s) including,
but not limited to, the City Clerk and the Building Inspector assist
in the enforcement and administration of the Chapter.
A person eighteen (18) years of age or older.
Any business, premises or establishment including, without
limitation, adult bookstores, adult video stores, adult motion picture
theaters, adult mini-motion picture theaters, adult cabarets, adult
live performance theaters which have any of the following:
A significant amount of its annual gross receipts derived from:
The offering of entertainment, performances, scenes, visual
representations or other presentations which are characterized by
emphasis on depiction or description of "specified sexual activities"
or of "specified anatomical areas" as herein defined, or
The offering of stocks in trade of books, magazines, periodicals
or other printed matter or photographs, films, motion pictures, video
cassettes, slides or other photographic materials which are characterized
by emphasis on depiction or description of "specified sexual activities"
or of "specified anatomical areas" as herein defined; and instruments,
devices or paraphernalia designed for use in connection with "specified
sexual activities" as herein defined; or
A significant amount of its inventory on hand at any time consisting
of stocks in trade of books, magazines, periodicals or other printed
matter or photographs, films, motion pictures, video cassettes, slides
or other photographic materials which are characterized by emphasis
on depiction or description of "specified sexual activities" or of
"specified anatomical areas" as herein defined or paraphernalia designed
for use in connection with "specified sexual activities" as herein
defined; or
A significant amount of its floor area at any time allocated
to:
Entertainment, performances, scenes, visual representations
or other presentations which are characterized by emphasis on depiction
or description of "specified sexual activities" or of "specified anatomical
areas" as herein defined, or
The offering, display and storage of stocks in trade of books,
magazines, periodicals or other printed matter or photographs, films,
motion pictures, video cassettes, slides or other photographic materials
which are characterized by emphasis on depiction or description of
"specified sexual activities" or of "specified anatomical areas" as
herein defined and instruments, devices or paraphernalia designed
for use in connection with "specified sexual activities" as herein
defined and instruments, devices or paraphernalia designed for use
in connection with "specified sexual activities" as herein defined.
Use of land where such land is devoted to the production
of plants, animals or horticultural products, including forests and
forest products; harvest and management; dairy farming; grazing and
pasturage; truck gardening; bee keeping; the raising of crops, fruit
and nursery stock; fish farms; fur-bearing animal farms; and the harvesting,
processing, packaging, packing, shipping, marketing and selling of
products produced on the premises; incidental farm occupations; and
such uses as machinery, farm equipment and domestic repair and construction,
excluding stockyards, agricultural processing plants, commercial feedlots
and slaughterhouses. Agricultural activity shall not include the removal
of trees for the purpose of development or redevelopment or the removal
of trees without replanting.
Establishments or places of business primarily engaged in
sale from the premises of feed, grain, fertilizers, pesticides and
similar goods or in the provision of agriculturally related services
with incidental storage on lots other than where the service is rendered.
Uses also include hay, feed and grain stores and tree service firms.
See "STREET".
Any addition, removal, extension or change in the location
of any portion of a structure.
The following definitions shall apply to this Chapter. See also Article XVII "Telecommunications Towers" for specific requirements.
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ANTENNA — An arrangement of wires, metal rods or other
materials used for the transmission and/or reception of electromagnetic
waves. The derivations of or words directly associated with antenna
shall maintain the following definitions:
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1.
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ANTENNA SUPPORT STRUCTURE — Any mast, pole, tripod, tower
or similar structure used to support an antenna.
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2.
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ANTENNA SYSTEM — The combination of an antenna and antenna
support structure.
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3.
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ANTENNA SYSTEM HEIGHT — The overall vertical length of
the antenna system above grade. If such system is located on a building,
the overall height shall include the height of the building.
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4.
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ANTENNA TOWER — Any structure designed for the purpose
of mounting an antenna.
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5.
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COMMUNICATION TOWER — Any structure that is designed and
constructed primarily for the purpose of supporting one (1) or more
antennas, including self-supporting lattice towers, guyed towers or
monopole towers. The term includes radio and television transmission
towers, microwave towers, common-carrier towers, cellular telephone
towers and the like. The term shall not include any support structure
including attachments of sixty-five (65) feet or less in height owned
and operated solely for use by an amateur radio operator licensed
by the Federal Communication Commission.
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6.
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MAST — Any structure or part of an antenna that has vertical
dimensions greater than five (5) times its horizontal dimension that
supports or lends support to any part of an antenna.
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7.
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RADIO TRANSMITTING AND RECEIVING ANTENNA — An array or
system of wires, tubing and supporting members mounted on a mast,
tower or building used for transmitting and/or receiving radio signals
that include, but are not limited to, citizen band and other special
frequencies.
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8.
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SATELLITE PARABOLIC OR DISH RECEIVING ANTENNA — A conical,
circular or similar shape element of any material, and all of its
supporting structures and devices, used for the reception of signals
of any frequency from an earth satellite.
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9.
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STANDARD RESIDENTIAL RECEIVING ANTENNA — An array made
up of small metal tubing and supporting members that are commonly
installed on or near residential buildings for the purpose of receiving
television or radio signals.
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See "DWELLING".
Multi-family dwelling units used or designed to be used by
older persons, persons with disabilities or other persons needing
or desiring assistance with day-to-day living matters, but not including
group homes, group housing, hospitals or convalescent care facilities.
Typical uses include retirement communities in which housekeeping
services, common dining facilities and recreational and social activities
are offered to residents.
A mechanized consumer banking device operated by a financial
institution for the convenience of its customers, whether outside
or in an access controlled facility. Automatic teller machines (ATM)
located within a building shall be considered accessory to the principal
use unless the ATM is likely to be an independent traffic generator.
An establishment or place of business primarily engaged in
automotive related sales or services. The following automotive use
types shall be defined as follows:
AUTOMOTIVE CUSTOMIZING SHOPAn establishment or place of business that primarily provides after-sales services for automobiles, including the attendant retail sales of accessories for such automobiles, such as installation, conversion and modifications to the interior or exterior of automobiles.
AUTOMOTIVE PAINT OR BODY SHOPThe use of a building or premises for the repair of automotive bodies and/or major mechanical works, straightening of body parts, painting, welding or storage of automobiles not in operable condition.
AUTOMOTIVE PARTS AND SUPPLY STOREAn establishment or place of business primarily engaged in the sale of merchandise that is associated with the use, repair or upkeep of automobiles, including service and installation, but excluding automotive repair shops.
AUTOMOTIVE RENTAL AGENCYAn establishment or place of business primarily engaged in the rental of automobiles, vans and/or trucks less than two (2) tons, including incidental parking and servicing of vehicles available for rent.
AUTOMOTIVE REPAIR SHOPAn establishment or place of business primarily engaged in the repair of automobiles or other motorized vehicles or the installation or repair of equipment or parts on motorized vehicles such as mufflers, brakes, tires, transmissions, glass and engines or engine parts, but excluding dismantling or salvage.
AUTOMOTIVE SALES AND LEASEAn establishment or place of business primarily engaged in the sale and leasing of automobiles, vans and/or trucks less than two (2) tons, including incidental parking and servicing of vehicles available for sale, lease or rent.
AUTOMOTIVE SERVICE STATIONAn establishment or place of business primarily engaged in gasoline or diesel fuel sales at retail for automobiles, recreation vehicles and motorcycles and where in addition at least one (1) of the following services is rendered: sale, replacement or servicing of spark plugs, oil, water hoses, brake fluids, batteries, distributors, tires, carburetors, brakes, fuel pumps or other automotive parts or accessories. Such use shall include establishments that provide express oil changes and sell at retail and install new automobile audio and/or video equipment.
AUTOMOTIVE TIRE STOREAn establishment or place of business primarily engaged in the sale of tires and services relating to the repair or purchase of tires for automobiles.
A place for preparing, cooking, baking and selling of these
said products on the premises.
An establishment or place of business primarily engaged in
the preparation and retail sale of alcoholic beverages for consumption
on the premises with a City and State approved liquor license, including
taverns, bars, cocktail lounges and similar uses other than a restaurant
where more than fifty percent (50%) of the total revenue is generated
by food sales.
A story below the first (1st) story as defined under "STORY".
A family home with one (1) to three (3) guest rooms, occupied
as a permanent dwelling by the proprietor, in which lodging and meals
are provided for time limited durations to not more than four (4)
groups of patrons in a twenty-four (24) hour period.
A unit of property entirely surrounded by public highways,
streets, railroad rights-of-way, waterways or other barriers (except
alleys, crosswalks or exterior boundaries of a subdivision, unless
such exterior boundary is a street or highway) or any combination
thereof.
The Board established by the City to hear and determine appeals
and variances.
The elected Board of Aldermen of the City of Desloge.
An open and unpaved ground area around the perimeter of a
tract of land that is landscaped or planted so as to provide green
space.
Any structure designed or intended for the support, enclosure,
shelter or protection of persons or property.
A building in which the principal use of the lot on which
the building is located is conducted.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs and to the mean height between eaves and ridges for gable, hip
and gambrel roofs. Height, where not regulated by feet, shall be regulated
by stories and a story shall be equal to twelve (12) feet for purposes
of measuring structures other than buildings.
The floor area of the building at grade, also known as the
building's footprint.
The Building Official of the City Desloge, Missouri, or his/her
designee.
A specialized instructional establishment that provides on-site
training of business, commercial and/or trade skills such as accounting,
data processing and repair. This classification excludes establishments
providing training in an activity that is not otherwise permitted
in the zoning district. Incidental instructional services in conjunction
with other primary use shall not be considered a business or vocational
school.
The area that falls within the centerlines of Locust Street,
Lincoln Street, Olive Street and Desloge Drive.
Temporary or permanent buildings, tents or other structures
established or maintained as a temporary living quarters, operated
continuously for a period of five (5) days or more for recreation,
religious, education or vacation purposes.
Any aggregation of shows or riding devices, games of skill
or chance or any combination of shows and riding devices or any combination
of several enterprises, such as revolving wheels, merry-go-rounds,
giant swings, panoramas, musical and theatrical entertainments or
riding devices, whether carried on or engaged in or conducted in any
field, park or in a building or enclosure and whether carried on,
engaged in or conducted as one (1) enterprise or by several concessionaires
and whether one (1) admission fee is charged for admission to all
such shows or entertainments or separate fee for admission is charged
for each amusement.
A roofed structure providing space for the parking or storage
of motor vehicles and enclosed on not more than three (3) sides.
An establishment primarily engaged in cleaning or detailing
motor vehicles, whether self-service, automatic or by hand.
An establishment engaged in the preparation of food and beverages
for consumption at another location. Catering shall not include the
manufacturing of food as defined in "light industrial" or "bakery".
Land used or intended to be used for burial or cremation
of the dead, whether human or animal, including a mausoleum or columbarium.
See the definition of "RELIGIOUS ASSEMBLY".
An organization and its premises catering exclusively to
members and their guests for social, intellectual, recreational or
athletic purposes that are conducted for profit.
A development design technique that concentrates buildings
in specific areas on a site to allow the remaining land to be used
for recreation, common open space and preservation of environmentally
sensitive features.
The pairing of two (2) nationally branded businesses in a
single establishment. The most common co-branded developments consist
of a fast-food restaurant franchise and a major branded fuel station.
Co-branded facilities may also contain as a planned use a convenience
store, car wash, ATM machine or drive-through service. Parking, signage,
landscaping and design continuity shall be in accordance with the
City's minimum requirements.
Land within a development not individually owned or dedicated
for public use, which is designed and intended for the purpose of
common use or enjoyment of the residents of the development.
See "ANTENNA".
A building to be used as a place of meeting, recreation or
social activity and not operated for profit and in which neither alcoholic
beverages or meals are normally dispensed or consumed.
A long-range plan adopted by the Planning and Zoning Commission
and the Board of Aldermen which, through a combination of text, charts
and maps, sets forth proposals for general locations of various land
uses, including streets, parks, schools, public buildings and utilities.
A single dwelling unit or commercial space under individual
ownership within a multiple tenant structure and located on a lot
having common ownership. A multi-family structure with two (2) condominiums
shall be considered a two-family dwelling and a structure with more
than two (2) condominiums shall be considered a multi-family dwelling.
(See also "Dwelling".)
A use that would not be appropriate generally throughout
a zoning district because of potential danger, smoke, noise, odor
or cause traffic congestion, but which, if controlled as to number,
area, location or relation to the neighborhood, would not be detrimental
to public health, safety, morals or general welfare.
An establishment engaged in the retail or wholesale sale
of materials used in the construction of buildings or other structures
and the outdoor storage of construction equipment or materials on
lots other than construction sites. Typical uses include lumberyards,
home improvement centers, lawn and garden supply stores, electrical,
plumbing, air-conditioning and heating supply stores, swimming pool
sales, construction contractors' storage yards and construction equipment
rental establishments.
An establishment providing bed care and inpatient services
for persons needing regular medical attention, but excluding facilities
for the care and treatment of mental illness, alcoholism, narcotics
addiction, emergency medical services or communicable disease. Typical
uses include nursing homes.
An establishment or place of business primarily engaged in
the retail sale of gasoline or diesel fuel at fuel pumps and a limited
number of products related to automobile maintenance, along with packaged
food, cold drinks, tobacco products and household convenience goods.
This use shall not include liquor stores, automobile repair facilities
or those uses allowed at an automotive repair shop.
An open, unoccupied space, other than yard, bounded on three
(3) or more sides by exterior walls of a building or by exterior walls
of a building and lot lines on which walls are allowable.
A facility providing cultural and educational services to
the public. Typical uses include museums, art museums, observatories,
planetariums, botanical gardens, arboretums, zoos and aquariums.
A business or establishment that offers for its patrons,
dancing accommodations exceeding twenty percent (20%) of the total
floor area of the establishment. Uses shall include nightclubs, private
clubs or other uses offering dancing accommodations for patrons of
any age.
A building occupied by a day care provider that receives
more than (8) eight persons for care for any part of a twenty-four
(24) hour day without overnight stays.
A family home occupied by the day care provider in which
family-like care is given to no more than eight (8) persons not related
to the day care provider for any part of the twenty-four (24) hour
day without overnight stays.
A platform constructed of wood and located in the side or
rear yard serving as a floor and located above the finished grade
that is attached to a building.
Intentional transfer by the developer to the public of ownership
of, or an interest in, land for public purpose. Dedication may be
affected by compliance with Statutes relating to dedication of land
by formal deed, by conveyance or by any other method recognized by
the laws of the State of Missouri.
The Missouri Department of Natural Resources (MDNR).
Any section of the City of Desloge within which the zoning
regulations are uniform.
Establishment where the product or service is delivered to
customers in motor vehicles either parked nearby or directly through
a window.
An establishment or business maintained for the pickup and
delivery of dry cleaning and/or laundry without the maintenance or
operation of any laundry or dry cleaning equipment or machinery on
the premises.
A building or portion thereof designed exclusively for year-round
residential occupancy, including one-family and two-family, but not
including manufactured homes, hotels, boarding houses and rooming
houses.
APARTMENTA building or portion of a building designed for or occupied by more than two (2) families living independently of each other and being located on a single lot under common ownership.
CONDOMINIUMA single dwelling unit under individual ownership within a multi-family structure and located on a lot having common ownership. A structure containing two (2) condominiums shall be considered a two-family dwelling and a structure with more than two (2) condominiums shall be considered a multi-family dwelling.
LOFTA dwelling unit placed between the roof and the uppermost story of a non-residential or mixed-use building.
SINGLE-FAMILYA building designed for or occupied exclusively by one (1) family.
SINGLE-FAMILY ATTACHED DWELLING (DUPLEX)A single lot used for two (2) dwelling units within a single building and having common ownership.
SINGLE-FAMILY ATTACHED DWELLING (VILLA, TWIN HOME OR TOWN HOME)Single-family dwellings sharing a common wall but situated on separate lots that are owned and occupied exclusively by separate families.
A right or privilege to use a portion of another's property
for a specified purpose as recorded in/with St. Francois County's
office of the Register of Deeds.
A required setback that fronts on a public street.
One (1) or more persons occupying a dwelling and living as
a single housekeeping unit, all but two (2) of whom are related to
each other by birth, adoption or marriage.
A lot or building or combination of lots and buildings intended
for the confined feeding, breeding, raising or holding of animals
specifically designed as a confinement and carried on for profit by
the owner, lessee or licensee. Commercial feedlots are not permitted
within the City of Desloge.
An enclosure or barrier constructed of posts, supports, boards,
wires, stakes, bricks, stones or rails that impairs the visibility
and wind flow.
An establishment that primarily performs central banking
functions (such as issuing currency, managing national money supply
and international reserves and acting as fiscal agent for the central
government) and accepts deposits (or share deposits) and lends funds
from these deposits and may include these services to patrons and
customers through an accessory drive-through when permitted as a conditional
or planned use. Financial services do not include pawnshops, businesses
primarily engaged in check cashing or issuing money orders or title
loan establishments or other businesses offering short-term consumer
loans secured by personal property, certificates of title to such
property, estimated tax refunds or other such collateral.
The numerical value obtained through dividing the gross floor
area of a building or buildings by the area of the lot on which the
building or buildings are located.
An establishment where food and prepackaged beverages are
sold on-site for consumption off-site. A limited amount of food preparation
on-site may also be allowed, such as a delicatessen or bakery.
A building or area in which freight brought by truck, rail
or air is processed for continued shipment by truck, rail or air.
The distance along a street line from one intersecting street
to another or from one (1) intersecting street to the end of a dead-end
street.
An establishment engaged in preparing the human deceased
for burial or cremation and arranging and managing funerals.
Any building or premises, except those used as a private
or storage garage, used for equipping, repairing, hiring, selling
or storing motor-driven vehicles. The term "repairing" shall not include
an automotive repair shop nor the rebuilding, dismantling or storage
of wrecked or junked vehicles.
A detached accessory building or portion of the main building
housing the automobiles of the occupants of the premises, provided
that no business, occupation or service is conducted for profit therein
nor space therein for more than one (1) car is leased to a non-resident
of the premises.
A retail establishment that sells gardening supplies, landscaping
tools, plants, shrubs, trees and associated products. Uses shall include
greenhouses, garden centers and plant nurseries.
A facility providing private or public golf recreation services
and support facilities. This definition shall exclude miniature golf
courses and golf driving ranges except those that are clearly accessory
uses. See "RECREATION AND ENTERTAINMENT, OUTDOOR".
Buildings or facilities owned or operated by a government
entity and providing services for the public, excluding utilities
and park and recreation services. Typical uses include administrative
offices of government agencies, Police, fire and utility billing offices.
The average level of the finished surface of the ground for
buildings.
An establishment where flowers, trees and other products
that are commonly used as landscaping in and around buildings are
grown and sold.
The total floor area designed for tenant occupancy and exclusive
use, including basements, mezzanines and upper floors, if any, expressed
in square feet measured from the centerline of joint partitions and
from the exterior surface of outside walls.
A residential home providing twenty-four (24) hour care in
a protected environment for eight (8) or less unrelated persons with
mental or physical disabilities; further and pursuant to Section 89.020.2,
RSMo., such home may include two (2) additional qualified persons
acting as house parents or guardians who need not be related to each
other or to any of the mentally or physically handicapped persons
residing in the home. A "qualified person" shall
mean a person qualified by education, training and experience or any
combination thereof for the position which they hold in the residential
group home. Group homes for occupants eighteen (18) years old or under
shall be licensed by the Missouri Department of Social Services.
Activities that present the potential for serious hazards
to human life and health. Typical uses include arsenals, atomic reactors,
explosives and fireworks manufacture, hazardous waste disposal, medical
waste disposal and radioactive waste handling.
Any substances or materials that, by reason of their toxic,
caustic, corrosive, abrasive or otherwise injurious properties, may
be detrimental or harmful to the health of any person handling or
otherwise coming into contact with such material or substance.
A facility where members or non-members use equipment or
space for the purpose of physical exercise.
A conditional use conducted in a single-family dwelling which
is:
A structure which contains rooms furnished for the purposes
of providing lodging to the public as a place where sleeping accommodations
are sought for pay or compensation by transient guests for periods
of not more than twenty-eight (28) consecutive days and having more
than two (2) bedrooms furnished for the accommodation of such guests.
An institution that:
Offers service more intensive than those required for room,
board, personal services and general nursing care;
Offers facilities and beds for use beyond twenty-four (24) hours
by individuals requiring diagnosis, treatment or care for illness,
injury, deformity, infirmity, abnormality, disease or pregnancy; and
Regularly makes available at least clinical laboratory services,
diagnostic X-ray services and treatment facilities for surgery or
obstetrical care or other definitive medical treatment of similar
extent. Hospitals may include offices for medical and dental personnel,
central service facilities such as pharmacies, medical laboratories
and other related uses.
Industry that creates external effects of noise and odors,
including uses engaged in the storage of, or manufacturing processes
using flammable or explosive materials, or storage or manufacturing
processes that potentially involve hazardous or commonly recognized
offensive conditions.
A use engaged in the manufacture, predominately from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales
and distribution of such products, but excluding basic industrial
processing.
A non-profit establishment for public use.
A required setback that does not front on a public street.
Any lot on which three (3) or more adult dogs or cats over
the age of six (6) months of age are kept.
A disposal facility, licensed by the State of Missouri, employing
an engineered method of disposing of solid waste, including demolition
and construction debris.
An establishment that is primarily engaged in the large-scale
washing or cleaning of laundry, rugs and similar materials. This definition
does not include laundromats or dry cleaning pickup stations.
An establishment or place of business primarily engaged in
retail sale for consumption off the premises of alcoholic beverages.
Uses include liquor stores, bottle shops or any licensed sales of
liquor, beer or wine for off-site consumption.
An off-street space or berth 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
and which abuts upon a street or other appropriate means of access.
A parcel of land lawfully platted in accordance with the
subdivision regulations of the City of Desloge. Provided however,
that where there exists real property within the City which has not
been subdivided, then lot (sometimes zoning lot) shall be defined
as a parcel of land under common ownership occupied or intended for
occupancy by a use permitted in this Chapter, including one (1) main
building, together with its accessory buildings, the yards, parking
and loading spaces required herein and having its principal frontage
upon a street.
LOT AREAThe total horizontal area within the boundary lines of a lot.
LOT, CORNERA lot abutting upon two (2) or more streets at their intersection.
LOT DEPTHThe mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGEA lot having frontage on two (2) non-intersecting roads, as distinguished from a corner lot. This definition shall include through lots.
LOT, INTERIORA lot other than a corner lot whose sides do not abut upon any street.
LOT WIDTHThe width of a lot at the front yard line or building line.
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Figure 1 — Lot Types
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The property boundary line of any lot. The derivations or
modifications of lot line shall maintain the following definitions.
LOT LINE, FRONTThe lot boundary abutting the street.
LOT LINE, REARAn interior lot line which is most distant from and most nearly parallel to the front lot line, except that there shall be no rear lot lines on a corner lot and all lines on a corner lot other than frontage lines are side lot lines.
LOT LINE, SIDEThe boundary of a lot which is not a front lot line or a rear lot line.
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Figure 2 — Types of Lot Lines
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The percentage of a lot or parcel which is, or will be, covered
by the principal structure(s) and accessory structure(s). Lot coverage
shall include all uses governed by a building permit including, but
not limited to, above ground pools, in-ground pools, decks, covered
patios, garages (detached and attached), sheds, carports, porches
and other similar items. Uncovered patios, driveways, sidewalks, retaining
walls and play areas shall not be included as lot coverage.
A lot which is part of a subdivision and having a plat that
has been recorded in the office of the Register of Deeds or a parcel
of land, the deed of which was recorded in the office of the Register
of Deeds prior to the adoption of this Chapter.
An economic activity involving the mechanical or chemical
transformation of materials or substances into new products including
the assembly of component parts, the manufacturing of products and
the blending of materials such as lubricating oils, plastics, resins
or liquors at a scale and intensity that is compatible with the surrounding
uses and the intent of the City's "M-1" and "M-2" Districts. See also
"Industrial, Heavy" and "Industrial, Light".
Any lot or parcel under single ownership on which two (2)
or more manufactured homes are to be located or intended to be located.
A structure, manufactured after June 15, 1976, which bears
a seal indicating compliance with the Federal manufactured home construction
and safety standards established pursuant to 42 U.S.C. Section 5403,
which is designed with the same appearance of an on-site, conventionally
built, single-family dwelling and satisfies the following additional
criteria.
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Figure 3 — Manufactured Home Residential Design
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Residential Character:
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Architectural Details:
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Manufactured Home Features:
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Pitched roof
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Landscaping
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Horizontal lap siding
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Covered entry
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Articulated massing
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Permanent masonry foundation
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Front porch
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Ornamental windows
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Double-wide manufactured home
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Enclosed garage
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Architectural shingles
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Single story, dimensional design
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An establishment primarily engaged in the display and sale
of manufactured homes.[1]
An establishment licensed by the State of Missouri that offers
therapeutic massage. The definition does not include establishments
that offer illicit sexual services under the guise of therapeutic
massage.
A facility in which source separated co-mingled recyclable
materials, such as newspapers, glass, metals and plastic containers,
are stored, flattened, crushed and/or bundled prior to shipment to
others who will use those materials to manufacture new products.[2]
An establishment providing therapeutic, preventive or corrective
personal treatment services on an outpatient basis by physicians,
dentists and other practitioners of the medical or healing arts and
the provision of medical testing and analysis services. Typical uses
include clinics and offices for doctors of medicine, dentists, chiropractors,
osteopaths, optometrists, blood banks and medical laboratories.
The extraction of metallic and non-metallic minerals, excluding
oil or natural gas. Typical uses include sand and gravel pit operations,
quarries and mines.
A building or group of buildings consisting of individual,
self-contained units leased to individuals organizations or businesses
for self-service storage of personal property.
A transportable structure larger than three hundred twenty
(320) square feet in floor area, designed to be used as a year-round
residential dwelling and built prior to the enactment of the Federal
Mobile Home Construction and Safety Act of 1974 which became effective
for all mobile home construction on June 15, 1976.
A manufactured residential structure built to a nationally
recognized and accepted construction standard published by the Building
Officials and Code Administrators International, Inc. (BOCA) or the
International Conference of Building Officials (ICBO) that is inspected
and certified at the factory so that it meets said standard. A modular
home shall have exterior structure materials and appearance similar
to the customary single-family structures, as required of a manufactured
home residential design and shall be permanently situated on a concrete
foundation.
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Figure 4 — Modular Home
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Residential Character:
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Architectural Details:
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Modular Features:
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Permanent Features:
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|---|---|---|---|
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Pitched roof
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Eave projection
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Modular units delivered to site
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Walkway and stairs
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Covered entry
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Varying depths
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Limited dimensiona design
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Formal landscaping
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Enclosed garage
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Ornamental windows
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Slab foundation
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Use of masonry
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A building or structure whose size, dimensions or location
was lawful prior to the adoption, revision or amendment of this Chapter,
but which would be prohibited or further restricted as to type or
number under the terms of this Chapter.
A lot whose area, dimensions or location was lawful prior
to the adoption, revision or amendment of this Chapter, but which
would be prohibited or further restricted under the terms of this
Chapter.
A building, structure or use of land existing at the time
of enactment of this Chapter and which does not conform to the regulations
of the district or zone in which it is situated.
A building or buildings in which elderly, chronically ill
and disabled persons who are patients therein will be provided full
support living facilities including twenty-four (24) hour nursing
supervision.
An establishment providing executive, management, administrative
or professional services, but not medical or dental services or the
sale of merchandise, except as incidental to a permitted use. Typical
uses include real estate, insurance, property management, investment,
employment, travel, advertising, law, architecture, design, engineering,
accounting and similar offices.
Any parcel of land or water essentially unimproved or otherwise
devoid of structures and paved areas set aside, dedicated, designated
or reserved for public or private use or enjoyment or for the use
and enjoyment of owners and occupants of land adjoining or neighboring
such open space.
A portion of a property outside of any building where merchandise,
goods or other items are placed in public view for the purpose of
direct sale or lease to customers.
The keeping in an unroofed, open area of any goods, junk,
material, merchandise or vehicles in the same place for more than
twenty-four (24) hours.
A lot or contiguous group of lots in single ownership or
under single control, usually considered a unit for purposes of development.
An all-weather surface (concrete, asphaltic concrete or other
comparable surface), enclosed or unenclosed for the short-term storage
of automobiles.
Area used or intended to be used for off-street parking of
operable motor vehicles on a temporary basis, other than as accessory
parking to a principal use.
An area surfaced for all-weather for the purpose of storing
one (1) parked automobile.
A park, playground or community facility owned by or under
the control of a public agency or homeowners' association that provides
opportunities for active or passive recreational activities.
An establishment or individual or business entity which lends
money on the deposit or pledge of physically delivered personal property,
other than property the ownership of which is subject to a legal dispute,
securities, printed evidence of indebtedness or printed evidence of
ownership of the personal property or who deals in the purchase of
such property on the condition of selling the property back again
at a stipulated price, shall be held and is hereby declared and defined
to be a pawnbroker. The business of a pawnbroker does not include
the lending of money on deposit or pledge of title to property.
An establishment that engages in transactions in which a
short-term cash advance is made to a consumer in exchange for a customer's
post-dated check in the amount of the advance plus a fee or in exchange
for a consumer's authorization to debit a transaction account in the
amount of the advance plus a fee at a designated future date. Uses
include check-cashing stores. The classification does not include
a State or Federally chartered bank, savings association, credit union
or industrial land company. Further, this classification does not
include establishments selling consumer goods where the cashing of
checks or money orders is incidental to the main purpose of the business.
An establishment or place of business primarily engaged in
the provision of frequent or recurrent needed services of a personal
nature. Typical uses include, but are not limited to, beauty and barbershops,
shoe repair shops and tailor shops.
The Board appointed by the Board of Aldermen to administer
the planning and zoning regulations as stipulated by the Board of
Aldermen and the Statues of the State.
A typically metal clad structure most often utilizing wooden
poles and trusses for support with unfinished, insulated interiors.
Such structures are normally used for agricultural purposes, for construction
trade storage or for general storage and not intended for human inhabitation.
A facility for the custom reproduction of written or graphic
materials on a custom order basis for individuals or businesses. Typical
processes include, but are not limited to, photocopying, blueprint
and facsimile sending and receiving and including offset printing.
The production of books, magazines, newspapers and other
printed matter and record pressing and publishing, engraving and photoengraving,
but excluding businesses involved solely in retail photocopying, reproduction,
photo developing or blueprinting services.
Offices for publicly owned utilities.
An establishment offering recreation, entertainment or games
of skill to the public for a fee or charge and that is wholly enclosed
in a building. Typical uses include bowling alleys, indoor theaters,
bingo parlors, pool halls, billiard parlors and video game arcades.
Does not include those uses considered as parks and recreation.
An establishment offering recreation, entertainment or games
of skill to the public for a fee or charge, wherein any portion of
the activity takes place in the open. Typical uses include archery
ranges, batting cages, golf driving ranges, drive-in theaters and
miniature golf courses. Does not include those uses considered as
parks and recreation.
Any of the following vehicles which are licensed for travel
on the highway:
CAMPING TRAILERA canvas, material or metal folding structure mounted on wheels and designed for travel, recreation and vacation use;
MOTOR-HOMEA portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle;
PICKUP COACHA structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation; and
TRAVEL TRAILERA vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreation or vacation or one permanently identified as a travel trailer by the manufacturer of the trailer.
Land used or intended to be used for occupancy by recreational
vehicles for transient living purposes, including the use of camping
spaces for tents.
A site used by a religious group primarily or exclusively
for religious worship and related religious services, including a
place of worship, retreat site or religious camp.
An establishment primarily engaged in the provision of repair
services to individuals and households, but excluding "vehicle repair"
services. Typical uses include appliance repair shops.
An establishment engaged in conducting basic and applied
research, including production of prototype products when limited
to the minimum scale necessary for full investigation of the merits
of a product, excluding production of products used primarily or customarily
for sale or for use in non-prototype production operations.
A use primarily engaged in the sale of food and non-alcoholic
beverages in a ready-to-consume state and where the design or principal
method of operation is that of a fast-food or drive-in restaurant
offering quick food service, where orders are generally not taken
at the customer's table, where food is generally served in disposable
wrapping or containers and where food and beverages may be served
directly to the customer in a motor vehicle.
A building wherein food is prepared and served in ready to
eat form to the public for human consumption. The term "restaurant" shall include cafe, cafeteria, grill, pizza or chili parlor, diner,
snack shop, hamburger shop and steak house.
Refers to the sale of commodities and services directly to
customers, when such commodities and services are used or consumed
by the customer and not purchased primarily for the purpose of resale.
An establishment engaged in the sale or rental of goods and
services including, but not limited to, antique shops, apparel and
accessory stores, art and supply stores, bicycle shops, book and stationery
stores, barber and beauty shops, candy and ice cream stores, cigar
and tobacco stores, dressmakers and tailors, flower and gift shops,
hobby shops, interior decorators, jewelry stores, key shops, leather
goods and luggage stores, music instrument sales and repair, photocopying
services, shoe repair and shoe shine stores, sporting and athletic
goods, toy stores and department stores; excluding uses more specifically
defined.
A structure erected for the display and sale of agricultural
products that may or may not be located on a zoning lot where the
principal use is agricultural. Requires appropriate commercial zoning
and must comply with all site and structure provisions of the applicable
zoning district and may sell up to five (5) products not of an agricultural
nature. Products sold are generally grown off the zoning lot where
such stand is located.
A facility for conduct of public safety and emergency services
including fire and Police protection services and emergency medical
and ambulance services.
An area where junk, waste, discarded or salvaged materials
are sold, exchanged, stored, baled, parked, disassembled, handled
or prepared for recycling, including auto and building salvage yards.
Any school other than a public school, including schools
owned and operated by a business establishment, a foundation or an
institution, as well as private or parochial elementary, junior or
senior high schools.
Any school operated by a public school district or by a City,
County, State or Federal Government agency.
The total floor area of a building exclusive of stairways,
restrooms, storage rooms, hallways or other areas which are not regularly
used by visitors, clients, customers, patients or patrons in their
normal everyday use of the building.
The distance that is required by this zoning ordinance to
be maintained in an unobstructed state between a structure and the
property line of the lot on which the structure is located.
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Figure 6 — Setback Lines
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 |
A use primarily engaged in the sale of diesel fuel, gasoline
or other fuels to tractor trucks, along with accessory activities
such as the sale of lubricants, accessories or supplies or the servicing
of tractor trucks or semi-trailers. A truck stop service station may
include, as an accessory use, the parking and storage of tractor trucks
and semi-trailers.
A single piece of real estate containing more than three
(3) commercial establishments and a total retail or service space
of more than twenty thousand (20,000) square feet planned, constructed
and managed as a total entity with customer and employee parking provided
on site.
The area bounded by the street right-of-way lines of corner
lots and a line joining points along said street lines thirty (30)
feet from their points of intersection. Nothing shall be erected,
placed, planted or allowed to grow within this triangular area in
a manner as to materially impede vision between a height of two and
one-half (2½) feet and eight (8) feet above the grades of the
outside edge of the street surface of the intersecting surfaces. These
requirements shall also apply to driveways serving development off
Collector and arterial roadways. The City Engineer may establish different
sight triangles based upon standards in the policy manual published
by the American Association of State Highway and Transportation Officials
(AASHTO). See diagram below.
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Figure 5 — Sight Distance Triangle
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 |
Any words, numerals, figures, devices, designs or trademarks by which information is made known to the public outside a building. (See also Article VIII.)
The use of a site for two (2) or more dwelling units that
are constructed with common or abutting walls and with each dwelling
unit located on its own separate lot. Typical uses include town houses
and twin homes.
The use of a lot for only one (1) principal dwelling unit
that is not connected to any other dwelling unit. This definition
shall include, as defined by these regulations, "manufactured homes
residential design" and "modular homes" but shall exclude "manufactured
homes".
Any of the following:
Any of the following:
Any building where horses, mules or ponies are sheltered,
fed and/or kept for hire.
A detached accessory building for the keeping of horses,
mules or ponies owned by the occupants of the premises and not kept
for remuneration, hire or sale.
That portion of a building located completely above grade,
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.
All property dedicated or intended for public or private
street, highway, freeway or roadway purposes or subject to public
or private easements thereon.
The legal line between street right-of-way and abutting property.
COLLECTOR STREETThe collector street serves as the connector street between local streets and primary arterials. It provides access to arterials from local streets and is designed for intermediate volumes. The collector street provides direct access to abutting property and should be designed to discourage its use by through traffic.
CUL-DE-SACA dead-end street that, except where unusual topographic conditions prevail, the length should be limited to one hundred fifty (150) feet and should have a design for a turnaround at the end to serve both passenger and service vehicles.
LOCAL STREETLocal streets should serve the purpose of providing access to properties within a given area. The local street is exclusively for land service, providing access to adjacent properties, which may be devoted to residential, commercial or other uses. It should be designed to carry no through traffic and serve only low speed vehicles.
PRIMARY ARTERIALAn arterial street generally serves as the principal facility for through traffic flow in the urban area. Its purpose is to collect and distribute traffic to and from principal traffic generators. In the City of Desloge, arterial streets are principally two (2) lane with right-of-way and lane capacity capable of being increased if necessary with direct access to abutting property, subject to necessary control of entrances, exits and curb uses.
Anything constructed or erected, the use of which requires
permanent location on the ground or attached to something having a
permanent location on the ground including, but without limiting the
generality of the foregoing, advertising signs, backstops for tennis
courts and pergolas.
An establishment primarily engaged in the provision of recording
or broadcasting services accomplished through the use of electronic
mechanisms.
A use which is only allowed for a specified period of time.
Typical temporary uses include, but are not limited to, Christmas
tree sales, garage sales, road stands, etc.
The square foot area of a building, including accessory buildings,
measured from outside wall surfaces and including garages, porches,
utility rooms, stairways, recreation rooms, storage rooms, but excluding
unroofed balconies and patios.
A State licensed group-care home for juvenile delinquents,
halfway houses providing residence, rehabilitation and counseling
to persons on release from a more restrictive custodial confinement
and residential rehabilitation treatment centers which also may provide
outpatient rehabilitation for alcohol and other drug abuse.
The purpose or activity for which the land or structure thereon
is designed, arranged or intended or for which it is occupied or maintained.
Generating plants; electrical switching facilities and primary
substations; water and wastewater treatment plants; water tanks; and
radio, television and microwave transmission towers; and similar facilities
of agencies that are under public franchise or ownership to provide
the public with electricity, gas, heat, steam, communication, rail
transportation, water, sewage collection or other similar service.
The term "utility" shall not be construed to include corporate or
general offices; gas or oil processing; manufacturing facilities;
postal facilities or other uses defined in this Section.
Services and facilities of agencies that are under public
franchise or ownership to provide services that are essential to support
development and that involve only minor structures, such as poles
and lines.
A variation from a specific requirement in this Chapter,
as applied to a specific piece of property, as distinct from rezoning.
A use providing education or training in business, commercial
trades, language, arts or other similar activity or occupational pursuit
and not otherwise defined as a "college or university" or "school".
An establishment primarily engaged in the storage or sale
of materials, equipment or products or sale to wholesalers or retailers.
Typical uses include cold storage, warehousing and dead storage facilities,
but exclude mini warehouses and retail establishments.
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.
FRONTA yard extending the full width of the lot between a main building and the front lot line.
REARA yard extending the full width of the lot between a main building and the rear lot line. 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 in all cases be at the opposite end of the lot from the front yard.
SIDEAn open space between the front and rear yards of a lot and between the side lot lines and the main building or any projections thereof.
A section of the zoning area for which uniform regulations
governing the use, height, area, size and intensity of use of structures,
land and open space are herein established.
The requirements stipulated in the regulations herewith attached
and shall mean the lawfully adopted zoning ordinances of the City
of Desloge.
[1]
Editor's Note: Former definitions of "Marijuana or Marihuana"
and "Marijuana-Infused Products," which immediately followed, were
repealed 11-13-2023 by Ord. No. 2023.19. Prior history includes: Ord.
No. 2019.17.
[2]
Editor's Note: Former definitions of "Medical Marijuana Cultivation
Facility," "Medical Marijuana Dispensary Facility," "Medical Marijuana-Infused
Products Manufacturing Facility" and "Medical Marijuana Testing Facility,"
which immediately followed, were repealed 11-13-2023 by Ord. No. 2023.19.
Prior history includes: Ord. No. 2019.17.
