[CC 1996 §405.010; CC 1981 §405.010; Ord. No. 379 §27.2, 7-21-1975]
The Zoning Code is adopted to promote health, safety, morals,
comfort and general welfare; to secure economic and coordinated land
use; and to facilitate the adequate provisions of public improvements.
[CC 1996 §405.020; CC 1981 §405.020; Ord. No. 379 §27.3, 7-21-1975]
A.
For
the purposes of this Article, certain words and phrases are herein
defined. Words and phrases defined herein shall be given the defined
meaning. Words and phrases which are not defined shall be given their
usual meanings except where the context clearly indicates a different
or specific meaning.
B.
Words
used in the present tense shall include the future; the singular number
includes the plural and the plural includes the singular; the word "dwelling" includes the word "residence" and the word "shall" is mandatory and not permissive.
C.
ACCESSORY BUILDING
ACCESSORY LIVING QUARTERS
ACCESSORY STRUCTURE
ACCESSORY USE
ALLEY
APARTMENT
AUTOMOBILE (VEHICLES) SALES AREA
BASEMENT
BLOCK
BOARDING HOUSE
BUILDABLE LOT WIDTH
BUILDING
BUILDING, HEIGHT OF
BUILDING LINE
CELLAR
CITY
CLINIC
CLUB
COMMISSION
COMMON LAND
COMMUNITY CENTER
CUL-DE-SAC
CURB LEVEL
DERELICT VEHICLE
DEVELOPER
DEVELOPMENT
DISTRICT
DISTRICT CLASSIFICATION
DORMITORY
DWELLING
DWELLING, MULTIPLE-FAMILY
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT (RESIDENTIAL UNIT)
EASEMENT
EASEMENT, ROAD MAINTENANCE AND IMPROVEMENT
EASEMENT, UTILITY
ENGINEER
FAMILY
FARM
FLOODPLAIN
FOSTER HOME FOR HANDICAPPED CHILDREN
FRONTAGE
GARAGE, PRIVATE
GARAGE, PUBLIC (REPAIR)
GARAGE, STORAGE
GOLF COURSE
GOLF, MINIATURE
GRADE
1.
2.
3.
GROUP HOME
GROUP HOME FOR FOSTER CARE
GROUP HOME FOR THE MENTALLY OR PHYSICALLY HANDICAPPED
GROUP HOUSING (GROUP-HOUSE ARRANGEMENT)
HOME OCCUPATION
HOSPITAL
HOTEL
HOUSE TRAILER
HOUSE TRAILER PARK
IMPROVEMENTS
JUNK YARD
KENNEL
LOT
MOTOR VEHICLE ORIENTED BUSINESS (MVOB)
PLANT NURSERY
PROPERTY LINES (LOT LINES)
PUBLIC UTILITY FACILITY
PUBLIC UTILITY FACILITY, LOCAL
RESIDENCE
RESTAURANT
RESTAURANT, DRIVE-IN
RETREAT
RIDING STABLE
ROADWAY WIDTH OR SURFACE WIDTH
SEMI-FINISHED MATERIAL
SERVICE STATION
SETBACK
SIGN
SIGN, ADVERTISING
SIGN, BUSINESS
SIGN, DIRECTIONAL
SIGN, INFORMATION
SIGN, TEMPORARY
SPECIALIZED PRIVATE SCHOOLS
STABLE, PRIVATE
STADIUM
STORY
STREET
STREET, ARTERIAL
STREET, COLLECTOR
STREET, FRONTAGE OR SERVICE
STREET, LOCAL
STRUCTURAL ALTERATIONS
STRUCTURE
SUBDIVISION
SUBSTANTIAL CONSTRUCTION, DEVELOPMENT OR WORK
TRACT
USE
USED CAR OR TRUCK
USED OR NEW AUTOMOBILE, TRUCK OR OTHER MOTOR VEHICLE DEALER
VETERINARY CLINIC
WAREHOUSE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
The
following words and phrases are defined:
Any building, the use of which is incidental to the principal
use of another structure on the same premises.
Living quarters within an accessory building located on the
same lot with the main building for the sole use of persons employed
on the premises.
Any structure, the use of which is incidental to the principal
use of another structure on the same premises.
A use incidental and subordinate to the principal use of
the premises.
A right-of-way which affords only a secondary means of access
to abutting property.
A building or portion thereof used or designed as a residence
for three (3) or more families living independently of each other.
An open area, other than a street or alley, used for the
display, sale or rental of new or used automobiles, trucks or motorcycles
and where no repair work is done except minor incidental repair of
such automobiles, trucks or motorcycles to be displayed, sold or rented
on the premises.
A story partly underground and having at least one-half (½)
of its height above the average level of the adjoining ground. A "basement" shall be counted as a story for height measurement
if subdivided and used for dwelling or business purposes.
An area of land surrounded by public highways, streets, streams,
railroad right-of-way, parks or a combination of these plus other
similar areas or facilities.
A building, other than a hotel, where lodging with or without
meals is provided for compensation for not less than three (3) and
not more than ten (10) persons.
The width of a lot minus the combined widths of the minimum
required side yards.
A structure that is permanently affixed to the land, has
one (1) or more floors, a roof and is designed or intended for use
as a shelter and includes those structures on wheels or other supports
used for business, storage or living purposes.
The vertical distance measured from the curb level to the
highest point of the roof surface, if a flat roof; to the deck if
a mansard roof; and to the mean level between the eaves and ridge
for gable, hip and gambrel roofs. For buildings set back from the
street line in excess of that required, the height of the building
may be measured from the average elevation of the finished grade along
the perimeter of the building.
That line which represents the closest points that a structure
can be erected to the front, side and rear property lines.
A story having more than one-half (½) of its height
below the average level of the adjoining ground. A "cellar" shall not be counted as a story for purposes of height measurements.
The City of Breckenridge Hills.
The group practice of medicine or dentistry for humans, including
assistants and laboratories, but not including inpatient care or operating
rooms for major surgery.
A building or a portion of a building intended to be used
as a center of informal association for selective membership not open
to the general public.
The Planning and Zoning Commission of the City of Breckenridge
Hills, previously named the Zoning Board.
That land set aside for open space or recreational use for
the owners of the residential lots in a subdivision, which land is
conveyed by the developer in fee simple absolute title by a warranty
deed to trustees whose trust indenture shall provide that said common
land be used for the sole benefit, use and enjoyment of the lot owners,
present and future. No lot owner shall have the right to convey his/her
interest in the common land except as an incident of the ownership
of a regularly platted lot.
A facility maintained by a public agency or by a not-for-profit
community or neighborhood association primarily for the social, recreational
or educational needs of the community or neighborhood.
A short street having one (1) end open to traffic and being
terminated at the other end with a circular vehicular turnaround.
The level of the established curb in front of the building
measured at the center of such front. Where no curb has been established,
the Building Commissioner shall establish such curb level or its equivalent
for the purpose of this Chapter.
An automobile, truck or other motor vehicle which has been
damaged to such an extent that it cannot operate under its own power
and will require major repairs before being made usable or does not
comply with State or municipal vehicle licensing, laws or ordinances.
That person, firm or corporation by whom a tract will be
subdivided and/or improved pursuant to the requirements of this Chapter.
The act of changing as well as the state of a tract of land
after its function has been purposefully changed by man including,
but not limited to, structures on the land and alterations to the
land.
A part or parts of the City of Breckenridge Hills for which
the Zoning Code establishes regulations governing the development
and use of land therein.
The "FP" Flood Plain, the "PS" Park and Scenic, the "R" Residence,
the "C" Commercial and the "M" Manufacturing Districts.
A building with many rooms providing sleeping and living
accommodations for a number of usually unrelated persons; usually
associated with an educational institution.
Any building or portion thereof used exclusively for human
habitation, except hotels, motels, dormitories, house trailers or
boarding houses.
A building or portion thereof designed for or occupied exclusively
by more than two (2) families.
A building designed for or occupied by one (1) family.
[Ord. No. 1243 §1, 2-22-2016]
A building designed for or occupied exclusively by two (2)
families.
A room or group of rooms located within a dwelling, each
of which forms a habitable unit for one (1) family.
A grant by a property owner to the public, a corporation
or a person for the use of land for a specific purpose.
A grant by a property owner to the City, County or State
for the purpose of road maintenance, improvement and widening.
A grant by a property owner to a public utility company for
the purpose of installation, improvement and maintenance of public
utilities or local public utilities.
A professional engineer registered in the State of Missouri.
An individual or two (2) or more persons related by blood
or marriage, or a group of not more than three (3) persons who need
not be related by blood or marriage, living together and subsisting
in common as a single non-profit housekeeping unit utilizing one (1)
kitchen. This definition includes group homes and otherwise excludes
the occupation of a dwelling by one (1) or more persons where meals
or lodging are made available in exchange for payment therefor.
[Ord. No. 1243 §1, 2-22-2016]
A parcel of land used for growing or raising of agricultural
products including related structures thereon.
A geographic area susceptible to periodic inundation from
overflow of natural waterways.
An institution providing sleeping and living accommodations
for the full-time care, training, recreation and convalescent needs
of three (3) or more physically or mentally handicapped minors.
That edge of a lot bordering a street.
An accessory building with capacity for not more than three
(3) self-propelled vehicles, which are the property of and are for
the use of the occupants of the lot on which the private garage is
located; provided that a private garage may exceed a three (3) vehicle
capacity if the lot whereon such garage is located contains not less
than three thousand (3,000) square feet for each vehicle stored and
that such vehicles shall not include such vehicles as a contractor's
equipment truck (pickup truck excepted), gasoline truck and similar
vehicles not ordinarily used incidental to domestic activities.
A building used for the care, repair and maintenance of self-propelled
vehicles and within which fuels and oils may or may not be sold.
Any building or premises, other than a private or public
garage, used solely for the housing of self-propelled vehicles pursuant
to previous arrangements; except that automobile fuels and oils are
not to be sold and motor-driven vehicles are not equipped, repaired,
hired or sold.
An area or course for playing golf consisting of at least
nine (9) holes, except miniature golf, within which the playing area
is not artificially illuminated.
A commercial recreation facility, resembling golf, containing
short "holes", the majority of which are under three hundred (300)
feet in length and primarily utilizing putting irons.
For buildings having walls adjoining one (1) street only, the
elevation of the sidewalk at the center of the wall adjoining one
(1) street only.
For buildings having walls adjoining more than one (1) street,
the average elevations of the sidewalks at the centers of all walls
adjoining the streets.
For buildings having no wall adjoining the street, the average
level of the finished surface of the ground adjacent to the exterior
walls of the building.
|
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Any wall approximately parallel to and not more than five (5)
feet from a street line is to be considered as adjoining the street.
|
A group home for foster care or a group home for the mentally
or physically handicapped.
[Ord. No. 1243 §1, 2-22-2016]
Any private residence licensed by the Division of Family
Services or the Department of Mental Health to provide foster care
to one or more but less than seven (7) children who are unrelated
to either foster parent by blood, marriage, or adoption.
[Ord. No. 1243 §1, 2-22-2016]
Any home in which reside eight (8) or fewer mentally or physically
handicapped persons, and up to two (2) additional persons acting as
houseparents or guardians, none of whom need to be related to each
other.
[Ord. No. 1243 §1, 2-22-2016]
Any combination of dwelling units comprised in two (2) or
more residential buildings designed as a functional unit on and with
the specific parcel of land on which they are erected.
A domestic activity carried on by no more than two (2) members
of a family residing on the premises and providing that there are
no signs nor any display that will indicate from the exterior of the
building that it is being utilized, in whole or in part, for any purpose
other than that of a dwelling; providing also, that there is no stock
in trade or commodity sold upon the premises, no person is employed
other than a member of the family residing on the premises and no
mechanical equipment is used except such as is customary for purely
domestic or household purposes. The keeping of not more than two (2)
roomers or boarders shall be considered a permitted home occupation.
An institution providing medical and surgical care for humans
only, for both in and out patients, including medical service, training
and research facilities.
Every building or other structure kept, used, maintained,
advertised or held out to the public to be a place where sleeping
accommodations are furnished for pay to transients or permanent guests
shall be a hotel and is to be licensed by the State of Missouri as
such; provided however, that all rooms shall be accessible through
the main entrance of said building.
A self-contained mobile structure intended to be used for
dwelling purposes which has been or reasonably may be equipped with
wheels or other devices for transporting said device.
An area designed or intended to be used as a site for occupied
house trailers.
Street pavement, sidewalk pavement, pedestrian way pavement,
water mains, storm sewers, sanitary sewers, signs, monuments, landscaping,
street lights and other similar items.
An establishment, area or place of business maintained, operated
or used for the storing, keeping, buying or selling of junk, or for
the operation of an automobile graveyard, garbage dump or sanitary
fill.
The use of land or buildings for the purpose of selling,
breeding, boarding or training dogs or cats, or both; or the keeping
of four (4) or more dogs over four (4) months of age; or the keeping
of six (6) or more cats over four (4) months of age; or the keeping
of more than five (5) dogs and cats. The word "selling", as herein used, shall not be construed to include
the sale of animals four (4) months of age or younger which are the
natural increase of animals kept by persons not operating a kennel
as herein defined; nor shall "selling" be determined
to include isolated sales of animals over four (4) months old by persons
not operating a kennel as herein defined.
A platted parcel of land intended to be separately owned,
developed or otherwise used as a unit.
Any commercial business which, by design, type of operation,
or nature of business, has as one of its functions, the provision
of services to a number of motor vehicles or its occupants in a short
time span, or the provision of services to the occupants of motor
vehicles while they remain in a vehicle. Businesses included in this
category shall have one (1) or more of the following facilities: One
(1) or more pump islands for retail sale of gasoline; or, one (1)
or more drive-thru lanes/service windows for distribution of products
or other transactions; or, an automated car wash facility.
A farm, garden or other cultivated land, together with accessory
structures, designed and intended to be used only for the cultivation
and sale of live vegetation.
The legally recorded boundary of a lot, tract or other parcel
of land.
A public utility facility serving a wide area, such as a
high voltage transmission tower or a power generating plant.
A public utility facility serving a local area only, such
as an electric substation, a water or gas pumping or regulating station
or a telephone switching center.
Any building or portion thereof which is designed or used
exclusively for residential purposes; except hotels, motels, dormitories,
boarding houses and house trailers.
An establishment where the sale of foods prepared for consumption
on the premises represents the major source of income for the establishment.
An establishment where food and/or beverage is sold to the
consumer and where motor vehicle parking space is provided and where
provisions are made to permit food and/or beverage to be consumed
in the motor vehicle or anywhere on the premises outside the main
building.
A building or groups of buildings with designated open areas
utilized and maintained for educational and religious conclaves, seminars
and similar activities by particular educational, religious, fraternal
or other groups.
A building and designated site intended or used as a shelter
for horses or ponies and which provides for the commercial boarding,
hire, sale or training of such animals.
That portion of any street between the curbs which is designated
for vehicular traffic.
Material which has gone through one (1) or more stages of
processing.
Any structure or premise used for dispensing or sale, at
retail, of automobile vehicle fuels or lubricants; including lubrication
of automobiles and replacement or installation of minor parts and
accessories; but not including major repair work such as motor replacement,
body repair and spray painting; and also excluding the sale or storage
of junk as defined herein in the definition of junk yard; and not
including the sale, display, storage (including overnight parking)
or dismantling of new or used motor vehicles or trailers in open areas.
(When the dispensing, sale or offering for sale of gasoline and/or
oil products is incidental to the conduct of a public garage, the
premises are classified as a public garage.)
The distance between the building line and the property lines.
A structure or device designed or intended to convey information
to the public in written or pictorial form.
A sign intended to attract general public interest concerning
a commercial enterprise, service, industry or other activity.
A sign which gives only basic information concerning the
existence of a commercial enterprise, service or other activity conducted,
sold or offered on the premises upon which the sign is erected.
A sign identifying entrances, exits, aisles, ramps and similar
traffic-related information.
A sign which identifies a residence, a non-commercial activity,
including historic markers, or a sign conveying cautionary and similar
information.
A sign not exceeding twenty (20) square feet in outline area
per facing which gives information concerning a product, service or
activity offered, conducted or sold on the premises upon which the
sign is erected. Said sign is not displayed for more than seven (7)
consecutive days. No more than three (3) seven (7) day display periods
shall occur in connection with any business establishment within any
twelve (12) month period.
An institution emphasizing specialized and individual instruction
for students at the grade school, junior or senior high level whose
instructional needs are not specifically being met by public school
districts.
A detached building accessory to a residential use for the
keeping of horses owned by the occupants of the premises and which
shall not be used for any commercial purpose including the boarding,
hire, sale or training of horses.
A structure, usually elliptical in shape, constructed about
a central open space or arena with tiers of seats for spectators.
That portion of a building 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 such floor and the ceiling
next above it.
A general term denoting a public or private thoroughfare
which affords the principal means of access to abutting property.
The term includes all facilities which normally occur within the right-of-way;
it shall also include such other designations as highway, thoroughfare,
parkway, throughway, road, pike, avenue, boulevard, lane, place, court,
but shall not include an alley or a pedestrian way.
A multi-lane facility designed for movement of a relatively
large volume of traffic. Arterials provide connections between local
and collector streets and the freeways.
A street located within a neighborhood or other integrated
use area which collects from and distributes traffic to local streets
and connects arterial streets.
A minor street generally parallel to and adjacent to arterial
streets and highways which provides access to abutting properties
and protection from through traffic.
Local streets are those used primarily to provide direct
access to individual lots and for local traffic movements. These serve
the local neighborhood and are often in the form of a cul-de-sac or
loop street; provided however, that any combination of loop and cul-de-sac
streets may be utilized without the streets being designed as collector
streets provided that such an arrangement serves the same function. "Loop streets" are short independent streets which usually
terminate along the same collector street of their origin. "Cul-de-sac streets" are short independent streets terminating
in a circular turnaround.
Any change in the supporting members of a building such as
bearing walls, columns, beams or girders or a substantial change in
its roof.
Any assembly of material forming a construction for occupancy
or use; excepting however, utility poles and appurtenances thereto,
underground distribution or collection pipes or cables and underground
or ground level appurtenances thereto.
The division of a parcel of land into two (2) or more parts,
tracts, lots or other designated parcels; it includes resubdivision
and, when appropriate to the context, relates to the process of subdividing
or to the territory or land subdivided.
An area or parcel of land which the developers intend to
subdivide and/or improve or to cause to be subdivided and/or improved
pursuant to the requirements of this Chapter.
As utilized in this Chapter, "use" is any
functional, social or technological activity which is imposed or applied
to land or to structures on the land.
A pre-owned motor vehicle which is available to be driven
off the lot under its own power without further repair or maintenance
work and with only minor adjustments.
A dealer in used or new automobiles, trucks, motorcycles
or recreational vehicles when purchased or sold as a unit and any
enfranchised new car dealer operating a used car or truck department.
A facility for the practice of veterinary medicine.
A structure for use as a storage place for goods, materials
or merchandise.
An open space on the same lot with a building unoccupied
and unobstructed from the ground upward except for trees and shrubbery
or except as otherwise provided herein.
A required yard extending across the front of the lot between
the side lot lines and measured between the front line of the lot
and the required front building line.
A required yard extending across the full width of the lot
and measured between the rear line of the lot and the required rear
building line.
A required yard between the required building line and the
side lot line and extending from the front yard line to the rear yard
line.
[CC 1996 §405.030; CC 1981 §405.030; Ord. No. 379 §27.4, 7-21-1975; Ord.
No. 786 §1, 12-17-1990]
For the purpose of this Title, the City of Breckenridge Hills
is divided into the following districts:
|
District Classification
|
Code Designation
| |
|---|---|---|
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"PS" Park and Scenic
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"PS"
| |
|
"R-l" Residence (9,000 square feet)
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"R-1"
| |
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"R-2" Residence (7,200 square feet)
|
"R-2"
| |
|
"R-3" Residence (6,000 square feet)
|
"R-3"
| |
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"R-4" Residence (2,000 square feet)
|
"R-4"
| |
|
"C-1" Neighborhood Commercial
|
"C-1"
| |
|
"C-2" Shopping and Service Commercial
|
"C-2"
| |
|
"C-3" Cluster Shopping and Service Commercial
|
"C-3"
| |
|
"C-4" Highway and Extensive Sales and Service Commercial
|
"C-4"
| |
|
"M-1" Manufacturing
|
"M-1"
| |
|
"DAR" Drug and Alcohol Rehabilitation
|
"DAR"
|
[CC 1996 §405.040; CC 1981 §405.040; Ord. No. 379 §27.4, 7-21-1975]
The boundaries of these districts are hereby established as
shown on the Breckenridge Hills Zoning Map, a copy of which is on
file in the office of the City Clerk and is hereby declared to be
a part of this Chapter. All district classifications, however, need
not appear on the Zoning Map at one (1) time. Said map, with all subsequent
amendments thereto, supersedes all prior Zoning Maps of the City.
Official copies of said map shall be maintained in the office of the
City Clerk and shall be public records. All subsequent amendments
to the Zoning Map shall be designated on said official copies. The
Building Commissioner may at his/her discretion cause the Breckenridge
Hills Zoning Map and its official copies thereof to be photographed,
microphotographed, photostated or reproduced on film. Said maps, when
so reproduced, shall be deemed to be an original record for all purposes.
[CC 1996 §405.050; CC 1981 §405.050; Ord. No. 379 §27.5, 7-21-1975]
A.
The
Board of Adjustment shall interpret the provisions of this Chapter.
Any area within the geographical boundaries of Breckenridge Hills,
Missouri, which is added to or becomes a part of the City shall be
in the "R-1" Residence District classification until changed by ordinance
designating another district classification to such area.
B.
Where
uncertainty exists with respect to the boundaries of the various districts
as shown on the Zoning Map, the following rules shall apply:
1.
The district boundaries are the centerlines of streets and/or alleys
unless otherwise shown. Where the districts designated on the Zoning
Map are bounded by the centerline of a street and/or alley, such centerline
shall be construed to be the boundary of such district.
2.
Where the district boundaries are not otherwise indicated or when
the property has been or may hereafter be divided into blocks and
lots, the district boundaries shall be construed to be lot lines;
and where the districts designated on the Zoning Map are bounded approximately
by lot lines, such lot lines shall be construed to be the boundary
of such district unless the boundaries are otherwise indicated on
the map.
3.
In unsubdivided property, the district boundary lines on the Zoning
Map shall be determined by use of the scale contained on such map.
C.
Whenever
a street, alley or other public way is vacated by the City Council,
the St. Louis County Council or the State of Missouri, the zoning
districts adjoining or on each side of such street, alley or public
way shall automatically be extended to the centerline of such vacation
and all area included in the vacation shall then be subject to all
appropriate regulations of the extended districts.
[CC 1996 §405.060; CC 1981 §405.060; Ord. No. 379 §27.6, 7-21-1975]
The use and development of land and structures within any zoning
district are limited to those uses and developments set forth in those
Sections of this Chapter applicable to such district.
[CC 1996 §405.070; CC 1981 §405.070; Ord. No. 290 §§1 —
4, 4-15-1968]
A.
The
owner of any rental property, residential, commercial or industrial,
within the City of Breckenridge Hills shall file the names of all
tenants of such property, together with the address of the rental
unit occupied by each such tenant, with the City Clerk of Breckenridge
Hills. Such information shall be filed by the owner.
B.
The
owner of any rental property within the City of Breckenridge Hills
shall supply to the City Clerk the name of any new tenant and the
address of the rental unit so occupied within thirty (30) days following
the change of occupancy of any rental unit within the City of Breckenridge
Hills.
C.
Any
person, the agent or employee of any corporation acting with the authority
of the owner to rent and permit the occupancy of such rental property
as is herein described shall be responsible jointly and severally
with the owner under the terms of this Section to furnish the information
required hereunder.
D.
Any owner or other person described in Subsection (C) hereof violating the provisions of this Section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine from fifty dollars ($50.00) to two hundred dollars ($200.00) for each day such delinquency shall be deemed to exist.
