[Ord. No. 646 §2]
This chapter shall be known and cited as the "Zoning Ordinance of the City of Eureka, Missouri".
[Ord. No. 646 §2]
This Chapter is adopted to update the zoning provisions of this Code, and to promote health, safety, morals, comfort and general welfare; to secure economic and coordinated land use in accord with the "Eureka City Plan"; and to facilitate the adequate provision of public improvements.
[Ord. No. 646 §2; Ord. No. 915 §2; Ord. No. 1016 §1, 3-3-1992; Ord. No. 1030 §2, 7-21-1992; Ord. No. 1185 §1, 8-1-1995; Ord. No. 1194 §§2-3, 9-19-1995; Ord. No. 1294 §1, 6-17-1997; Ord. No. 1310 §1, 9-16-1997; Ord. No. 1488 §1, 10-17-2000; Ord. No. 1525 §1, 5-15-2001; Ord. No. 1633 §1, 9-17-2002; Ord. No. 1697 §1, 6-3-2003; Ord. No. 1795 §1, 10-5-2004; Ord. No. 1821 §1, 3-1-2005; Ord. No. 2021 §1, 1-2-2008; Ord. No. 2225 §1, 7-3-2012]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section. Words used in the present tense shall include the future; the singular number includes the plural and the plural includes the singular; the word "shall" is mandatory and not permissive.
- Having a common border with, or being separated from such a common border by a right-of-way, alley or easement.
- ACCESSORY BUILDING
- Any building the use of which is incidental to the principal use of the parcel or structure thereon.
- ACCESSORY STRUCTURE
- Any structure the use of which is incidental to the principal use of the parcel or structure thereon.
- ACCESSORY USE
- Any use incidental to or directly associated with the principal use of the premises.
- ADJOINING LOT
- A lot that shares all or part of a common point or line with another lot.
- AGRICULTURAL OPERATIONS
- Any activity engaged in the commercial production of crops,
orchards, livestock, poultry, livestock products, poultry products,
and the facilities, equipment, and property used to facilitate the
activity, excluding the growing of 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 seed thereof, and resin extracted from the plant
and marijuana-infused products.[Ord. No. 2496, 8-6-2019; Ord. No. 2559, 10-20-2020
- A minor right-of-way which may provide vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.
- A physical change or an addition. The term "alter" includes renovation, modification, rehabilitation or restoration.
- ASSISTED LIVING FACILITIES
- Establishments primarily engaged in providing residential and personal care services without on-site nursing care for the elderly or other persons who are unable to fully care for themselves. The care typically includes room, board, supervision, and assistance in daily living, such as housekeeping services.
- A floored and walled substructure of a building at least fifty percent (50%) below the average finished grade of the building.
- BED AND BREAKFAST ESTABLISHMENT
- A dwelling or building in a residential district which is smaller than a hotel or motel in which lodging and/or meals are provided to the public on a transient basis for compensation; such establishment may also operate a full-service restaurant, not including drive-in, drive-thru or curb service, within said dwelling or building.
- BOARDING HOUSE
- A building other than a hotel where, for compensation, meals, or lodging and meals, are provided for a minimum of three (3) but not more than ten (10) persons.
- BODY ART ESTABLISHMENT
- An individual or entity providing tattoo services or piercing
of the skin on any body part below the neckline. In the case of body
piercing, such activity is permissible without City legislative authority
if the service is ancillary to the principal use such as in the case
of a hair salon or barber shop.[Ord. No. 2341 §1, 8-4-2015]
- BUFFER YARD
- An area that contains extensive landscape material and/or a decorative wall or similar material designed to screen from view a particular land use or activity.
- A roofed structure that is affixed to the land and is designed or intended for use as a shelter for persons, animals and/or property.
- BUILDING, HEIGHT OF
- The vertical distance measured from the average elevation of the finished grade along the front of the building to the highest point of the roof surface, if a flat roof; to the deck line of mansard roofs; and to the mean height level between eaves and ridge for gable, hip and gambrel roofs.
- A place designed to accommodate travelers or persons seeking overnight accommodations via use of tents, camper trailers or recreational vehicles.
- An accessory building that may or may not be attached to a principal building, that provides space for the parking or storage of one (1) or more motor vehicles, and, if enclosed, is enclosed on not more than three (3) sides.
- CHILD CARE CENTER
- A child care center, whether known or incorporated under
another title or name, is a child care program conducted in a location
other than the provider’s permanent residence, or separate from
the provider’s living quarters, and licensed by the Department
of Health and Senior Services of the State of Missouri where care
is provided for children not related to the child care provider for
any part of the twenty-four-hour day.[Ord. No. 2496, 8-6-2019; Ord. No. 2559, 10-20-2020
- At a minimum, a church includes a body of believers or communicants
that assembles regularly to worship. Unless the organization is reasonably
available to the public in its conduct of worship, its educational
instruction, and its promulgation of doctrine, it cannot fulfill the
associational role that courts have increasingly adopted as a threshold
for determining when an organization qualifies as a church. Other
key factors to consider include whether the organization has a distinct
legal existence, recognized creed and form of worship, definite and
distinct ecclesiastical government, a formal code of doctrine and
discipline, distinct religious history, membership not associated
with any other church or denomination, organization of ordained ministers,
ordained ministers selected after completing prescribed studies, literature
of its own, established places of worship, regular congregations and
regular religious services.[Ord. No. 2496, 8-6-2019; Ord. No. 2559, 10-20-2020
- The group practice of medicine or dentistry for humans, but not including in-patient care or operating rooms for major surgery.
- COMMON LAND
- 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 such 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 multi-unit dwelling, with unit owners each enjoying exclusive ownership of his/her individual apartment or unit, holding a fee simple title thereto, while retaining an undivided interest, as a tenant in common, in the common facilities and areas of the building and grounds which are used by all the residents; as developed under the requirements of Chapter 448 of the Revised Statutes of Missouri.
- DAY CARE HOME
- A family home occupied by the day care provider in which care is given to four (4) people or less, not related to the day care provider, for any part of the twenty-four (24) hour day.
- DAY NURSERY
- A group program providing care for more than four (4) people in a facility, other than a family home, for any part of the twenty-four (24) hour day.
- A project involving the construction, reconstruction, redevelopment, conversion, structural alteration, relocation or enlargement of any structure; or any use or extension of land; any of which has the effect of increasing the requirements for capital improvements, and which requires either the approval of a plat pursuant to the City's subdivision regulations, the issuance of a building permit, or connection to the City's wastewater sewer system.
- A section or sections of the City for which the regulations governing the height, area and use of the buildings and premises are the same.
- A residential building divided into two (2) dwelling units.
- DWELLING, MULTIPLE
- A building or portion thereof designed for or occupied by more than two (2) families.
- DWELLING, SINGLE-FAMILY
- See "dwelling, single-family detached."
- DWELLING, SINGLE-FAMILY ATTACHED
- A dwelling which is designed for or occupied exclusively by one (1) family, but having a common party wall with another single-family dwelling with each dwelling on a separate lot of individual ownership.
- DWELLING, SINGLE-FAMILY DETACHED
- A building which is designed for or occupied exclusively by one (1) family and is separate from any other building except accessory buildings.
- DWELLING, TWO-FAMILY
- A building designed for or occupied exclusively by two (2) families.
- DWELLING UNIT
- One or more rooms with direct access to the outside or to a public hallway located in a residential building or residential portion of a building which are arranged, designed, used or intended for use as a complete, independent living facility for no more than one (1) family and which includes permanent provisions for living, sleeping, eating, cooking and sanitation.
- One (1) or more persons, related or unrelated, living together as a single integrated household unit, or a non-profit group of persons who live together sharing household responsibilities and daily activities, who also share a close social, economic and psychological commitment to each other. A family does not include large living groups such as dormitories, fraternities, sororities or lodging houses. There shall be at least one hundred fifty (150) square feet of floor space for the first (1st) occupant, and one hundred (100) square feet of floor space for each additional occupant. Floor space is calculated using the total enclosed area of the dwelling unit. A family may not have more than one (1) registered sex offender residing in a dwelling unit.
- An area which is used for the growing of the usual farm products such as vegetables, fruit, trees and grain, and for their parking or storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep and swine, subject to distance limitations from residential property and not including the commercial feeding of garbage or offal to swine or other animals, such as mice, rats, rabbits, etc. The term "farm" also includes dairy farms.
- FARM AND TRUCK GARDEN
- An area which is used for the growing of the usual farm products
such as vegetables, fruit, trees and grain, and for their parking
or storage on the area, as well as for the raising thereon of the
usual farm poultry and farm animals, such as horses, cattle, sheep
and swine, subject to distance limitations from residential property
and not including the commercial feeding of garbage or offal to swine
or other animals, such as mice, rats, rabbits, etc. The term "farm"
also includes dairy farms. The term "farm and truck garden" does not
include the growing of 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 seed thereof and resin extracted from the plant and marijuana-infused
products.[Ord. No. 2496, 8-6-2019; Ord. No. 2559, 10-20-2020
- The floodway and floodway fringe area of the Meramec River and its tributaries and other natural waterways which have a one percent (1%) chance of flooding in any given year as determined by the 1977 U.S. Army Corps of Engineers Study, as may be amended.
- The land area covered by a building or structure.
- The edge of a lot bordering a street.
- FRONTAGE, LOT
- See "lot, frontage."
- GARAGE OR CARPORT, PORTABLE
- A structure intended for the shelter or storage of self-propelled vehicles which is comprised of a self-supporting assemblage of material and is not permanently attached to a footing and foundation in compliance with City Building Codes. The Building Commissioner shall make a determination as to if a proposed structure is subject to this definition and any regulations relating thereto.
- GARAGE, PRIVATE
- An accessory building with capacity for not more than four (4) self-propelled vehicles for storage only; provided, that a private garage may exceed a four (4) vehicle capacity if the lot whereon such garage is located contains not less than two thousand (2,000) square feet for each vehicle stored, and that the self-propelled vehicles shall not include commercial contractors' equipment, gasoline trucks and similar vehicles not ordinarily used incidental to domestic activities.
- GARAGE, PUBLIC
- Any building or premises, except those used as a private or storage garage, used for equipping, repairing, hiring, selling or storing motor-driven vehicles for profit.
- GARAGE, STORAGE
- Any building or premises, used for housing only, of motor-driven vehicles pursuant to previous arrangements, and not to transients, at which automobile fuels and oils are not sold and motor-driven vehicles are not equipped, repaired, hired or sold.
- GOLF COURSE
- An area or course for playing golf, except miniature golf, consisting of at least nine (9) holes within which the playing area is not artificially illuminated.
- The finished ground level of a site.
- GROUP HOME
- A building with an exterior appearance similar to a single-family residence which houses eight (8) or fewer unrelated mentally or physically handicapped persons and may include two (2) additional persons acting as house-parents or guardians, but does not include a half-way house.
- HOME OCCUPATION
- An activity carried on by no more than two (2) members of
a family residing on the premises, but excluding auto repair shops,
beauty shops, barbershops, nursing homes, massage and other establishments
offering services to the general public, except as provided herein
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
and no mechanical equipment is used except such as is customary for
purely domestic or household purposes. An instructor in singing, violin,
piano or other individual musical instrument, limited to two (2) pupils
at a time, who offers such skilled services to clients and is not
professionally engaged in the purchase or sale of economic goods shall
be considered a permitted home occupation. Persons other than those
residing on the premises may be employed by the authorized operator
of a home occupation, provided that said persons do not engage in
any home occupation-related activities or park their vehicles at the
subject premises. All persons desirous of operating a home occupation
must apply for and receive a business license prior to the operation
of same. At the time of business license application, the applicant
must execute an agreement acknowledging that they have read, understood
and agree to comply with all home occupation provisions. Any premises
utilized for a home occupation is subject to inspection by the City
to ensure initial and continued compliance with all home occupation
provisions.[Ord. No. 2423 § 1, 9-5-2017]
- A building in which lodging or lodging and meals is provided to the public on a transient basis for compensation, and which will accommodate more than ten (10) persons for lodging; provided, that all rooms shall be accessible through the main entrance of the building, and a lobby provided for the mutual use and benefit of all occupants.
- JUNK YARD
- The use of more than two hundred (200) square feet of the area of any lot, whether inside or outside a building, or the use of any portion of that half of any lot that adjoins any street, for the storage, keeping or abandonment of junk including scrap metal or other scrap materials, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery, or parts thereof.
- 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 keeping 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.
- LIFE CARE FACILITY
- A place or places in which a provider undertakes to provide a resident with nursing services, medical services or personal care services, in addition to maintenance services, for a term in excess of one (1) year or for life pursuant to a life care contract. The term also means a place or places in which a provider undertakes to provide such services to a non-resident.
- LIQUID AND GASEOUS NICOTINE PRODUCT ESTABLISHMENT
- An individual or entity selling nicotine based products in
a liquid or gaseous state as a sole or substantial portion of overall
sales or product display area as determined by the City.[Ord. No. 2341 §1, 8-4-2015]
- An individual parcel of land.
- LOT, CORNER
- A lot situated at the junction of two (2) or more streets or places.
- LOT, DEPTH OF
- The mean horizontal distance between the front and rear lot lines.
- LOT, DOUBLE FRONTAGE
- A lot having a frontage of two (2) non-intersecting streets, as distinguished from a corner lot.
- LOT, INTERIOR
- A lot bounded by a street on only one (1) side.
- (1) On lots which are not located on curved streets, the minimum lot frontage shall be measured at the right-of-way line.
- (2) On lots which are located on the outside of a curved street or on a cul-de-sac, the minimum lot frontage shall be measured at a line tangent to the curve, centered on the lot at the front building line.
- (3) On lots which are located on the inside of a curved street, the minimum lot frontage shall be measured as the chord dimension for an arc having a radius of fifty (50) feet less than the radius of the building line.
- LOT LINES
- The lines bounding a lot as defined herein.
- LOT OF RECORD
- A lot which is part of a subdivision, the plat of which has been recorded in the office of the St. Louis County Recorder of Deeds, or a parcel of land described by metes and bounds, which has been recorded in the office of the St. Louis County Recorder of Deeds.
- MARIJUANA OR MARIHUANA
- 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
seed thereof and resin extracted from the plant and marijuana-infused
products. Marijuana 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. 2496, 8-6-2019; Ord. No. 2559, 10-20-2020
- MARIJUANA-INFUSED PRODUCTS
- 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 concentrates.[Ord. No. 2496, 8-6-2019; Ord. No. 2559, 10-20-2020
- MEDICAL MARIJUANA CULTIVATION FACILITY
- A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport and sell marijuana only to a
medical marijuana dispensary facility, a medical marijuana testing
facility or a medical marijuana-infused products manufacturing facility.[Ord. No. 2496, 8-6-2019; Ord. No. 2559, 10-20-2020
- MEDICAL MARIJUANA DISPENSARY FACILITY
- A facility licensed by the State of Missouri to acquire,
store, sell, transport, and deliver marijuana, marijuana-infused products
and drug paraphernalia used to administer marijuana as provided for
in this section to a qualifying patient, a primary caregiver, another
medical marijuana dispensary facility, a medical marijuana testing
facility, or a medical marijuana-infused products manufacturing facility.[Ord. No. 2496, 8-6-2019; Ord. No. 2559, 10-20-2020
- MEDICAL MARIJUANA TESTING FACILITY
- A facility certified by the State of Missouri, to acquire,
test, certify and transport marijuana.[Ord. No. 2496, 8-6-2019; Ord. No. 2559, 10-20-2020
- MEDICAL MARIJUANA TRANSPORTATION FACILITY
- A facility certified by the State of Missouri to transport
marijuana to a qualifying patient, a primary caregiver, a medical
marijuana cultivation facility, 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. 2559, 10-20-2020
- MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
- A facility licensed by the State of Missouri, to acquire,
store, manufacture, transport, and sell marijuana-infused products
to a medical marijuana dispensary facility, a medical marijuana test
facility or to another medical marijuana-infused products manufacturing
facility.[Ord. No. 2496, 8-6-2019; Ord. No. 2559, 10-20-2020
- MOBILE HOME TRAILER COACH PARK
- A development where trailers are located which are used for dwelling purposes.
- A building or group of buildings in which lodging or lodging and meals is provided to the public on a transient basis for compensation.
- NON-CONFORMING USE OR STRUCTURE
- Any use or structure which existed lawfully on the date this Zoning Ordinance or any amendment thereto became effective and which fails to conform to one (1) or more of the applicable regulations of the Zoning Ordinance or such amendments thereto.
- NURSING HOME
- An establishment which provides full-time domiciliary, convalescent or chronic care for individuals who, by reason of chronic illness, infirmity or age, are unable to care for themselves.
- NURSERY SCHOOL
- A pre-kindergarten school for children, primarily between three (3) and five (5) years of age.
- OUTDOOR DISPLAY AREAS
- Includes any area where selected samples of inventory being displayed for sale are in public view.
- OUTDOOR STORAGE AREAS
- Includes any area where items such as vehicles, equipment, business inventory or supplies are stored either permanently or temporarily.
- An area open to the general public and reserved for recreational, educational or scenic purposes.
- A road or roadway intended to be used primarily for passenger vehicles and developed with a park-like or scenic character, with recreational uses.
- PARKING SPACE
- A durable, dust-proof, surfaced area, enclosed in the main building, in an accessory building or unenclosed, sufficient in size to store one (1) standing motor vehicle, including the necessary driveway and space between motor vehicles on the parking lots. The driveways connecting a parking space with a street or alley shall provide satisfactory ingress and egress of motor vehicles and shall be designed to prevent all possible traffic and fire hazards. All such areas shall be paved with an asphaltic concrete or Portland cement concrete and shall have appropriate curb stops as required by the City.
- PERMITTED USE
- A use allowed by right in a zoning district and subject to the restrictions applicable to that zoning district.
- PLACES OF WORSHIP
- See "church or place of worship."
- PLANT NURSERY
- 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.
- A place or area adjacent to the main structure, and shall include any porch, patio, walkway or deck. An unenclosed or uncovered front porch may extend up to ten (10) feet into the minimum front yard. An enclosed or covered front porch must conform with the front yard requirements of the main structure.
- Restricted to a selected individual or group; not public in nature.
- PRIVATE CLUB
- An association of persons, whether incorporated or unincorporated, organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise; provided, that the activities of such association shall not be in violation of any Federal, State, County or municipal laws in effect.
- Open to common or general use by the public on an unrestricted basis.
- PUBLIC CAMPGROUND
- An area containing one (1) or more structures and/or used for the parking of one (1) or more tents, trailers or recreational vehicles designed or intended to be used for temporary living facilities for one (1) or more families and intended primarily for automobile transients or other tourists, on a limited basis for not more than fifteen (15) days.
- PUBLIC UTILITY FACILITY, LOCAL
- A public utility facility serving a local area only, such as an electric substation or a water or gas pumping or regulating station or a telephone switching center.
- QUALIFYING PATIENT
- A Missouri resident diagnosed with at least one (1) qualifying
medical condition.[Ord. No. 2496, 8-6-2019; Ord. No. 2559, 10-20-2020
- A building or group 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.
- RIGHT-OF-WAY LINE
- A dividing line between a lot, tract or parcel of land and a contiguous street (formerly Street Line).
- SANITARY LANDFILL
- A type of operation in which refuse or earth or other suitable cover material is deposited in alternate layers of specified depth in accordance with a definite plan on a specified portion of open land, with each layer being compacted by force applied by mechanical equipment.
- Any building which is regularly used as a public, private
or parochial elementary and/or secondary school or high school.[Ord. No. 2496, 8-6-2019; Ord. No. 2559, 10-20-2020
- A method of visually shielding or obscuring one (1) abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation.
- SEMI-FINISHED MATERIAL
- Material which has gone through one (1) or more stages of processing.
- SERVICE STATION
- Any structure or premises used for dispensing or retail sale of automotive 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 and fender repair or spray painting.
- STABLE, PRIVATE
- A detached building accessory to a residential use for the keeping of not more than two (2) horses owned by the occupants of the premises; provided, that the capacity of the stable may be increased if the premises whereon such stable is located contains an area of not less than one (1) acre for each additional horse accommodated. The boarding, hiring, selling or training of horses for any commercial purpose shall not be allowed.
- STABLE, RIDING
- A building and designated site intended or used exclusively as a shelter for horses which provides for the boarding, hire, sale or training of such horses.
- 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 the floor and the ceiling next above it.
- STORY, HALF
- A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet (3) 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 public or private right-of-way which provides access to abutting properties.
- STRUCTURAL ALTERATIONS
- Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof or exterior walls.
- Any assemblage of material forming a construction for occupancy or use, excepting underground distribution or collection pipes or cables and underground or ground level appurtenances thereto.
- SUMMER DAY CAMP
- A program providing adult supervised indoor and outdoor activities for up to thirty (30) children from ages five (5) through twelve (12), on weekdays from 9:00 A.M. through 3:00 P.M. during the months of May through August. Specific conditions associated with the operation of summer day camps including activities, structures, setbacks and performance standards may be imposed in connection with site specific consideration given to same.
- Any structure used or capable of being used for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirting, and which is, has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place whether by motive power or other means. The term trailer shall include camp car and house car. A permanent foundation shall not change its character if the structure can be removed therefrom practically intact.
- A depot building or area specifically designated for the storage or transfer of persons or materials, or temporary storage and service of operable vehicles used in the transport of persons, goods or materials.
- Any functional, social or technological activity which is imposed or applied to land or to structures on the land.
- A structure for use as an interior storage place for goods, material or merchandise.
- 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. In measuring a yard for the purpose of determining the width of a side yard, the depth of the front yard or the depth of the rear yard, the mean horizontal distance between the lot line and the main building shall be used.
- YARD, FRONT
- The minimum horizontal distance from the street right-of-way to any portion of the main building, excluding roof overhang. Corner lots shall be considered to have a front yard along both street frontages.
- YARD, REAR
- The minimum horizontal distance from any portion of the main building foundation to the rear lot line. On both corner lots and interior lots, the rear yard shall be at the opposite end of the lot from the front yard. The location shall be determined by the location of the main entrance to the lot.
- YARD, SIDE
- The minimum horizontal distance from any portion of the main building foundation to the side lot line on interior lots.
- ZONING COMMISSION
- The Zoning Commission of the City, including references to the Planning and Zoning Commission, Planning and Zoning Board or the Zoning Board.
[Ord. No. 646 §2; Ord. No. 1511, 2-20-2001; Ord. No. 1633 §2, 9-17-2002]
For the purpose of this Chapter, the City is divided into the following zoning districts:
[Ord. No. 646 §2]
The boundaries of the zoning districts are indicated upon the zoning district map of the city, which map is made a part of this chapter. The zoning district map of the city, and all the notations, references and other matters shown thereon, shall be as much a part of this chapter as if the notations, references and other matters set forth by the map were all fully described herein; such zoning district map is attested and is on file in the office of the city clerk.
[Ord. No. 646 §2]
All territory which may be annexed to the city shall automatically be classed as having the same land use, area, height, yard and intensity of use regulations as authorized by the St. Louis County zoning Ordinance in effect at the time the area is unincorporated until such classification shall have been changed by an amendment to this chapter, as provided by law.
[Ord. No. 646 §2]
All areas within the boundaries of the city which are under water and not shown as included within any district shall be subject to all of the regulations of the district which immediately adjoins the water area. If the water area adjoins two or more districts the boundaries of each district shall be construed to extend into the water area in a straight line until they meet the other district.
[Ord. No. 646 §2]
Whenever any street, alley or other public way is vacated by official action of the board of aldermen or other public officials, the zoning districts adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts.
[Ord. No. 646 §2; Ord. No. 803 §1; Ord. No. 1633 §3, 9-17-2002; Ord. No. 1813 §1, 1-4-2005; Ord. No. 1978 §1, 6-19-2007]
Except as herein provided:
No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the district in which such building or land is located.
No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit established for the district in which such building is located.
No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which such building is located.
The minimum yards and open spaces, including lot area per family requirement, for each and every building existing on March 16, 1982, shall not be encroached upon or considered as yard or open space requirement for any other building.
Every building hereafter erected or structurally altered shall be located on a lot, and in no case shall there be more than one main building on one lot, except as provided in section 23-167.
No land dedicated for roadway purposes, either in a public or a private street or place shall be used as a yard or as any part of the required lot area prescribed by this chapter.
Off-street parking spaces shall be provided and maintained in accordance with the requirements of this chapter.
The exceptions listed below in subsection (i) to the restrictions stated in subsections (a) and (c) of this Section may be permitted by the Board of Aldermen only when an application for one of the listed exceptions has been filed according to the procedures stated in Section 23-182 (b), and the Board of Aldermen has considered and made a factual determination as to each of the following:
Possible exceptions to the restrictions stated in subsection (a) of this section are the following:
[Ord. No. 646 §2]
Where uncertainty exists with respect to the boundaries of the various districts as shown on the zoning district map made a part of this chapter, the following rules shall apply:
The district boundaries are the right-of-way center lines of either streets or alleys unless otherwise shown; and where the district designated on the map is bounded approximately by street or alley lines, the street or alley right-of-way center line shall be construed to be the boundary of such district.
In the event that a zoning district boundary line is shown on a zoning district map as following a property line or a political boundary line, the actual location of such zoning district boundary line shall govern, as determined by survey, rather than the representation of the location of such boundary line on the district map, if there is a discrepancy between the two locations.
Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines; and where the districts designated on the zoning district map are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of such district unless the boundaries are otherwise indicated on the map.
In unsubdivided property, the district boundary lines on the zoning district map shall be determined by use of the scale appearing on the map.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this chapter shall govern.