[CC 1990 §20-169; Ord. No. 341, 5-9-2001]
This Chapter shall be known and may be cited and referred to
as the Zoning Ordinance of the City of Belle, Missouri.
[CC 1990 §20-170; Ord. No. 341, 5-9-2001]
For the purposes of this Chapter, certain terms and words are
hereby defined:
A subordinate building which is incidental to and customary
in connection with the principal building or use and which is located
on the same lot with such principal building or use.
A subordinate use which is incidental to and customary in
connection with the principal building or use and which is located
on the same lot with such principal building or use.
A public or private thoroughfare which affords only a secondary
means of access to abutting property.
A story having part but not more than one-half (½)
of its height below grade. A basement is counted as a story for the
purpose of height regulation if subdivided and used for dwelling purposes
other than a janitor employed on the premises.
A building other than a hotel where lodging and meals for
three (3) or more persons are provided for compensation.
The width of the lot left to be built upon after the side
yards are provided.
The word "building" shall include the word "structure".
Any structure having a roof supported by columns or walls
built for the support, shelter, or enclosure of persons, animals,
chattels, or property of any kind, but not including any vehicle,
trailer (with or without wheels) nor any movable device, such as furniture,
machinery, or equipment. When any portion of a building is completely
separated from any other portion thereof by a division wall without
openings or by a fire wall, then such portion shall be deemed to be
a separate building.
The vertical distance from the grade to the highest point
of the coping of a flat roof, or the deck line of a mansard roof,
or to the mean height level between eaves and ridge for gable, hip
and gambrel roof.
A story having more than one-half (½) of its height
below grade.
A child day-care center or centers, 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 (24) hour day.
[Ord. No. 592, 5-12-2020]
A building or structure(s) which by design are primarily
intended for the conducting of religious services and associated accessory
uses. At a minimum, a church includes a body of believers or communicants
that assembles regularly in order to worship and reasonably available
to the public.
[Ord. No. 592, 5-12-2020]
An establishment where patients are not lodged overnight,
but are admitted for examination and treatment by a group of physicians
or dentists practicing medicine together.
A building or portion thereof designed or used exclusively
for residential occupancy, but not including trailers, manufactured
homes, modular homes, hotels, motels, boarding houses, or tourist
homes.
A building designed for or occupied exclusively by more than
two (2) families.
A building designed for or occupied exclusively by one (1)
family.
A building designed for or occupied by two (2) families.
One (1) or more rooms in a dwelling occupied or intended
to be occupied as separate living quarters by a single family as defined
herein.
One (1) or more persons related by blood, marriage or adoption
occupying a dwelling unit as an individual housekeeping organization.
A family may include not more than two (2) persons not related by
blood, marriage, or adoption.
An area which is used for the growing of the usual farm products,
such as vegetables, fruit, trees, and grain and their storage on the
area, as well as for raising thereon of the usual farm poultry and
farm animals such as horses, cattle, sheep, and swine. The term "farming" includes the operation of such an area for one
(1) or more of the above uses, including dairy farms with the necessary
accessory uses for treating or storing the produce; provided however,
that the operation of such accessory uses shall be secondary to that
of the normal farming activities and, provided further, that farming
does not include the feeding of collected garbage or offal to swine
or other animals.
Any building or premises used for the sale, at retail, of
motor vehicle fuels, oils or accessories, of for servicing or lubrication
of motor vehicles or installing or repairing parts and accessories,
but not including the repairing or replacement of motors, bodies,
or fenders of motor vehicles, or painting motor vehicles, and excluding
public garages.
The total number of square feet of floor space within the
exterior walls of a building, not including space in cellars or basements;
however, if the cellar or basement is used for business or commercial
purposes, it shall be counted as floor area in computing off-street
parking requirements.
All the property on one (1) side of a street between two
(2) intersecting streets (crossing or terminating), measured along
the line of the street, or if the street is dead ended, then all of
the property abutting on one (1) side between an intersecting street
and the dead end of the street, but not including property more than
four hundred (400) feet distant on either side of a proposed building
or structure.
A detached accessory building, or portion of the main building,
housing the automobiles of the occupants of the premises.
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 the rebuilding, dismantling, or storage of wrecked
or junked vehicles.
The average level of the finished surface of the ground for
buildings more than five (5) feet from a street line. For buildings
closer than five (5) feet to a street line, the grade is the sidewalk
elevation at the center of the building. If there is more than one
(1) street, an average sidewalk elevation is used. If there is no
sidewalk, the Director of Public Works shall establish the sidewalk
grade.
Any dwelling occupied by not more than ten (10) persons,
including eight (8) or fewer persons with a disability as defined
in these regulations, who need not be related by blood or marriage
and not to exceed two (2) staff residents who need not be related
by blood or marriage to each other or to the residents of the home.
Any occupation or profession carried on by a member of the
immediate family residing on the premises, in connection with which
there is used no sign other than a name plate, or no display that
will indicate from the exterior that the building is being utilized
in whole or in part for any purpose other than that of a dwelling;
there is no commodity sold upon the premises; no person is employed
other than a member of the immediate family residing on the premises;
and no mechanical equipment is used except such as is permissible
for purely domestic household purposes.
A building in which lodging is provided and offered to the
public for compensation, and which is open to transient guests, in
contradistinction to a boarding house or lodging house as herein defined.
A building occupied by a non-profit corporation or a non-profit
establishment for public use.
A business that provides home-type washing, drying, or ironing
machines for hire to be used by customers on the premises.
A building or place where lodging and boarding is provided
(or which is equipped regularly to provide lodging and boarding by
pre-arrangement for definite periods), for compensation, for three
(3) or more, but not exceeding twelve (12) individuals, not open to
transient guests, in contradistinction to hotels open to transients.
Includes nursing homes and homes for the aged and infirm.
A parcel of land occupied or intended for occupancy by use
permitted in this Chapter, including one (1) main building together
with its accessory buildings, open spaces and parking spaces required
by this Chapter and having its principal frontage upon a street.
A lot abutting upon two (2) or more streets at their intersection.
The mean horizontal distance between the front and rear lot
lines.
A lot having frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
A lot or parcel of land, the deed of which has been recorded
in the office of the County Recorder of Maries/Osage County, Missouri,
prior to the adoption of this Chapter.
The mean horizontal distance measured at right angles to
its depth.
A residential dwelling built entirely in a factory under
the Federal Building Code administered by the Department of Housing
and Urban Development (HUD). These homes are constructed to meet the
Federal Manufactured Home Construction and Safety Standard Act of
June 15, 1976 (HUD Code). Excluded are travel trailers, motor homes
and modular homes.
An area where two (2) or more manufactured homes can be or
are intended to be parked, designed or intended to be used as living
facilities for one (1) or more families.
Cannabis Indica, Cannabis sativa, and Cannabis ruderals,
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. 592, 5-12-2020]
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. 592, 5-12-2020]
Marijuana that is available only by prescription and used
to treat a variety of medical conditions.
[Ord. No. 592, 5-12-2020]
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport, and sell marijuana to a medical
dispensary facility, medical marijuana testing facility, or to a medical
marijuana-infused products manufacturing facility.
[Ord. No. 592, 5-12-2020]
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 Chapter 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. 592, 5-12-2020]
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 facility.
[Ord. No. 592, 5-12-2020]
A facility certified by the State of Missouri, to acquire,
test, certify, and transport marijuana.
[Ord. No. 592, 5-12-2020]
A home that is built in two (2) or more sections in a controlled
factory setting that are then transported and assembled at a building
site. Modular homes are either built to State or local building codes
as opposed to manufactured homes, which are built in a factory setting
according to a Federal building code.
Any building or group of buildings containing guest rooms
or dwelling units, some or all of which have a separate entrance leading
directly from the outside of the building with garage or parking space
conveniently located on the lot, and designed, used, or intended wholly
or in part for the accommodation of automobile transients.
Any building or land lawfully occupied by a use at the time
of passage of this Chapter or amendment thereto which does not conform
after the passage of this Chapter or amendment thereto with the use
regulation of the district in which it is situated.
The singular number shall include the plural and the plural
the singular.
A home for the aged or infirm in which three (3) or more
persons not of the immediate family are received, kept or provided
with food and shelter or care for compensation; but not including
hospitals, clinics, or similar institutions.
An outdoor sign, display, device, figure, painting, drawing,
message, plaque, poster, billboard, or other thing designed, intended
or used to advertise or inform, any part of the advertising or information
contents of which is visible from any point of the traveled ways of
the City.
A durably surfaced area located on the same lot as the principal
building or use it is intended to serve, or an adjoining or nearby
lot, and of such shape and condition as to be suitable for required
parking of motor vehicles.
An area, enclosed or unenclosed, sufficient in size to store
one (1) automobile, together with a driveway connecting the parking
space with a street, road or alley and permitting ingress and egress
of an automobile.
A lot, together with all buildings and structures thereon.
A Missouri resident diagnosed with at least one (1) qualifying
medical condition.
[Ord. No. 592, 5-12-2020]
A vehicular unit mounted on wheels, designed to provide temporary
living quarters for recreational, camping or travel use, and of such
size or weight as not to require special highway movement permits
when drawn by a motorized vehicle or self-propelled, with a living
area of less than four hundred (400) square feet, including built-in
equipment (such as wardrobes, closets, kitchen units, or fixtures)
and bath and toilet rooms.
[Ord. No. 604, 12-22-2020]
Any building which is regularly used as a public, private
or parochial elementary and/or secondary school or high school.
[Ord. No. 592, 5-12-2020]
The word "shall" is mandatory and not directory.
An identification, description, illustration or device which
is affixed to or represented directly or indirectly upon a building,
structure or land, and which directs attention to a product, place,
activity, person, institution or business.
That portion of a building, other than a cellar, included
between the surface of any floor and the surface of the floor next
above it or, if there be no floor above it, then the space between
the floor and the ceiling next above it.
A space under a sloping roof which has the line of intersection
of roof decking and wall face not more than three (3) feet above the
top floor level, and in which space not more than sixty percent (60%)
of the floor area is finished off for use. A half story may be used
for occupancy only in conjunction with and by the occupancy of the
floor immediately below.
A public way which affords the principal means of access
to abutting property.
Any change, except those required by law or ordinance, that
would prolong the life of the supporting members of a building or
structure, such as bearing walls, columns, beams or girders, not including
openings in bearing walls as permitted by other ordinances.
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 and including but limiting the generality
of the foregoing, advertising signs, billboards, backstops for tennis
courts and pergolas.
Words used in the present tense shall include the future.
An open space on the same lot with a building unoccupied
and unobstructed by any portion of the structure from the ground upward,
except as otherwise provided in this Chapter.
A yard across the full width of the lot extending from the
front line of the main building to the front line of the lot.
A yard extending the full width of the lot between the main
building and the rear lot line.
A yard between the main building and the side line of the
lot, and extending from the front yard line to the rear yard line.
