[R.O. 1993 § 400.010; R.O. 1993 § 400.010; Ord. No. 1431 § I, 8-13-1968]
This Chapter shall be known and may be cited and referred to as "The Zoning Code of the City of Charleston, Missouri."
[R.O. 1993 § 400.020; Ord. No. 1431 § II, 8-13-1968]
For the purpose of this Chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure" and the word "shall" is mandatory and not directory.
ACCESSORY BUILDINGS
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.
ACCESSORY 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.
ALLEY
A public or private thoroughfare which affords only a secondary means of access to abutting property.
BASEMENT
A story having part but not more than one-half (1/2) 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 by a janitor employed on the premises.
BILLBOARD
A sign which directs attention to a business, commodity, service, or entertainment conducted, sold or offered elsewhere than upon the same lot.
BOARDING HOUSE
See "lodging house."
BUILDABLE WIDTH
The width of the lot left to be built upon after the side yards are provided.
BUILDING
Any structure having a roof supported by column 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 each such portion shall be deemed to be a separate building.
BUILDING, HEIGHT OF
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.
CELLAR
A story having more than one-half (1/2) of its height below grade.
CLINIC, MEDICAL
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.
DWELLING
Any building or portion thereof which is designed and used exclusively for residential purposes.
DWELLING, SINGLE-FAMILY
A building designed for or occupied exclusively by one (1) family, but not hotels. The classification single-family dwelling shall include any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional 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 and shall include any private residence licensed by the Division of Family Services or Department of Mental Health to provide foster care to one (1) or more but less than seven (7) children who are unrelated to either foster parent by blood, marriage or adoption.
DWELLING, TWO-FAMILY
A building designed for or occupied exclusively by two (2) families.
DWELLING, MULTIPLE
A building designed for or occupied exclusively by more than two (2) families.
DWELLING UNIT
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.
FAMILY
A group of one (1) or more persons occupying a premises and living as a single housekeeping unit and whose relationship with one another descends from an immediate common ancestor or by marriage. An individual or not more than two (2) adults living together with persons related to them by blood, marriage, or adoption, or a group of not more than three (3) persons who need not be related to each other by blood or marriage, living together and subsisting in common as a single non-profit housekeeping unit utilizing only one (1) kitchen. For the purpose of any zoning law, ordinance or code, the classification single-family residence shall include any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as house parents or guardians who need not to be related to each other or to any of the mentally or physically handicapped persons residing in the home.
FARM
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 the raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep and swine. The term "farming" includes the operating 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.
FILLING STATION
Any building or premises used for the sale, at retail, of motor vehicle fuels, oils or accessories, or for servicing or lubricating 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.
FLOOR AREA
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.
FRONTAGE
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.
GARAGE, COMMERCIAL
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 body repair shop nor the rebuilding, dismantling, or storage of wrecked or junked vehicles.
GARAGE, PRIVATE
A detached accessory building, or portion of the main building, housing the automobiles of the occupants of the premises.
GRADE
The average level of the finished surface of the ground adjacent to the exterior walls of the building, except when any wall approximately parallels and is not more than five (5) feet from a street line, then the elevation of the street at the center of the wall adjoining the street shall be grade.
HOME OCCUPATION
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; no person is employed other than a member of the immediate family residing on the premises.
HOTEL
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.
INSTITUTION
A building occupied by a non-profit corporation or a non-profit establishment for public use.
LAUNDROMAT
A business that provides home-type washing, drying, or ironing machines for hire to be used by customers on the premises.
LODGING HOUSE
A building or place where lodging and boarding is provided (or which is equipped regularly to provide lodging and boarding by prearrangement 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.
LOT
A parcel of land occupied or intended for occupancy by a use permitted in this Chapter, including one main building together with its accessory buildings, open spaces and parking spaces required by this Chapter, and having its principal frontage upon a street.
LOT, CORNER
A lot abutting upon two (2) or more streets at their intersection.
LOT, DEPTH OF
The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE
A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
LOT OF RECORD
A lot or parcel of land, the deed of which has been recorded in the office of the County Recorder of Mississippi County, Missouri, prior to the adoption of this Chapter.
MOTEL, MOTOR COURT, MOTOR LODGE or TOURIST COURT
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.
NONCONFORMING USE
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.
NURSING HOME
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.
PARKING SPACE, OFF-STREET
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.
PREMISES
A lot, together with all buildings and structures thereon.
SIGN
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.
STORY
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.
STORY, HALF
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.
STREET
A public way which affords the principal means of access to abutting property.
STRUCTURE
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 not limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, and pergolas.
STRUCTURAL ALTERATION
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.
TRAILER OR MOBILE HOME PARK
An area where two (2) or more trailers can be or are intended to be parked, designed or intended to be used as living facilities for one (1) or more families.
YARD
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.
YARD, FRONT
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.
YARD, REAR
A yard extending the full width of the lot between a main building and the rear lot line.
YARD, SIDE
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.