[CC 1992 §400.010; Ord. No. 31, 6-16-1950; Ord. No.
115, 1-19-1959; Ord. No. 178, 8-25-1965; Ord. No. 225, 6-24-1968; Ord. No. 02-788 §1, 6-10-2002; Ord. No. 05-865 §§2
— 3, 9-28-2005]
For the purpose of this Title, 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.
A subordinate building or a portion of the main building,
the use of which is incidental to that of the main building or to
the main use of the premises.
Adult entertainment means any live presentations, exhibitions,
video tapes or films of performances, exhibitions or dance of any
type including, but not limited to, talking, singing, reading, listening,
posing, modeling, removal of clothing or any service offered for amusement
on a premises where such performances, exhibitions, displays or dances
intended to seek, arouse or excite the sexual desires of the entertainer,
other entertainers or patrons, or if the entertainment involves specified
anatomical areas or specified sexual activities. "Specified
anatomical areas" are described as less than completely and
opaquely covered human genitals, pubic region, buttock and female
breast below a point immediately above the areola and human male genitals
in a discernibly turgid state, even if completely and opaquely covered. "Specified sexual activities" are described as human genitals
in a state of sexual stimulation or arousal, acts of human masturbation,
sexual intercourse or sodomy, fondling or other erotic touching of
human genitals, pubic region, buttock or female breast.
An establishment having as a substantial or significant portion
of its business the offering of entertainment or stock in trade of
materials, scenes or other presentations characterized by emphasis
on depiction or description of "specified sexual activities" or "specified
anatomical areas" as herein described.
A public or private thoroughfare which affords only a secondary
means of access of abutting property.
A room or suite of rooms in a multiple dwelling, or where
more than one (1) housekeeping unit is established above non-residential
uses, intended, designed or used as residence by a single-family including
culinary accommodations.
See "DWELLING, MULTIPLE".
A story having part but not more than one-half (½)
its height below grade. A basement is counted as a story for the purpose
of height regulation if subdivided and used for business or dwelling
purposes other than by a janitor employed on the premises.
A building other than a hotel where, for compensation, meals
or lodging and meals are provided for three (3) but not more than
ten (10) persons at one (1) meal time.
A method of penetrating or puncturing the skin by use of
needles, studs, post or other instruments, thereby creating an opening
into or through the skin in which studs, posts, ornaments or jewelry
can be inserted. Said business, with the exception of ear piercing
to those eighteen (18) years and older or those under eighteen (18)
when accompanied with parent or guardian or parental consent, which
is described as body piercing on the ear only, shall be prohibited
in all zoning districts of the City of Charlack.
The premises where a business is engaged where body piercing
is applied.
A method of burning the human tissue with a hot iron or other
instrument so to leave a permanent mark. Said business shall be prohibited
in all zoning districts of the City of Charlack.
The premises where a business is engaged where brands are
applied.
Any structure designed or intended for the support, enclosure,
shelter or protection of persons, animals, chattels or property.
The vertical distance from the grade to the highest point
of the coping of a flat roof or to the deck line of a mansard roof
or to the mean height level between eaves and ridge for gable, hip
and gambrel roofs.
Includes the commercial use and districts where mentioned.
A story having more than one-half (½) of its height
below grade. A cellar is not included in computing the number of stories
for the purpose of height measurement.
A method of adding, replacing or augmenting cosmetic features
by the placement of subcutaneous pigmentation by a licensed doctor
or nurse.
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 City Engineer shall establish such curb level or its equivalent
for the purpose of this Title.
A section or sections of the City for which the regulations
governing the use of buildings and premises or the height of buildings
or the size of yards or intensity of use are uniform.
Any building or portion thereof which is designed or used
exclusively for residential purposes.
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, however,
a 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.
A building designed for or occupied by two (2) families.
An individual or 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 by blood or marriage
living together and subsisting in common as a single non-profit housekeeping
unit utilizing only one (1) kitchen.
Any building, structure or land used for the dispensing,
sale or offering for sale at retail of any automobile fuels, oils
or accessories, including lubrication of automobiles and replacement
or installation of minor parts or accessories, but not including major
repair work such as motor replacement, body and fender repair or spray
painting.
That edge of a lot bordering a street.
An accessory building housing not to exceed four (4) motor-driven
vehicles, the property of and for the use of the occupants of the
building to which said garage is accessory.
Any building or premises, except those used as a private
or storage garage, used for equipping, repairing, hiring, selling
or storing motor-driven vehicles.
Any building or premises used for housing only of motor-driven
vehicles owned by persons residing on the premises where the garage
is located and not open to transients and at which automobile fuels
and oils are not to be sold, and motor-driven vehicles are not equipped,
repaired, hired or sold.
For buildings having walls adjoining one (1) street only, the
elevation of the sidewalk at the center of the wall adjoining the
street.
For buildings having walls adjoining more than one (1) street,
the average of the elevation of the sidewalk 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.
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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 be related to each other or to any
of the mentally or physically handicapped persons residing in the
home.
Any occupation or activity 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 not more than one (1)
square foot in area, or no display that will indicate from the exterior
that the building is being utilized in part for any purpose other
than of a dwelling; there is no commodity sold on the premises; no
person is employed other than a member of the immediate family residing
on the premises; no mechanical equipment is used except such as is
permissible for purely domestic or household purposes; and no commercial
vehicle used in connection with a home occupation shall be stored
or parked except within a private garage. In particular, a home occupation
includes the following: art studio; dress making; professional office
of a physician, surgeon, dentist, lawyer, clergyman, or other professional
person; teaching, with musical instruction limited to not more than
two (2) pupils at a time. However, a home occupation shall not be
interpreted to include barber shops, beauty parlors, tourist homes
and restaurants.
A building in which lodging is provided and offered to the
public for compensation and in which ingress and egress to and from
all rooms is made through an inside lobby or office supervised by
a person in charge at all hours.
A building occupied by a non-profit corporation or non-profit
establishment for public use.
A space with the main building or on the same lot providing
for the standing, loading or unloading of trucks having a minimum
dimension of twelve (12) feet by thirty-five (35) feet and a vertical
clearance of fourteen (14) feet.
A building where lodging only is provided for compensation
to three (3) or more but not more than ten (10) persons.
A parcel of land occupied or intended for occupancy by a
use permitted in this Title, including one (1) main building, together
with its accessory buildings, except as may otherwise be provided
in this Title and having its principal frontage upon a street or upon
an officially approved place.
A lot abutting upon two (2) or more streets at their intersection.
The mean horizontal distance between the front and rear lot
lines. The front lot line shall be the same as the street line.
A lot having a frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
A lot other than a corner lot.
A lot which is a part of a subdivision, the map of which
has been recorded in the office of the County Recorder or a parcel
of land, the deed of which was recorded in the office of the County
Recorder prior to the adoption of this Title.
For purposes of determining the dimension of side yards,
the width of the lot being the mean horizontal distance between side
lot lines.
A building or portion thereof designed for or occupied exclusively
by more than two (2) families.
An open area other than a street, alley or place used for
temporary parking of more than four (4) self-propelled vehicles as
an accessory use to semi-public institutions, schools, churches, hospitals
and non-commercial clubs.
An open area other than a street, alley or place used for
temporary parking of more than four (4) self-propelled vehicles and
available for public use free as an accommodation for clients or customers.
A durably surfaced area enclosed in the main building, in
an accessory building, or unenclosed sufficient in size to store one
(1) standard automobile, and if the space is unenclosed, comprising
an area of not less than two hundred fifty (250) square feet, including
the necessary access driveways, exclusive of a durable surfaced driveway
connecting the parking space with a street or alley and permitting
satisfactory ingress and egress of an automobile.
An open unoccupied space other than a street or alley permanently
reserved as the principal means of access to abutting property.
The legally recorded boundary of a lot, tract, or other parcel
of land.
The distance between the front of a building and the street
right-of-way line.
A stable with a capacity for not more than two (2) horses
or mules.
A stable, other than a private stable, with a capacity for
more than two (2) horses or mules.
A structure usually elliptical in shape constructed about
a central open space or arena with tiers or seats for spectators.
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 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 occupants of the
floor immediately below.
A paved public or private right-of-way which provides access
to abutting properties from the front.
A dividing line between a lot, tract or parcel of land and
a contiguous street.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders, or any
substantial change in the roof or in the exterior walls.
Anything constructed or erected, the use of which required
permanent location on the ground or attached to something having a
permanent location on the ground, advertising signs, billboards, backstops
for tennis courts and pergolas.
The premises where a business is engaged where tattoos are
applied.
Any method of placing indelible mark or figure through the
skin by means of insertion under the surface of the skin of a person
by pricking with a needle or otherwise.
An area containing one (1) or more structures designed or
intended to be used as temporary living facilities of two (2) or more
families and intended primarily for automobile transients or providing
space where two (2) or more tents or auto trailers can be parked.
Any structure used for living, sleeping, business or storage
purposes having no foundation other than wheels, blocks, skids, jacks,
horses or skirtings 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.
An open area other than a street, alley or place used for
dismantling or wrecking of used automobiles or the storage, sale or
dumping of dismantled or wrecked cars or their parts. Under this definition,
everything referred to here is hereby prohibited in any manner whatsoever
when referred to in this Title.
An open area other than a street, alley or place used for
the display and sale of used automobiles and where no repair work
is done except the necessary reconditioning of the cars to be displayed
and sold on the premises.
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 a front yard
or the depth of a rear yard, the mean horizontal distance between
the lot line and the main building shall be used.
A yard extending across the front of a lot between the side
yard lines and being the minimum horizontal distance between the street
line and the main building or any projection thereof, other than the
projection of the usual steps or entrance way.
A yard extending across the rear of a lot measured between
the side lot lines and being the minimum horizontal distance between
the rear lot line and the rear of the main building or any projections
other than steps, unenclosed balconies or unenclosed porches. On corner
lots the rear yard shall be considered as parallel to the street upon
which the lot has its least dimension. On both corner lots and interior
lots, the rear yard in all cases be at the opposite end of the lot
from the front yard.
A yard between the main building and the side line of the
lot and extending from the front lot line to the rear lot line.
[CC 1992 §400.020; Ord. No. 115, 1-19-1959]
In interpreting and applying the provisions of this Title, 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 Title to interfere with or abrogate
or annul any easements, covenants or other agreements between parties.
Wherever the regulations made under authority of Sections 89.010 to
89.140, RSMo., require a greater width or size of yards, courts or
other open spaces, or require a lower height of building or less number
of stories, or require a greater percentage of lot to be left unoccupied,
or impose other higher standards than are required in any other Statute
or local ordinance or regulation, the provisions of the regulations
made under authority of Sections 89.010 to 89.140, RSMo., shall govern.
Wherever the provisions of any other Statute or local ordinance or
regulation require a greater width or size of yards, courts or other
open spaces, or require a lower height of building or a less number
of stories, or require a greater percentage of lot to be left unoccupied,
or impose other higher standards than are required by the regulations
made under authority of Sections 89.010 to 89.140, RSMo., the provisions
of such Statute or local ordinance or regulation shall govern.
[CC 1992 §400.030; Ord. No. 115, 1-19-1959; Ord. No.
318, 6-13-1975; Ord. No. 05-865 §1, 9-28-2005]
A.
Districts. In order to classify, regulate and restrict the
locations of trades, industries and the location of buildings designed
for specified uses; to regulate and limit the height and bulk of buildings;
to regulate the intensity of the use of lots; and to regulate and
determine the area of yards, courts and other open spaces within and
surrounding buildings, the City is hereby divided into districts of
which there shall be six (6) in number, known as:
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"A"
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Single-Family Dwelling District
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"B"
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Two-Family Dwelling District
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"C"
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Multiple-Family Dwelling District
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"D"
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Commercial District
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"E"
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Light Industrial District
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"FP"
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Flood Plain District
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B.
Official Zoning Map. The zoning districts established in
Title IV of the Municipal Code of the City are graphically illustrated
on a map entitled "Official Zoning Map of the City of Charlack, Missouri"
as adopted by the Board hereby and certified by the City Clerk and
incorporated into and made part of this Chapter. The City Clerk shall
maintain a record of all subsequent amendments to the map. An up-to-date
copy of the map shall be available at City Hall for public inspection.
C.
Classification Of Newly Annexed Territory. All territory
which may hereafter be annexed to the City shall be considered as
being in the "A" Single-Family District until otherwise changed by
ordinance.
D.
Rules On District Boundaries. Where uncertainty exists with
respect to the boundaries of the various districts as shown on the
official map of districts, the following rules shall apply:
1.
The district boundaries are either streets or alleys unless otherwise
indicated; and where the districts designated on the map on file in
the office of the City Clerk and made a part of this Code are bounded
approximately by street or alley lines, said street or alley shall
be construed to be the boundary of such district.
2.
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 lot lines;
and where the districts designated on the map on file in the office
of the City Clerk and made a part of this Code are bounded approximately
by lot lines, said lot lines shall be construed to be the boundary
of such district unless said boundaries are otherwise indicated on
the map.
3.
In unsubdivided property, the district boundary lines on the map
on file in the office of the City Clerk and made a part of this Code
shall be determined by use of the scale contained on such map.
[CC 1992 §400.040; Ord. No. 115, 1-19-1959]
A.
Hearing Required. The Board of Aldermen may from time to
time on its own motion or on petition, after at least fifteen (15)
days' public notice and hearings as provided by law, amend, supplement,
change, modify or repeal the boundaries or regulations herein or subsequently
established after submitting same to the Zoning Commission for its
recommendations and report. In case of an adverse report by the Zoning
Commission of if a protest against such proposed amendment change
or repeal shall be presented in writing to the City Clerk prior to
the holding of said meeting or hearing, duly signed and acknowledged
by the owners of thirty percent (30%) or more either of the area of
the land (exclusive of streets, places and alleys) included in such
proposed change or within an area determined by lines drawn parallel
to and one hundred eighty-five (185) feet distant from the district
proposed to be changed, such amendment, supplement, change modification
or repeal shall not become effective except by a favorable vote of
the Board of Aldermen showing a two-thirds (⅔) majority in
favor of such change or amendment.
B.
Payment Of Fee. Before any action shall be taken with respect
to an amendment of or change in respective district regulations, the
party or parties applying for or seeking such change or amendment
shall pay to the City Treasurer a fee of five hundred dollars ($500.00).
[CC 1992 §400.050; Ord. No. 31, 6-16-1950; Ord. No.
115, 1-19-1959]
A.
Except
as otherwise provided in this Title:
1.
No building shall be erected, converted, enlarged, reconstructed,
moved or structurally altered, nor shall any building or land be used,
except for a purpose permitted in the district in which the building
or land is located.
2.
No building shall be erected, converted, enlarged, reconstructed
or altered to the extent specifically provided hereinafter except
in conformity with the parking and loading regulations established
in this Title for the district in which the building is located.
3.
No building shall be erected, converted, enlarged, reconstructed
or structurally altered to exceed the height limit established in
this Title for the district in which the building is located.
4.
No building shall be erected, converted, enlarged, reconstructed
or structurally altered, except in conformity with the area regulations
of the district in which the building is located.
5.
The minimum yards, parking spaces and other open spaces, including
lot area per family required by this Title for each and every building
existing at the time of passage of this Title or for any building
hereafter erected, shall not be encroached upon or considered as yard
or open space requirements for any other building, nor shall any lot
area be reduced below the requirements of this Title for the district
in which such lot is located.
6.
Every building hereafter erected or structurally altered shall be
located on a lot as defined in this Title and in no case shall there
be more than one (1) main building on one (1) lot, unless otherwise
provided in this Title.
7.
No lot area shall be so reduced or diminished that the yards or other
open space shall be smaller than prescribed by this Title, nor shall
the density of population be increased in any manner except in conformity
with the area regulations herein established.
8.
No yard or other open space surrounding any one (1) building shall
be used as providing a yard or open space for any other building.
[CC 1992 §400.060; Ord. No. 115, 1-19-1959]
A.
Any
building or land lawfully occupied by a use at the time of passage
of Ordinance No. 31 on June 16, 1950, or upon the date of any amendment
thereto, which does not conform with the use regulations of the district
in which it is situated may continue such use; except:
1.
In the event that a non-conforming use of any building or premises
is discontinued for a period of one (1) year, the use of the same
shall thereafter conform to the use permitted in the district in which
it is located.
2.
When a building, the use of which does not conform to the provisions
of this Title, in the district in which it is located is damaged by
fire, explosion, acts of God or public enemy to the extent of more
than sixty percent (60%) of its then fair market value, it shall not
be restored except in conformity with the district regulations of
the district in which the building is situated.
[CC 1992 §400.070; Ord. No. 235, 3-24-1969]
A.
Hearing Required. The Board of Aldermen of the City may
by special permission after public hearing authorize the location
of any of the following buildings or uses in any district from which
they are otherwise prohibited by this Title; provided however, that
appropriate conditions and safeguards would be imposed to protect
the public welfare and to conserve and protect property values in
the neighborhood.
1.
Any public building erected or used by any department of the City,
County, State or Federal Government.
2.
Community building or recreation field.
3.
Nursing or convalescent home.
4.
Private recreational activities for temporary or seasonable periods.
5.
Parking lots and multi-level parking structures on land not more
than three hundred (300) feet from the boundary of or within the required
front yard of any commercial district under such conditions as will
properly protect the character of surrounding property.
6.
Private clubs and lodges in multiple-dwelling districts.
B.
Zoning Commission Report.
1.
The interested party shall file an application with the City Clerk
setting forth the correct legal description of the property involved,
the current zoning and the use which is sought to be made of the property,
together with sufficient plans and specifications setting forth the
intended use to be made.
2.
Said application shall be referred to the Zoning Commission for its
review and the Zoning Commission shall submit its report to the Board
of Aldermen within sixty (60) days after filing with the City Clerk.
3.
The Zoning Commission shall make a report regarding the effect of
such proposed building or use upon the character of the neighborhood,
traffic conditions, public utility facilities and general welfare.
4.
If said report is not made to the Board of Aldermen within said sixty
(60) day period, then the City Clerk shall present the application
to the Board of Aldermen and the application shall be deemed approved
by the Zoning Commission.
C.
Votes Required On Contrary Report Of Commission Or Protest. The affirmative vote of two-thirds (⅔) of the members of the
Board of Aldermen shall be required to authorized and approve the
issuance of any special permit contrary to the recommendations of
the Zoning Commission. The affirmative vote of two-thirds (⅔)
of the members of the Board of Aldermen shall also be required to
authorize and approve the issuance of any special permit when a protest
against the issuance thereof shall be presented in writing to the
City Clerk, duly signed and acknowledged by the owners of thirty percent
(30%) or more of the land (exclusive of streets, places and alleys)
included within an area determined by lines drawn parallel to and
one hundred eighty-five (185) feet distant from the boundary of the
area to be occupied pursuant to such special permit.
