[R.O. 2009 §25-1; Ord. No. 2739 §43-1, 5-20-1985]
This Chapter and any amendments thereto shall be known, cited
and referred to as the "Zoning Ordinance of the City of Brentwood".
[R.O. 2009 §25-2; Ord. No. 2739 §§43-120.1 — 43-120.2, 43-121, 5-20-1985; Ord.
No. 2776 §1, 2-17-1986; Ord. No. 3455 §1, 12-4-1995; Ord.
No. 3543 §1, 6-16-1997; Ord. No. 3895 §1, 7-21-2003; Ord.
No. 3942 §1, 6-21-2004; Ord. No. 4119 §1, 3-17-2008; Ord.
No. 4175 §1, 4-6-2009; Ord. No. 4218 §1, 12-21-2009; Ord. No. 4265 §1, 12-6-2010; Ord. No. 4359 §1, 7-16-2012; Ord.
No. 4447 §1, 7-15-2013; Ord. No. 4448 §1, 7-15-2013]
The following words, terms and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
A building, structure or use which:
Is subordinate to and serves a principal building or principal
use;
Is subordinate in area, extent or purpose to the principal building
or principal use served;
Contributes to the comfort, convenience or necessities of the
users or occupants of the principal building or principal use; and
Is located on the same lot as the principal building or principal use (see Article V, Division 3 of this Chapter).
A unit of land measure, forty-three thousand five hundred
sixty (43,560) square feet. As a square, an acre measures two hundred
eight and seventy-one hundredths (208.71) feet on each side.
For the purpose of standing to file permitted appeals from
decisions made by the Architectural Review Board, an aggrieved party
is one who is an applicant, owner or occupant of the subject property
or an owner or occupant of property which is adjacent to the subject
property within the City of Brentwood. For this purpose, property
which would be adjacent to the subject property but for an intervening
street or alley shall be deemed to be "adjacent".
A public thoroughfare which affords only secondary means
of access to abutting property.
A physical change in a structure or in an addition to a structure.
The term "alteration" includes renovation, modification,
rehabilitation and restoration.
A room or suite of rooms within a building, provided with
separate cooking facilities and intended as a single dwelling unit.
A building or portion thereof, designed for occupancy by
three (3) or more families living independently of each other, exclusive
of attached single-family dwellings, town houses or patio houses on
individually subdivided lots.
A designated area on a community's Flood Insurance Rate Map
with base flood depths from one (1) to three (3) feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable
and indeterminate, and where velocity flow may be evident.
The land in the flood plain within a community subject to
a one percent (1%) or greater chance of flooding in any given year.
One (1) of a series of attached dwellings designed for single-family
occupancy and located on individually subdivided lots of record or
on land owned in common.
The flood having a one percent (1%) chance of being equaled
or exceeded in any given year.
A floored and walled substructure of a building at least
fifty percent (50%) below the average finished grade of the building.
A basement is counted as a story for the purpose of height, parking
or building bulk regulations if subdivided by walls or partitions
and used for business or dwelling purposes by other than a janitor
employed on the premises.
An area separating two (2) or more types of land use from
one another, but located on the lot or property occupied by one (1)
or both such abutting uses.
Any structure for the shelter, support or enclosure of persons,
animals, chattels or property of any kind. When separated by division
walls without openings, each portion of such building, so separated,
shall be deemed a separate building.
The height, depth, width, density and volume of a building.
The area of the site which is covered by the buildings, measured
both in square feet and as a percentage of the total site.
The vertical distance measured from the curb grade or its
equivalent established grade at a point midway between the two (2)
side lot lines to the highest point of the roof in the case of a flat
roof, to the deck line of a mansard roof, and to the mean height level
between eaves and ridge of a gable, hip or gambrel roof, provided
that where buildings are set back from street line, the height of
the building may be measured from the average elevation of the finished
lot grade at the front of the building.
A line parallel to and equidistant from the street between
which line and the street right-of-way no building or structures other
than normal projections of the usual steps, landings for entry ways,
unenclosed balconies or open porches may be erected as prescribed
in this Chapter.
A permit issued by the Department of Planning and Development
prior to the initiation of construction, certifying that the plans
for the building, structure or site improvements for which the building
permit is requested satisfy all applicable City regulations and ordinances.
An establishment where food including frozen desserts and/or
beverages are primarily sold in a packaged, ready-to-consume state,
intended for immediate consumption by the customer off the premises.
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.
Official certification that a structure conforms to all applicable City ordinances and requirements and may be used or occupied, as proposed and approved (see Article II, Division 10).
An establishment classified under Standard Industrial Classification
(SIC) Code number 6099, which is primarily engaged in providing currency
and coinage for a fee to individuals presenting checks drawn from
a bank or other source. This shall not include banks or savings and
loan institutions, nor other businesses wherein the cashing of checks
is merely incidental to other primary business activities being conducted
on the premises.
An institution providing diverse health care or medical treatment
for outpatient or ambulatory sick or injured persons, including medical
personnel and ancillary facilities such as laboratories, but not including
inpatient care or operating room for major surgery.
The Planning and Zoning Commission of the City.
A plan of the future land use and circulation patterns of
an entire City including plans for housing, commercial, industrial
and public facilities. The plan is usually based on a set of goals
or policies adopted by the City and is established as a guide for
administrative and legislative decisions regarding land use and development
patterns.
A procedure for determining the appropriateness of a proposed use not authorized as a matter of right by the regulations of the district in which the use is proposed to be located. The appropriateness of the use shall be determined based on the requirements and standard specified in Article II, Division 6 of this Chapter.
Real estate, portions of which are designated for common
ownership solely by the owners of those portions. Real estate is not
a condominium unless the undivided interests in the common elements
are vested in the unit owners.
See "LAND DEVELOPMENT".
Regulations or standards, including development standards
and use limitations as defined herein, which limit the size, bulk
or siting conditions of discrete types of buildings or land uses located
within any designated use district.
The difference in the rate and volume of storm water runoff
from a parcel or project in its undeveloped natural condition and
its developed condition.
The act of continuously working until a project is finished.
The Director of Planning and Development or his/her designee.
The Director of Planning and Development shall serve as the Zoning
Administrator.
A part or parts of the City for which this Chapter establishes
regulations governing the development and use of land therein.
Any partition erected parallel to and along a property line
and setting off the property of one (1) person from that of another
person.
A building containing two (2) dwelling units separated by
a common or party wall.
Any building or portion thereof designed for, or used exclusively
for, residential purposes.
A detached or semi-detached building designed for or occupied
exclusively by two (2) families living independently of each other.
One (1) or more rooms in a building designed for occupancy
by one (1) family for living purposes and having its own permanently
installed cooking and sanitary facilities.
An apartment building of more than three (3) stories in height
with primary access to units above the third (3rd) floor level typically
provided by means of an elevator.
A sudden or unexpected happening demanding prompt action
with regard to the health and safety of the general public.
An unauthorized extension of a structure or portion thereof
upon land owned by a person other than the owner of the structure.
A criterion established to control various environmental factors such as noise, odor, dust, smoke, toxic or noxious matter, vibration, fire and explosive hazards and glare and heat generated by or inherent in the use of land or buildings (see Article V, Division 6).
To build, construct, install, attach, hang, place, inscribe,
suspend, affix, paint or repaint.
For purposes of Article VI of this Chapter, fair market value shall be determined by an appraisal submitted to the City by the owner of a non-conforming use or structure, which has been prepared by a member of the Society of Real Estate Appraisers (SREA) or the American Institute of Real Estate Appraisers (AIREA). The City reserves the right to order its own appraisal of the non-conforming use or structure and if the discrepancy between the two (2) appraisals exceeds ten percent (10%), then a third (3rd) appraiser agreed to by the City and the owner shall be selected. If both parties fail to reach agreement, the third (3rd) appraiser shall be appointed by the Circuit Court for the County and the appraisal shall determine the fair market value of the non-conformity.
An individual or married couple and the children thereof
and no more than two (2) other persons related directly to the individual
or married couple by blood or marriage, or a group of not more than
three (3) persons, excluding servants, not related by blood or marriage,
living together as a single housekeeping unit in a dwelling unit.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters or the unusual and rapid accumulation or runoff of
surface waters from any source.
An official map of a community on which the Flood Insurance
Study has delineated the flood hazard boundaries and the zones establishing
insurance rates applicable to the community.
The official report provided by the Federal Insurance Administration
entitled "Flood Insurance Study, City of Brentwood, Missouri, St.
Louis County, May 16, 1977". The report contains flood profiles, as
well as the Flood Boundary Floodway Map and the water surface elevation
of the base flood.
A geographic area susceptible to periodic inundation from
overflow of natural waterways.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one (1) foot.
The gross floor area (GFA) or the sum of the gross horizontal
areas of the several stories of the building, including accessory
buildings, measured from the exterior faces of the exterior walls
or from the centerline of party walls and including garages, porches,
utility rooms, stairways, recreation rooms and storage rooms, but
excluding the open areas of multi-story atriums, unenclosed balconies
and patios.
Total floor area of a building on any lot divided by the
area of such lot.
Any building or premises of one (1) or more levels used for
parking of motor-driven vehicles of the general public for short periods
of time, generally less than twenty-four (24) hours.
A detached accessory building or portion of a principal building,
designed, arranged, used or intended to be used for the storage of
motor vehicles of the occupants of the premises or their clients or
customers without charge to visitors, clients or customers during
the period they are visiting or conducting business with an occupant
on 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.
Any building or premises used only for housing of motor-driven
vehicles, other than trucks and commercial vehicles, pursuant to previous
arrangements and not to transients and at which motor vehicle fuels
and oils are not sold and motor-driven vehicles are not equipped,
repaired, hired or sold.
A two- or three-story apartment building with common access
to individual dwelling units by means of interior or exterior stairs
or corridors.
The total interior floor area of a building or structure
measured at the inside face of the exterior walls but excluding stairwells,
lobbies, common corridors and other non-leasable circulation areas,
elevator shafts and space occupied by mechanical equipment or space
related to the operation and maintenance of the building as well as
that floor surface covered by walls or partitions enclosing these
common areas or elements of a building.
Any home in which eight (8) or fewer unrelated mentally or
physically handicapped persons reside, other than a family as such
is defined in this Code, and may include two (2) additional persons
acting as houseparents or guardians who need not be related to each
other or to any of the mentally or physically handicapped residing
in the home.
[Ord. No. 4639 §1, 7-20-2015]
See "BUILDING HEIGHT".
A public or private non-profit institution primarily providing
continuing educational opportunities for students beyond the academic
level of high school.
A business, profession, occupation or trade conducted for the personal gain or support of the residential occupant and conducted entirely within a residential building or accessory structure (see Article V, Division 2).
An institution providing medical and surgical care for humans
only, for both inpatients and outpatients, including medical service,
training and research facilities.
An establishment consisting of a group of attached or detached
living or sleeping accommodations, each with a bathroom, located on
a single lot and designed for use by the traveling public and tourists
and furnishing customary hotel services.
Any manmade change to improved or unimproved real estate
including, but not limited to, buildings or other structures, site
improvements, mining, dredging, filling, grading, paving, excavation
or drilling operation.
The length of the property line of any lot along any street
it borders.
A lot which is part of a subdivision, the plat of which has
been legally approved and recorded in the office of the Recorder of
Deeds of the County or a parcel of land which was legally approved
and the deed recorded in the office of the Recorder of Deeds.
A parcel of land which has been or which is proposed to be
used, developed or built upon as a unit under single ownership. Such
lot may consist of a single lot of record or a part or combination
of one (1) or more lots of record and may be subject to subdivision
regulations if intended to be subdivided further into one (1) or more
lots.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds one hundred percent (100%) of
the assessed value of the structure either before the improvement
or repair is started or, if the structure has been damaged and is
being restored, before the damage occurred. The term does not, however,
include either any project for improvement of a structure to comply
with existing State or local health, sanitary or safety code specifications
which are solely necessary to ensure safe living conditions or any
alteration of a structure listed on the National Register of Historic
Places or a State Inventory of Historic Places.
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
resin extracted from the plant and marijuana-infused products. "Marijuana"
or "Marihuana" do 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. 4885, 8-7-2019]
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. 4885, 8-7-2019]
Massage parlors, bathhouses, health clubs, health studios
and other similar types of businesses that provide massages of any
kind to be prohibited in all zoning districts in the City. This definition
is not intended to prohibit, nor shall it be interpreted in such a
manner that prohibits, legitimate full- or partial-body massage ancillary
to the provision of other services such as a beauty salon, medical
rehabilitation facility or, any other facility, which provide massage
therapy ancillary to other services provided, so long as such facilities
employ a licensed massage therapist. A massage therapist is a health
care practitioner who provides or offers to provide massage therapy
in accordance with Sections 324.240 to 324.275, RSMo., and is trained,
experienced and licensed in massage therapy and who holds a current,
valid license to practice massage therapy. The license for all therapists
employed on the premises shall be visible in a common area inside
the establishment. In the "PD" District, any massage therapy business
utilizing a massage therapist as defined in this Section shall be
considered a medical use, may operate as the primary business and
does not need to be ancillary to the provision of other services.
Any massage therapy businesses shall only take place in the
"GC", "RSC", "PD", "UD" or light industrial (LID) zoning districts.
Massage therapy businesses are prohibited in any other districts.
A facility licensed by the Missouri Department of Health
and Senior Services to acquire, cultivate, process, store, transport,
and sell marijuana to a medical marijuana dispensary facility, medical
marijuana testing facility, or to a medical marijuana-infused products
manufacturing facility.
[Ord. No. 4885, 8-7-2019]
A facility licensed by the Missouri Department of Health
and Senior Services to acquire, store, sell, transport, and deliver
marijuana, marijuana-infused products, and drug paraphernalia used
to administer marijuana 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. 4885, 8-7-2019]
A facility licensed by the Missouri Department of Health
and Senior Services to acquire, store, manufacture, transport, and
sell marijuana-infused products to a medical marijuana dispensary
facility, a medical marijuana testing facility, or to another medical
marijuana-infused products manufacturing facility.
[Ord. No. 4885, 8-7-2019]
A facility certified by the Missouri Department of Health
and Senior Services to acquire, test, certify, and transport marijuana.
[Ord. No. 4885, 8-7-2019]
See "HOTEL".
A use primarily for supplying gasoline, oil, air and water,
tires, accessories and services for motor vehicles at direct retail
to the consumer including the incidental washing of motor vehicles
and the making of minor repairs, but not including such major repairs
as: spray painting, body, fender, clutch, transmission, differential,
axle, spring and frame repairs; major overhauling of engines or radiators,
requiring removal thereof; or recapping or retreading of tires.
A building or portion thereof containing more than two (2)
dwelling units and not classified as a one- or two-family dwelling.
That remaining area of a parcel of ground after deduction
for streets, alleys, utility easements, both overhead and underground,
public improvements and any other area designated for use by the general
public.
A land use or structure which existed lawfully prior to the
date this Chapter or any amendment thereto became effective and which
fails to conform to one (1) or more of the applicable regulations
in the Chapter or amendments thereto.
An unimproved lot which does not comply with the lot size
requirements for any permitted use in the district in which it is
located.
Some thing, activity or use prohibited under the terms of
this Chapter but previously lawful and lawful when begun. As used
in this Chapter, this definition includes non-conforming signs, non-conforming
structures and non-conforming uses. An extension of a non-conformity
may involve the use of new space for a non-conforming use or an addition
to an existing non-conforming structure.
A statement concerning a pending matter before an official
body of the City and, where applicable, proposed action to be taken
in regard to the matter. The terms "notice" and "public notice" are used interchangeably in this Chapter.
A permanently surfaced parking area, enclosed or unenclosed,
connected by a permanently surfaced driveway to a street or alley
to permit ingress or egress.
Space on a lot unoccupied by a principal or accessory buildings,
which is unobstructed to the sky and which is not devoted to service
driveways or off-street parking or loading. Such space shall be devoted
to landscaping, paved patios or plaza areas, pedestrian circulation
or open recreation facilities.
The keeping of material or goods in any yard or on any open
area outside of a building, but not including vehicular parking which
complies with this Chapter, or the temporary storage of construction
material on a construction site.
See "LOT".
An area open to the general public and reserved for recreational,
educational or scenic purposes.
A surfaced area, exclusive of driveways, permanently reserved for the temporary storage of one (1) motor vehicle and connected with a street or alley by a driveway. The layout, arrangement and dimensions of drives and parking spaces shall be in accordance with Article IV.
Any person engaged in the business of lending money on the
security of pledged goods or engaged in the business of purchasing
tangible personal property on condition that it may be redeemed or
repurchased by the seller for a fixed price within a fixed period
of time.
A use by right which is specifically authorized in a particular
zoning district.
As used in any Section of this Chapter prescribing a penalty
or fine as to partnership or association, the word shall include the
partners or members thereof and, as to corporation, it shall include
the officers, agents or members thereof who are responsible for any
violation of such Section.
A business providing day care or overnight boarding services
for domesticated dogs and cats. If the pet boarding facility has an
outdoor area intended for use by pets, the property on which a pet
boarding facility is located shall be at least two hundred (200) feet
from any single-family or multi-family residential building.
A map, plan or layout to scale, of a tract of land to be subdivided showing such information as required in Chapter 405 of this Code.
The structure in which the principal use on the lot or site
are located.
The main use of land, structures or improvements as distinguished
from a secondary or accessory use.
See "GARAGE".
Any outdoor or partially enclosed artificially constructed
pool used or capable of being used for swimming or bathing, including
drained pools, per twenty-four (24) inches in depth or, with a surface
area exceeding two hundred fifty (250) square feet, which is used
or intended to be used in connection with a single-family residence
and available only to the family of the householder and his/her guests;
or any outdoor or partially enclosed artificially constructed pool,
used or capable of being used for swimming or bathing, including drained
pools, over twenty-four (24) inches in depth or, with a surface area
exceeding two hundred fifty (250) square feet, which is used or intended
to be used in connection with multi-family residences or by cooperative,
fraternal or commercial groups and available only to members of families
occupying such residences, members of such groups and guests of the
members.
A land development which includes one (1) or more buildings on a single lot or, a group of buildings to be constructed by a single developer which may be later sold individually on separate subdivided lots of record in accordance with Chapter 405 of this Code and site plan approval pursuant to Article II, Division 9 of this Chapter.
The line bordering parts of or a combination of lots when
adjacent to one another under single, joint or corporation ownership.
See "NOTICE".
Any equipment such as travel trailers, pickup campers or
coaches, motorized campers, tent trailers, boats and boat trailers
and the like or trailers for transporting recreational equipment,
whether occupied by such equipment or not.
A business establishment providing for the preparation of
or sale of prepared food or drink for consumption by customers on
or off the premises, but excluding facilities for non-commercial and
incidental or occasional food service for the employees, patrons or
members of an office or institution such as churches, schools and
hospitals, excluding private clubs and also excluding food service
within grocery stores, delicatessens and ice cream parlors having
a seating capacity for not more than eight (8) persons and theaters
and other institutions or establishments otherwise requiring a conditional
use permit.
See "YARD, FRONT".
The highest point on any building where an exterior wall
encloses usable floor area including floor area provided for housing
mechanical equipment.
The distance between the front lot line and the major building surface of the principal building on the lot within which may be located ordinary projections or uses of required yards as specified in Section 400.1840.
A group of retail commercial establishments planned, developed,
owned and managed as a unit, ranging from neighborhood centers of
ten thousand (10,000) to seventy-five thousand (75,000) square feet,
which specialize in convenience goods and personal services, to regional
centers of five hundred thousand (500,000) square feet and up, which
emphasize general merchandise, apparel, furniture and home furnishings.
The rental of any legally-permitted dwelling unit, or a portion
thereof, located in the "A," "B," "AR" and "MR" residential zoning
districts, and the "UD" Urban Development zoning district, in exchange
for renumeration or consideration, for a period of less than thirty-one
(31) consecutive calendar days.
[Ord. No. 4831, 4-16-2018]
Any display, name, identification, description, illustration,
device, building or building treatment which is visible from any public
place or is located on private property and exposed to public view
and which directs attention to a product, place, activity, person,
service, institution, profession, business or solicitation.
An individual dwelling unit located on the ground, either
detached and occupying a subdivided lot or attached by means of a
party wall to another single-family dwelling unit and occupying a
subdivided lot or in condominium ownership.
The area of the site which is covered by buildings, driveways,
parking lots, loading areas and excluding landscaped and open spaces.
Grading, drainage, utilities, landscaping, lighting, parking,
driveways and similar non-building improvements.
A procedure whereby the Planning and Zoning Commission reviews and considers the nature of the development upon the site and the potential impacts of that specific proposed development upon surrounding uses and property. Such review is intended to encourage a high standard of site and building design and development, but does not regulate the permissibility of the proposed use (see Article II, Division 9).
A use of property on a temporary basis, which the current
zoning of the property does not allow. Special uses include, but are
not limited to, outdoor sales or grand opening events, temporary off-street
parking for special events, seasonal or holiday events, carnivals
or picnics with more than fifty people, the use of temporary structures
for special events, and the use of temporary storage containers and
trailers for short-term storage of materials or merchandise in commercial
and industrial zoning districts. Applications for special use permits
shall be reviewed and approved by the Director of Planning and Development,
Building Official and Police Chief, except all special use applications
for temporary storage containers and trailers shall be reviewed and
approved by the Board of Alderman pursuant to Section 400.195 0. If
staff deems further review for applications within the administrative
approval authority of staff is warranted staff may decline to act
and forward the application to the Board of Aldermen for final review
and approval.
[Ord. No. 4792 § 1, 8-2-2017]
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 is not a 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 any use 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 and complies with the provisions of Chapter 405. This term includes all facilities which normally occur within the right-of-way, including such other designations as highway, thoroughfare, parkway, expressway, road, pike, avenue, boulevard, lane, place, court, but shall not include an alley or pedestrian way.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders, or any
structural change in the roof.
A combination of materials, which in the reasonable opinion
of the Director of Planning and Development are intended to be used
for some purpose other than recreational uses and which are assembled,
constructed or erected at a fixed location, including a building,
the use of which requires location on the ground or attachment to
something located on the ground.
See Chapter 405.
An establishment that is licensed by the State pursuant to
Sections 324.520 — 324.524, RSMo., to be operated as an establishment
in which tattoos, body piercing or brandings are applied. The terms, "tattoo", "body piercing" and "branding" shall have the meanings defined for them in Section 324.520, RSMo.
This definition is not intended to prohibit, nor shall it be interpreted
in such a manner that prohibits salon or cosmetic tattoo services
which consist of the application of permanent makeup and coloring
for eyes, eyebrows and lips, so long as the person administering said
services is licensed by the State of Missouri.
This zoning ordinance.
A two-story dwelling that is one of a planned complex of
such contiguous or, zero (0) side yard setback, dwellings.
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 device 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. For the
purposes of this Chapter, a trailer is a single-family dwelling and
shall conform to all regulations therefor.
Any person who occupies any dwelling unit room or accommodation,
by furnishing renumeration or consideration to the owner thereof,
for a period of less than thirty-one (31) consecutive calendar days.
[Ord. No. 4831, 4-16-2018]
A deed involving two (2) or more principals which stipulates
that each has certain rights, responsibilities and obligations to
the other.
The purpose or activity for which land or a building thereon
is designed, arranged or intended or, for which it is maintained and
shall include any manner or performance of such activity with respect
to the performance requirements of this Chapter.
Regulations intended to delimit or emphasize the desired
nature and quality of uses permitted within a zoning district.
Regulations which relate to a specific quantifiable use condition
such as density or intensity or to building size, bulk or, siting
conditions occurring anywhere and for any type of building located
within a given zoning district.
Includes, as applied to any land or building, the words "intended,
arranged or designed to be used or occupied".
This term is synonymous with "SHORT-TERM RENTAL."
[Ord. No. 4831, 4-16-2018]
A grant or relief to a person from the requirements of this Chapter which permits construction in a manner otherwise prohibited by this Chapter where specific enforcement would result in an extreme hardship or severe practical difficulty to such person (see Article II, Division 7).
See "GARDEN APARTMENT".
The sale of goods, merchandise and commodities for resale.
An open space on the same lot with a principal building or
group of buildings which is unoccupied and unobstructed from its lowest
level upward except as otherwise permitted in this Chapter and which
extends along a lot line and at right angles thereto to a depth or
width specified in the yard regulations for the district in which
the lot is located.
A yard extending along the full width of the lot and lying
between the front property line of the lot and the building setback
line.
A yard extending across the full width of the lot and lying
between the rear property line of the lot and the building setback
line.
That part of the yard lying between the side property line
and the side building setback line.
A yard that must be provided with special buffering including
landscaping and screening located on a lot in a business district
which adjoins a lot in a residential district. A transitional yard
shall include any required yard or right-of-way setback.
This Chapter.
[R.O. 2009 §25-3; Ord. No. 2739 §43-2, 5-20-1985]
A.Â
This
Chapter is adopted for the following purposes:
1.Â
To protect, provide for and promote the public safety, health, convenience,
comfort, morals, prosperity and general welfare of the residents of
the City;
2.Â
To encourage the most appropriate use of land, to conserve and stabilize
the value of property, to provide adequate open spaces for light and
air, to prevent undue concentration of population, to avoid excessive
congestion of streets, to secure safety from fire, flood and other
dangers and to assist in the provision of adequate community utilities
and facilities such as transportation, water, sewage, schools, parks
and other amenities in the City;
3.Â
To guide the future growth and further development of the City in
accordance with the District Zoning Map and any Comprehensive Plan
which may be adopted for the City or for applicable portions thereof
and, in so doing, to implement the plans;
4.Â
To protect and conserve the value of buildings and improvements and
to minimize the adverse impact of development on adjoining or nearby
properties;
5.Â
To establish a beneficial relationship between the uses of land and
buildings and the public street system; to require the proper location
and design of streets and building lines; and to make adequate provision
for pedestrian traffic circulation;
6.Â
To encourage the wise use and management of natural resources; to
provide adequate and safe recreational areas; to maintain the natural
beauty and topography of the City and to ensure appropriate development
with regard to these natural features; to minimize the pollution of
air, ponds and streams; to ensure the adequacy of storm water drainage
and detention facilities.
[R.O. 2009 §25-4; Ord. No. 2739 §43-3, 5-20-1985]
The provisions of this Chapter shall be held to be minimum requirements
adopted for the promotion of the public health, safety and general
welfare. Whenever the regulations of this Chapter require a higher
standard than that required by other regulations, order of a public
official, private deed restriction or private covenants, this Chapter
shall govern. If the requirements of such other regulation, order,
private deed restriction or private covenant are the more restrictive,
then those requirements shall govern. This provision does not require
and shall not be interpreted to require the City to enforce private
deed restrictions.
[R.O. 2009 §25-5; Ord. No. 2739 §43-4, 5-20-1985]
A.Â
Except as may otherwise be provided in Article VI of this Chapter, from and after May 20, 1985, all new structures erected, all uses of land or structures established, all structural alterations to or the relocation of existing structures and all enlargements of or additions to existing uses shall be subject to all regulations of this Chapter that are applicable to the zoning districts in which such structures, uses or land shall be located.
B.Â
However,
where a building permit for a structure has been legally issued in
accordance with applicable laws and regulations in effect prior to
May 20, 1985 and provided that construction is begun within six (6)
months of the date of the building permit and diligently pursued to
completion, such structure may be completed in accordance with the
approved plans on the basis of which the building permit was issued.
Upon completion, the structure may be occupied under a certificate
of occupancy for the use originally designated, subject thereafter
to all provisions of this Chapter.
[R.O. 2009 §25-6; Ord. No. 2739 §43-5, 5-20-1985]
If any court of competent jurisdiction should hold any Article,
Section, clause or provisions of this Chapter to be invalid, the same
shall not affect the validity of the Chapter as a whole or any part
thereof, other than the part so declared to be invalid.
[R.O. 2009 §25-7; Ord. No. 2739 §43-104.4, 5-20-1985]
A.Â
Violations
of this Chapter shall include, but are not limited to, the following:
1.Â
The use, alteration or construction of buildings or the use or improvement
of land or a site not in accordance with the provisions of this Chapter
or with approvals given or permits issued pursuant to this Chapter;
2.Â
Failure to obtain permits as required by this Chapter;
3.Â
Failure to comply with the terms, conditions or restrictions of a
variation issued pursuant to this Chapter.
B.Â
Those
chargeable, singly or jointly, with violations of this Chapter, who
knowingly continue to violate or, after receiving notice of violations,
fail to correct the violations shall include, but are not limited
to, the following:
1.Â
Those who commit, assist in or otherwise participate in violations;
2.Â
The owner or other persons who maintain the building, premises, property
or other place where the violation has been committed or exists;
3.Â
The owner's agent or person in charge of the building, premises,
property or other place where the violation has been committed or
exists;
4.Â
The lessee or tenant of all or part of the building, premises, property
or other place where the violation has been committed or exists;
5.Â
The developer, agent, architect, contractor, subcontractor or any
other person who performs work or enters into a contract for work
in violation of this Chapter.
C.Â
The
Director of Planning and Development shall enforce this Chapter and
are authorized to institute any appropriate actions or proceedings
to prevent or to halt such unlawful use of such construction.
D.Â
Any
act which is determined by the Director of Planning and Development
to be prohibited by or in conflict with the provisions of this Chapter
shall be unlawful. Upon such a finding of violation the violator shall
be punished by a fine not exceeding five hundred dollars ($500.00)
or by imprisonment in the County Jail not to exceed ninety (90) days,
or by both such fine and imprisonment. Each day any violation of this
Chapter shall continue shall constitute, except where otherwise prohibited,
a separate offense.
