[CC 1964 §701.020; Ord. No. 2019-012, 8-8-2019]
Definitions of certain words and terms to be used in construing
the meaning of this Chapter are hereby defined. Words used in the
present tense include the future; the singular number includes the
plural, and the plural the singular; the word "shall" or the word
"must" is mandatory and not directory.
A use or building customarily incident to the then actual
principal use or building and located on the same lot with such actual
principal use or building.
A public way which affords only secondary access to abutting
property.
A group of not more than a total of twelve (12) amusement
devices for children only, including pony rings, and their necessary
accessory uses, located on a plot of ground with an area of not over
three (3) acres, which area shall include provision for off-street
parking.
That portion of an apartment house or hotel designed or intended
for use by a single family unit.
An apartment house which furnishes services, for the use
of its tenants, which are ordinarily furnished by hotels but the privileges
of which are not primarily available to the public.
A building arranged, intended or designed to be occupied
by five (5) or more families living independently of each other.
An accessory building which has at least twenty-five percent
(25%) of any wall common with a wall or portion of a wall of a principal
building, or it is built as an integral part of the principal building,
or which is attached to the principal building in a substantial manner
by a roof.
The dismantling or wrecking of used motor vehicles or trailers,
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
A single-floor residence which has more than twenty-five
percent (25%) of the outer wall area below the mean level of the surrounding
ground.
A piece or parcel of land entirely surrounded by public highways,
streets, streams, railway rights-of-way, or park, etc., or a combination
thereof.
The word "Board" shall be construed to mean the Board of
Zoning Adjustment as now provided by Statute.
Any structure having a roof supported by columns or walls
for the housing or enclosure of persons, animals or chattels.
A line established, in general, parallel to the front street
line between which and the front street line no part of a building
shall project, except as otherwise provided.
The mean level of the curb in front of the lot, or in case
of a corner lot, along that abutting street where the mean curb level
is the highest.
A building or portion thereof designed exclusively for residential
occupancy, but not including hotels.
A dwelling or portion thereof designed for occupancy by one
(1) family.
A building or portion thereof designed for occupancy by three
(3) or more families living independently of each other.
An individual, or two (2) or more persons related by blood
or marriage, or a group of not more than five (5) persons (excluding
servants) who need not be related by blood or marriage, living together
as a single housekeeping unit in a dwelling unit.
A building, or portion thereof, other than a public, private
or storage garage, providing storage for motor vehicles with facilities
for washing, but not other services, such garage to be in lieu of
private garages within a block or portion of block.
An accessory building for the storage only of motor vehicles
owned by the residents of the property.
A building or premises which is operated for commercial purposes
and used for the storage, care or repair of motor vehicles.
A building, or portion thereof, except those defined as a
private or a community garage, providing storage for motor vehicles,
with facilities for washing but no other services.
Any home in which eight (8) or fewer unrelated mentally or
physically handicapped persons reside, 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
persons residing in the home.
A building project, consisting of five (5) or more buildings
(whether separately located or separated only, but completely, by
fire walls) to be constructed on a plot of ground of three (3) or
more acres in one (1) ownership which is not subdivided into the customary
streets and lots, or where the existing or contemplated street or
streets and lot layouts make it impracticable to apply the requirements
of this order to the individual building units in such housing project.
The vertical distance measured from the highest of the following
three (3) levels:
From the street curb level;
From the established or mean street grade in case the curb has
not been constructed;
From the average finished ground level adjoining the building
if it sets back from the street line;
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To the level of the highest point of the roof beams of flat
roofs or roofs inclining not more than one (1) inch to the foot, and
to the mean height level of the top of the main plate and highest
ridge of other roofs.
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The vertical distance from the lowest level of such yard
or court to the highest point of any boundary wall.
Any occupation which is customarily incidental to the main
use of the premises as a dwelling place, and is conducted by a member
of a family residing in the dwelling, and in connection with which
there is kept no stock in trade nor commodity sold upon the premises;
provided that no person is employed other than a member of the immediately
family, related by blood or marriage, residing on the premises; provided,
further, that no mechanical equipment is installed or used in excess
of one-quarter (1/4) HP per machine, or a total of one (1) HP, other
than machines used for domestic purposes.
A building occupied or used as a more or less temporary place
of residence by individuals or groups of individuals who are lodged,
with or without meals, and in which there are more than five (5) sleeping
rooms, and no provision made for cooking in any individual guest room.
A dwelling where meals are provided for five (5) or more
persons for compensation, pursuant to previous arrangements, but not
available to the public or transients.
A dwelling where lodging is provided for five (5) or more
persons for compensation, pursuant to previous arrangements, but not
available to the public or transients.
A row of three (3) or more attached one-family dwellings
not more than two and one-half (2 1/2) stories in height.
A place where waste, discarded or salvaged metals, used plumbing
fixtures, and other materials are bought, sold, exchanged, stored,
baled or cleaned, and places or yards for the storage of salvaged
materials and equipment from house wrecking and salvaged structural
steel materials and equipment, but excluding pawn shops and establishments
for the sale, purchase or storage of used cars in operable condition,
salvaged machinery, used furniture and household equipment, and the
processing of used, discarded or salvaged materials as part of manufacturing
operations.
A plot, parcel or tract of land occupied or proposed to be
occupied by one (1) building and the accessory buildings or uses customarily
incident to it, including at least such open spaces as are required
by this Chapter, and such open spaces as are arranged and designed
to be used in connection with such building and having its principal
frontage on a street or place.
The mean horizontal distance from the front street line to
the rear line of a lot.
The lines bounding a lot as defined herein.
The mean horizontal distance between the side lines measured
at right angles to the depth.
A lot abutting upon two (2) or more streets at their intersection.
A lot whose side lines do not abut upon a street.
An interior lot having frontages on two (2) streets, as distinguished
from a corner lot.
Lots or portions of lots shall be deemed "back to back" when
they are on opposite sides of the same part of a rear line common
to both, in whole or in part, and the opposite street lines on which
the lots front are parallel with each other or make an angle with
each other of not more than forty-five degrees (45°).
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
(3/10) of one percent (1%) on a dg weight basis, or commodities or
products manufactured from industrial hemp.
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.
A facility licensed by the 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.
A facility licensed by the Department of Health and Senior
Services, to acquire, store, sell, transport, and deliver marijuana,
marijuana-infused products, and drug paraphernalia used to administer
marijuana as provided for in this Section to a qualifying patient,
a primary caregiver, another medical marijuana dispensary facility,
a medical marijuana testing facility, or a medical marijuana-infused
products manufacturing facility.
A facility certified by the Department of Health and Senior
Services, to acquire, test, certify, and transport marijuana.
A facility licensed by the 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.
A use, building or yard existing legally at the time of passage
of this order that does not by reason of design or use conform to
the regulations of the district in which it is situated.
A surfaced area, enclosed or unenclosed, sufficient in size
to store one (1) automobile, having the minimum dimensions of eight
(8) feet by eighteen (18) feet and a minimum area of one hundred forty-four
(144) square feet, together with a permanently surfaced driveway connecting
the parking space with a street or alley to permit the ingress and
egress of a motor vehicle.
An open, unoccupied space, other than a street or alley,
at least ten (10) feet in width, permanently reserved as the principal
means of access to abutting or adjacent property.
The minimum horizontal distance from the rear line of the
principal building to the rear lot line.
A place where used parts of automobiles or other equipment
are collected and processed for resale.
A detached accessory building for the housing of horses,
ponies or mules owned by the occupants of the premises and not kept
for remuneration, exhibition, hire or sale.
A stable other than a private stable or riding stable as
defined herein.
A structure in which horses, mules or ponies used exclusively
for pleasure riding or driving are housed, boarded or kept for hire,
including riding tracts or academies.
That part of a building included between the surface of any
floor and the surface of the floor next above, or, if there be no
floor above, then the space between such floor and the ceiling next
above it. A top story attic is a half story when two (2) of its opposite
sides are situated in a sloping roof, and at least the floor area
of which does not exceed two-thirds (2/3) of a floor area immediately
below it.
The dividing line between the street and the lot.
A public thoroughfare which affords principal means of access
to abutting property.
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, but not including extension or enlargement.
Anything constructed or erected, which requires location
on the ground, or attached to something having a location on the ground;
including but not limited to advertising signs, billboards and poster
panels; but exclusive of customary fences or boundary or retaining
walls.
A "drive-in theater" is an open-air theater, without cover
or roof, operated in an area with established permanent service buildings
and structures, where the general public may view the performance
from motor vehicles.
The word "truck" shall include tractor and trailer trucks.
A modification or variation of the provisions of this Chapter
as applied to a specific piece of property.
An open space, unoccupied except as hereinafter provided,
on the same lot with a building, between the wall of the building
nearest the street on which the lot fronts and the line of that wall
extended, the side lines of the lot and the front street line of the
lot. The minimum depth of the front yard shall be the distance between
the nearest point of the street wall of the building and the front
line of the lot, or that line produced, measured at the right angles
to the front line of the lot. The front yard of a corner lot shall
be adjacent to that street on which the lot has its least dimension,
unless otherwise designated by the Commission.
The least of the horizontal dimensions at any level of such
yard at such level.
An open space, unoccupied, except as hereinafter provided,
on the same lot with a building, between the rear line of a building
and that line extended, the side lines of the lot and the rear line
of the lot. Where no rear line exists, a line parallel to the front
street line and the distance as far as possible therefrom entirely
on such lot and no less than ten (10) feet long shall be deemed the
rear line. The depth of the rear yard shall be the distance between
the nearest point of the rear wall of the building and the rear line
of the lot, or that line produced, measured at right angles to the
rear line of the lot.
An open space, unoccupied, except as hereinafter provided,
on the same lot with a building, situated between the building and
the side line of the lot and extending through from the front yard
to the rear yard.
[CC 1964 §701.030]
A.
The
various requirements and provisions of this Chapter shall be held
to be general rules and regulations for the promotion of health, safety,
morals, or the general welfare of the community; to lessen congestion
in the streets; to secure safety from fire, panic and other dangers;
to provide adequate light and air; to prevent the overcrowding of
land; to avoid undue concentration of population; and to facilitate
the adequate provision of transportation, water, sewage, schools,
parks and other public requirements.
B.
Compliance With Chapter. Except as hereinafter provided:
1.
No building or structure shall be erected, moved, reconstructed,
extended or structurally altered, nor shall any building, structure
or land be used for any purpose other than that which is permitted
in the district in which said building, structure or land is situated
or proposed to be situated.
2.
No building or structure shall be erected, moved, reconstructed,
extended or structurally altered to exceed the height or area limit
herein established for the district in which such building or structure
is situated or proposed to be situated.
3.
No lot area shall be reduced or diminished so the yards or other
open spaces shall be smaller than prescribed by this Chapter, nor
shall the density of population be increased in any manner except
in conformity with the area regulations established herein.
[CC 1964 §701.010]
A.
Designation. There are hereby created the following districts
and zones:
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District "R-1" — One-Family Dwelling House District.
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District "R-2" — Two-Family Dwelling House District.
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District "R-4" — Apartment House District.
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District "MHD" — Mobile Home District.
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District "C-1" — Neighborhood Retail Business District.
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District "C-2" — Local Retail Business District.
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District "M-1" — Light Industrial District.
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B.
District Boundaries — Zoning District Maps. The boundaries
of the districts as enumerated above are hereby established and adopted
and shown on the zoning maps, which maps are hereby made a part of
this Chapter and are designated as the "Zone District Maps" and said
maps and all notations, references and information shown thereon are
hereby made a part of this Chapter as though same were fully set forth
herein. It shall be the duty of the Northmoor Zoning Commission to
keep on file in the office of the Commission, an authentic copy of
said maps showing all changes, amendments or additions thereto.
C.
Interpretation Of District Boundaries. When definite distances
are not shown on the Zoning District Maps, the district boundaries
are intended to be along existing streets, alleys or platted lot lines
or extensions of same, and if the exact location of such lines is
not clear, it shall be determined by the Zoning Commission, subject
to review by the Board of Zoning Adjustment, due consideration being
given to location as indicated by the scale on the Zoning Maps. Where,
on account of any vacation proceeding or for any other cause, the
streets or alleys on the ground differ from the streets or alleys
as shown on the Zoning Map, the Board of Zoning Adjustment may apply
the district designations on the map or maps to the streets or alleys
on the ground in such manner as to conform to the intent and purpose
of this Chapter.
D.
Vacation Of Street Or Alley. Whenever any street or alley
is vacated, the district classification for property contiguous to
any such street or alley shall automatically be extended to the centerline
of any such vacated street or alley.
E.
Annexation. All territory which may hereafter be annexed
to the City of Northmoor, Missouri, shall automatically be classed
as lying and being in District "R-1" until such classification shall
have been changed by an amendment to this Chapter as provided by law.
