For the purpose of this Title, certain words and terms used herein
shall be defined and interpreted as follows:
All words used in the present tense include the future tense.
All words in the plural number include the singular number, and all
words in the singular number include the plural number, unless the
natural construction of the wording indicates otherwise. The word
"shall" is mandatory and not directory. The word "used" shall be deemed
also to include "designed, intended or arranged to be used."
ACCESSORY RENTALS, ACCESSORY RESIDENTIAL RENTALS, ACCESSORY
UNITS AND ACCESSORY RESIDENTIAL UNITS
1.
A habitable living unit that is:
a.
Within or added to a single-family dwelling; or
b.
A detached dwelling on the same lot as a single-family dwelling,
which:
(1)
Is not open to the remainder of the single-family dwelling;
(2)
Includes separate, complete, independent and permanent provisions
for living, sleeping, eating, cooking and sanitation; and
(3)
Which complies with the requirements of "R-2" Zones [Currently found in Section
405.240(A)(1)(b)].
2.
For purposes of the requirement in Subsection
(1)(b)(2) hereof, the unit shall, at a minimum, have the following amenities separate and exclusive from the single-family dwelling: a direct entrance from the exterior of the dwelling; lavatory; bathing or showering facilities; access to running water with sink; hot cooking facilities; electrically powered cold food storage, and no less than two (2) outside access points (door or window) sufficient to comply with then-current building/fire code requirements.
3.
Accessory rentals and accessory residential rentals are for
a period exceeding thirty (30) days.
ALLEY
A minor way, dedicated to public use, which is primarily
for vehicular access to the back side of the properties otherwise
abutting on a street.
APARTMENT HOTEL
An apartment house which furnishes service for the use of
its tenants which are ordinarily furnished by hotels, but the privilege
of which is not primarily available to the public.
AUTO WRECKING
The collection, burning out, dismantling or wrecking of used
motor vehicles, wheeled or track equipment, or trailers, or the storage,
sale of, dumping or dismantled, partially dismantled, obsolete or
wrecked motor vehicles, wheeled or track equipment, or trailers or
their parts. The dismantling and rebuilding other than customer repair
of more than one (1) motor vehicle, piece of wheeled or track equipment,
or trailer at a time even though not for profit or a principal use
of a parcel of land shall be defined as "auto wrecking." The storage
of a partially dismantled motor vehicle, piece of wheeled or track
equipment or trailer shall be considered auto wrecking.
BED AND BREAKFAST FACILITY
A type of short-term rental where a portion of a single-family
residence may be used for temporary guest accommodations.
BLOCK
A piece or parcel of land entirely surrounded by public highway,
streets, streams, railroad rights-of-way, parks, or a combination
thereof. There may be more than one (1) numbered block as shown on
a plat, falling within a single block as herein defined.
BOARD
The Board of Zoning Adjustment of the City of Maryville,
Missouri.
BUILDING
Any structure having a roof or partial roof supported by
columns, posts or walls for the enclosure of persons, animals, equipment
or chattels of any kind. A residential building within the meaning
of this Chapter shall include a building enclosed by a continuous
wall, regardless of the existence of platted lot lines through the
area occupied by such building. A commercial or industrial structure,
may, within the meaning of this Chapter, consist of separate buildings
where party walls or ownership lines exist in such a manner as to
indicate the intent that they be separate buildings. A tent shall
be defined as a building for the purposes of this Chapter.
BUILDING HEIGHT
The distance measured from the mean elevation of the grade
at the front face of the building to the highest point on the roof
or parapet of said building.
BUILDING OFFICIAL
The official appointed by the administration or the City
Council of Maryville, Missouri, and charged with the responsibility
of enforcing this Title.
BUILDING, ACCESSORY
Any structure erected or constructed, including buildings
as herein defined, the use of which required location on the ground
or attachment to something located on the ground and which is incidental
and customarily appurtenant to a principal use permitted on the zoning
lot, but not including fences and walls of less than six (6) feet
in height, or bank protection structures, regardless of height, provided
they do not project more than one (1) foot above the surface of the
ground on high side.
BUILDING, PRINCIPAL
A building in which is conducted the primary use of the site
on which it is situated. In any residential district any dwelling
shall be deemed to be the principal building of the site on which
it is located.
CERTIFICATE OF OCCUPANCY
A permit issued by the Building Official indicating that
the use of the building or land in question is in conformity with
this Chapter or that there has been a legal variance therefrom as
provided by this Chapter.
CHURCH
A building or property primarily used for public religious
worship and/or associated religious functions (education, fellow-ship,
etc.), including churches, synagogues, temples, or other places of
worship.
CLINIC, MEDICAL
A building or portion of a building containing the offices
and associated facilities of one (1) or more practitioners providing
medical, dental, psychiatric, osteopathic, chiropractic, physical
therapy or similar services for outpatients only, with or without
shared or common spaces and equipment. A common area pharmacy or drug
dispensary available to persons other than patients being treated
therein or making charges separate from bills for professional services
of said practitioners shall not be considered as a medical clinic
use. Not to include medical marijuana facilities.
CLUB
Includes clubhouse and shall mean a voluntary association
of persons organized for cultural, recreational, fraternal, civic,
charitable or similar purpose but shall not include an organization
or premises, the chief activity of which is a service or activity
customarily carried on as business even though it may be chartered
and named for purposes herein defining a club.
COMMISSION
The Planning and Zoning Commission of the City of Maryville,
Missouri.
COUNCIL
The City Council of the City of Maryville, Missouri.
COUNTRY CLUB
For the purposes of this Chapter, shall include golf courses,
par-3 courses, swimming pools, tennis clubs, and neighborhood clubhouses,
any and each of which shall be located on a site of not less than
one (1) acre and open only to membership subscribing for the use of
all facilities for a term of not less than one (1) year and members'
non-paying guests. Sleeping facilities other than for one (1) caretaker
or manager and his/her family shall be prohibited. Clubs operated
as restaurants, cocktail lounges, card rooms, beer taverns, bowling
alleys, pool and billiard parlors and similar activities normally
carried on as a business shall be construed to limit the method of
operation of such facilities enumerated in this definition when owned
or operated by a governmental agency.
DAY CARE CENTER
A Missouri Department of Health and Senior Services licensed,
regulated, or childcare subsidized facility where care is provided
for children by a child care provider for any part of the twenty-four-hour
day.
DAY CARE HOME
A dwelling occupied by a day care provider and conducted
or maintained for any part of the twenty-four-hour day to provide
care for hire for four (4) or fewer children not related to the day
care provider.
DRIVE-IN
May be used as a noun or adjective and shall refer to a business
which is designed to serve patrons while they are reposed in vehicles
or by means of service windows with the intent that products be consumed
in automobiles. This shall not be construed to include places for
making deposits from automobiles such as drive-in bank windows, post
office drop boxes or laundry or cleaning drop boxes.
DWELLING
A building or portion thereof designed exclusively for residential
occupancy, excluding hotels, motels, boarding, rooming and lodging
houses, travel trailers/recreational vehicles and tourist courts.
DWELLING UNIT
Any building or portion thereof which provides complete and
independent living facilities for one (1) or more persons, having
permanent provisions for living, eating, sleeping, cooking and sanitation
and which has a separate entrance/exit and separate utility metering.
DWELLING, ATTACHED (ROW)
A multi-family dwelling in which each dwelling unit has a
separate outdoor entrance and is either:
1.
Joined to one (1) other dwelling unit at one (1) side by one
(1) party wall; or
2.
Joined to two (2) other dwelling units by one (1) party wall
on each side; or
DWELLING, DETACHED
A dwelling that is completely surrounded by open space on
the same lot.
DWELLING, MOBILE
A vehicle used or so constructed as to permit its being used
as a conveyance upon a public street or highway and duly licensable
as such, and shall include self-propelled vehicles so designed, constructed,
reconstructed, or added to by any means, in such a manner as will
permit the occupancy thereof as a dwelling or sleeping place of one
(1) or more persons and supported by wheels, jacks or similar supports.
Transportable dwellings not meeting Building Code requirements for
a dwelling shall be treated as mobile dwellings.
DWELLING, MULTI-FAMILY
A building or portion thereof containing two (2) or more
dwelling units under one (1) roof.
DWELLING, TWO-FAMILY
A building containing two (2) dwelling units only, referred
to as duplex dwelling units.
FLAMMABLE LIQUIDS
Any liquid which gives off flammable vapors, as determined
by the flash point from an open-cup tester as used for test of burning
oils, at or below a temperature of eighty degrees Fahrenheit (80°
F.), is flammable.
FLOOR AREA
The floor area of a building, as used in calculating the
gross floor area ratio or as otherwise used in this Chapter, shall
include all areas having headroom of seven (7) feet or more, including
basement areas where they are used as a dwelling unit for sleeping
accommodations, or other family eating or living purposes, but not
including basement floor areas used for utility and storage purposes.
Floor area for business and industrial buildings shall include all
usable floor space above grade and that portion of basements used
for the conduct of business or industry, but not including utility
areas of said basements. Measurements shall be made at the outside
of outside walls. An area may be surfaced with natural earth and still
be considered a floor.
GOLF COURSE
Standard-sized layouts of at least nine (9) holes and shall
not include miniature golf courses, par-3 golf courses, pitch and
putt courses or driving ranges.
GRADE
The mean elevation of the ground measured along the wall
of a building, or lot line, or the top of a street curb not yet constructed,
or an official grade of an alley surface, as appropriate to the context
in which the term is used.
GROSS FLOOR AREA RATIO (GFAR)
The floor area of a building divided by the area of the zoning
lot as defined herein. (For example, a building one (1) story high
covering an entire lot would have a GFAR of 1.0 where as a building
two (2) stories high covering an entire lot would have a GFAR of 2.0
while a building one (1) story high covering half a lot would have
a GFAR of five-tenths (0.5).) Both principal and accessory buildings
shall be considered in calculating gross floor area.
GROUND COVERAGE
The area of a zoning lot occupied by all buildings expressed
as a percentage of the gross area of the zoning lot.
GROUP HOME
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.
HOME OCCUPATION, GENERAL
1.
A business occupation or profession carried on within a residential
dwelling by the resident thereof, and which shall have the following
characteristics:
a.
There shall not be external evidence of the occupation with
the exception of one (1) unlighted name plate of not more than one
(1) square foot in area attached flat against the building. Advertising
displays and advertising devices displayed through a window of the
building shall not be permitted.
b.
There shall be no emission of smoke, dust, odor, fumes, glare,
noise, vibration, electrical or electronic disturbance detectible
at the zoning lot line.
c.
The activity shall employ only members of the immediate family
of the resident of the dwelling.
d.
There shall not be a stock of goods on the premises in excess
of thirty (30) cubic feet in volume, none of which shall be of a flammable
nature.
e.
There shall be no signs, radios, television, newspapers, handbill
or similar types of advertising linking the address of the premises
with the home occupation.
f.
Said home occupation shall not involve continual visits by the
general public, except that music lessons may be given to four (4)
pupils at a time, and a dressmaker may have two (2) customers at a
time. A beauty shop or barber shall not be considered a home occupation.
g.
The above listed characteristics of a home occupation shall
not be construed to restrict the sale of garden produce grown on the
premises.
h.
Said occupation may include the caring for not more than four
(4) children at one (1) time for hire.
i.
Room or board for hire, but not for more than two (2) persons.
2.
Any business, occupation or profession, the operation of which
does not meet the aforesaid characteristics, shall not be interpreted
to be a home operation despite the fact that it may attempt to operate
in a residential building.
HOME OCCUPATION, LIMITED
1.
A business, occupation or profession carried on within a residential
dwelling by the resident thereof, and which has the following characteristics:
a.
There shall be no external or externally visible evidence of
the occupation, business or profession whatsoever.
b.
There shall be no emission of smoke, dust, odor, fumes, glare,
noise, vibration, electrical or electronic disturbance detectable
at the zoning lot line.
c.
The activity shall employ only members of the immediate family
of the resident of the dwelling.
d.
There shall be no stock of goods on the premises.
e.
There shall be no machinery other than that normally found in
a home.
f.
There shall be no contact at the premises with customers or
clients other than by telephone or mail, except that music lessons
may be given to one (1) pupil at a time, and cultural, art or dance
instruction may be given to four (4) pupils at one (1) time.
g.
Said occupation may include the care for of not more than four
(4) children at one (1) time for hire.
h.
There shall be no signs, radio, television, newspaper, handbill
or similar types of advertising linking the address of the premises
with the home occupation.
i.
The above listed characteristics of a limited home occupation
shall not be construed to restrict the sale of garden produce grown
on the premises, provided this exception shall not extend to allow
the operation of a commercial greenhouse or nursery or the existence
of stands or booths for display of said produce.
2.
Any business, occupation or profession, the operation of which
does not meet the aforesaid characteristics of a limited home occupation,
shall not be interpreted to be a limited home occupation despite the
fact that it may attempt to operate in a residential building.
JUNK
Old or scrap copper, brass, rope, rags, batteries, paper,
trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles,
or parts thereof, iron, steel, and other old or scrap ferrous or non-ferrous
material.
LOT
A zoning lot unless the context shall clearly indicate a
lot of record, in which case a lot is a lot of record.
LOT LINE
A boundary of a zoning lot. Lot line is synonymous with property
line.
LOT OF RECORD
Land designated as a separate and distinct parcel in a subdivision,
the plat of which has been recorded in the office of the County Recorder
of Nodaway County, Missouri, the deed to which was recorded in the
office of said Recorder prior to the adoption of this Chapter (June
10, 1991).
LOT WIDTH
The horizontal distance between side lot lines measured at
the front building line.
LOT, CORNER
A zoning lot situated at the intersection of two (2) streets,
or bounded on two (2) or more adjacent sides by street right-of-way
lines or in the case of curved right-of-way lines, when the extension
of tangents at the side lot lines yields an internal angle which does
not exceed one hundred thirty-five degrees (135°).
LOT, REVERSE CORNER
A corner zoning lot, the side street line of which is substantially
a continuation of the front lot line of the zoning lot to its rear.
LOT, THROUGH
A zoning lot having frontage on two (2) parallel or approximately
parallel diverging or converging streets, but not including a corner
lot as defined herein.
MARIJUANA CULTIVATION FACILITY
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport, and sell marijuana to a medical
dispensary facility, medical marijuana testing facility, or to a medical
marijuana-infused products manufacturing facility.
[Ord. No. 8558, 3-13-2023]
MARIJUANA DISPENSARY FACILITY
A facility licensed by the State of Missouri to acquire,
store, sell, transport, and deliver marijuana, marijuana-infused products
and drug paraphernalia used to administer marijuana as provided for
in this Chapter to a qualifying patient, a primary caregiver, another
medical marijuana dispensary facility, a medical marijuana testing
facility, or a medical marijuana-infused products manufacturing facility.
[Ord. No. 8558, 3-13-2023]
MARIJUANA FACILITY
A medical marijuana dispensary, medical marijuana cultivation
facility, medical marijuana testing facility, or medical marijuana-infused
products manufacturing facility.
[Ord. No. 8558, 3-13-2023]
MARIJUANA TESTING FACILITY
A facility certified by the State of Missouri, to acquire,
test, certify, and transport marijuana.
[Ord. No. 8558, 3-13-2023]
MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the State of Missouri, to acquire,
store, manufacture, transport, and sell marijuana-infused products
to a medical marijuana dispensary facility, a medical marijuana testing
facility, or to another medical marijuana-infused projects manufacturing
facility.
[Ord. No. 8558, 3-13-2023]
MICROBREWERY
A business whose primary activity is the brewing and selling
of beer, with an annual production of ten thousand (10,000) barrels
or less.
MINI-STORAGE or MINI-WAREHOUSE
A building or group of buildings containing individual, compartmentalized
and controlled access stalls or lockers for storage.
MINOR REPAIR, AUTOMOBILE
The replacement of minor assemblies or parts and tune-up
of automobiles, or trucks of less than fifteen thousand (15,000) pounds
gross license weight, but not including body and fender work, painting,
engine overhaul or similar type of work.
MODIFYING ZONE
A zone which is dependent upon a primary zone and which is
designed to add to the primary zone a specific restriction or liberalization
to meet specific locational needs which if accomplished by an additional
series of primary zones would make the ordinance unnecessarily lengthy
and complicated.
MOTOR HOTEL or HOTEL
A group of attached or detached living units with individual
toilet facilities designed primarily for transient guests and which
may include restaurants and other similar related services. Not more
than forty percent (40%) of the units in a motor hotel may be occupied
as residential units, provided each such unit must first be approved
by City Code Officials as to adequate life-safety conditions, occupants
per room, off-street parking spaces and other conditions protecting
the occupants and the public.
NON-CONFORMING BUILDING
A building or structure or portion thereof lawfully existing
at the time this Chapter (June 10, 1991) or an amendment thereto becomes
effective, which does not meet the bulk, height, yard, parking, loading
or other requirements of this Chapter or any amendment thereto.
NON-CONFORMING USE
A use which lawfully occupies building or land at the time
this Chapter (June 10, 1991) or an amendment thereto becomes effective
but does not meet the requirements of this Chapter or any amendment
thereto.
OUTDOOR ADVERTISING
An outdoor sign, display, device, figure, painting, drawing,
message, plaque, poster, billboard, or other thing designed, intended
or used to advertise or inform, any part of the advertising or information
contents of which is visible from any point of the traveled ways of
the interstate or primary systems.
PAR-3 GOLF COURSE
A golf course other than a miniature golf course and other
than a golf course defined herein and having greens similar to a golf
course and fairways of not less than fifty (50) yards in length. A
par-3 golf course may not be lighted unless so specified as permitted
in the text of this Chapter.
PORTABLE STORAGE CONTAINER
Any box-like container which is transported by truck or trailer
to a desired location for drop off and which is otherwise stored at
an off-site location. A common term for portable storage container
is PODS, an acronym for portable on-demand storage. The term shall
not include yard waste containers, construction debris containers,
or similar.
[Ord. No. 8577, 4-24-2023]
PRIMARY ZONE
A zoning classification which can stand alone as a classification
of a parcel of property.
PRINCIPAL PERMITTED USE
That use of a zoning lot which is among the uses allowed
as a matter or right as the exclusive use of a lot under the zoning
classification.
ROOMING HOUSE
A dwelling containing one (1) or more lodging rooms that
accommodate one (1) or more persons who are not members of the keeper's
family; provided, however, that the letting of rooms for hire, to
the extent permitted by this Chapter as a home occupation, shall not
in itself cause a dwelling to be a rooming house. In a rooming house,
lodging or meals are provided for compensation on a weekly or monthly
basis. Rooming house includes boardinghouse.
SHORT-TERM RENTAL
The rental of a property, a dwelling unit, bed and breakfast
facility, or portion thereof for a period of less than thirty (30)
consecutive days, excluding hotels and motels.
SPECIAL USE PERMIT
A use which is not allowed in a zone as a matter or right,
but which is permitted by the Council based on findings and recommendations
of the Planning and Zoning Commission.
SPOT ZONE
Any area which is less than one-half (1/2) of a City block.
A one-half (1/2) City block shall consist of an area equal to the
size of four (4) "R-2" standard lots or an area of not less than twenty-eight
thousand eight hundred (28,800) square feet (60 ft. x 120 ft. x 4
= 28,800).
STORY
That portion of a building included between the upper surface
of a floor and the upper surface of the floor next above, except that
the topmost story shall be that portion of a building included between
the upper surface of the topmost floor and the ceiling or roof above.
If the finished floor level directly above a basement, cellar or crawl
space is more than six (6) feet above grade, as defined herein, for
more than fifty percent (50%) of the total perimeter, or is more than
twelve (12) feet above grade at any point, such basement, cellar or
crawl space shall be considered a story.
STREET
The entire width between property lines dedicated or acquired
for the purpose of public use for vehicular traffic or access other
than an alley. Where a way or place exists by virtue or consent agreement
or an established public right, then for the purpose of this Chapter
the way or place shall be considered to be fifty (50) feet in width
falling half on each side of the center line of the traveled way.
Where the dimensions, set out in a consent agreement, exceed fifty
(50) feet, then the larger dimension shall govern.
STRUCTURAL ALTERATIONS
Any change in the structural members of a building, such
as walls, columns, beams or girders. Vehicles duly licensed for operation
upon public streets or highway shall not be considered structures.
STRUCTURE
Anything constructed or erected with a fixed location on
the ground or attached to or resting on something having a fixed location
on the ground. Moreover, the following shall always be considered
structures: buildings, walls, fences, signs and billboards.
UNRELATED PERSONS
Persons who are not related within the third degree of consanguinity
or affinity.
USE
The purpose for which land or a building is designed, arranged
or intended or to which said land or building is occupied, maintained
or leased.
USE, ACCESSORY
A use customarily incident to a principal permitted use or
building and located on the same zoning lot with such principal use
of building.
USE, SPECIFICALLY EXCLUDED
A use of land or a structure which is excluded from a zone
by the operation of other regulations of the zone, and which is specifically
enumerated as excluded for purposes of clarity of intent and ease
of reference.
WAREHOUSE
A building used primarily for the storage of goods and materials.
WAREHOUSE, DISTRIBUTION
Use engaged in storage, wholesale and distribution of manufactured
products, supplies and equipment.
YARD, FRONT
An open space extending the full width of the zoning lot,
between the main building and the front lot line, unoccupied and unobstructed
by buildings or structures in excess of thirty (30) inches in height
except as provided herein, the depth of which shall be measured as
the least distance between the front lot line and the front of such
main building.
YARD, REAR
An open space extending the full width of the zoning lot,
between the main building and the rear lot line, unoccupied and unobstructed
by buildings or structures in excess of thirty (30) inches in height
except as provided herein, the depth of which shall be measured as
the least distance between the rear lot line and the rear of such
main building.
YARD, SIDE
An open space extending from the front yard to the rear yard,
between the main building and the side lot line, unoccupied and unobstructed
by buildings or structures in excess of thirty (30) inches in height
except as provided herein, the depth of which shall be measured as
the least distance between the side lot line and the side of such
main building.
ZONING LOT
A single tract of land, located within a single block which
at the time of filing for a building permit or certificate of occupancy
is designated by the owner or developer as a tract to be used, developed
or built upon as a unit, under single or unified ownership or control,
and assigned to the particular use, building or structure for which
the building permit or certificate of occupancy is issued and including
such area of land as may be required by the provisions of this Chapter
for such use, building or structure.