City of Fredericktown, MO General Provisions

[R.O. 2013 § 405.010; Ord. No. 11-34 § 1, 7-25-2011]

Short Title. This Chapter shall be known and may be cited and referred to as the "Zoning Ordinance" of the City of Fredericktown, Missouri.

Definitions. For the purposes of this Chapter, certain terms and words are hereby defined. Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word "building" shall include the word "structure," and the word "shall" is mandatory and not directory.

ACCESSORY BUILDING

A subordinate building, or a portion of the main building, which is incidental to the principal building or use and which is located on the same lot with such principal building or use.

ACCESSORY STRUCTURE

A detached subordinate structure, the use of which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use, and which is greater than one hundred fifty (150) square feet in size.

[Ord. No. 21-36, 12-13-2021]

ACCESSORY USE

A use incidental to the principal use of a building located on the same lot with the principal building or use.

AGRICULTURAL (FARM) USE

An area which is used for the growing of the usual farm products, such as vegetables, fruit, trees, and grain, and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep and swine. The term "farming" includes the operating of such an area for one (1) or more of the above uses, including dairy farms with the necessary accessory uses for treating or storing the produce; provided however, that the operation of such accessory uses shall be secondary to that of the normal farming activities, that such land shall consist of at least ten (10) acres in one (1) parcel under common ownership or operation, and provided further, that farming does not include the feeding of collected garbage or offal to swine or other animals.

ALLEY

A public or private thoroughfare or way which affords only a secondary means of access to abutting property.

APARTMENT/APARTMENT HOUSE

See "dwelling, multiple."

BALCONY

A platform that projects from the wall of a building and is enclosed by a parapet (low wall) or railing.

BASEMENT

A story having one-half (1/2) or more of its height above-grade. A basement is counted as a story for the purpose of height regulation if subdivided and used for dwelling purposes other than by a janitor employed on the premises.

BILLBOARD or SIGN BOARD

A panel or structure designed to carry or display a sign or advertisement outdoors for the purpose of making anything known, including those in which the origin or point of sale is remote from said display. Billboards shall include walls, fences, or other structures on which advertising signs may be painted or attached.

BOARDING, LODGING, OR ROOMING HOUSE

A building or place where rooming, lodging, or lodging and boarding are provided (or which is equipped to regularly provide such services) by prearrangement for definite periods and for compensation. A boarding, lodging, or rooming house may have accommodations for three (3) or more persons, but not more than nine (9) persons. A boarding, lodging, or rooming house is distinguished from a hotel which is open to transients and has accommodations for ten (10) or more persons.

BUILDABLE WIDTH

The width of the lot left to be built upon after the side yards are provided.

BUILDING

Any structure having a roof supported by columns or walls built for the support or enclosure of persons, animals, chattels, or property of any kind, but not including any vehicle, trailer (with or without wheels) nor any movable device, such as furniture, machinery, or equipment.

BUILDING, HEIGHT OF

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 the ridge for gable, hip, and gambrel roofs.

CANOPY

An independent, ground-supported, roofed structure with totally open sides.

CELLAR

A story having more than one-half (1/2) of its height below grade. A cellar shall not be counted as a story for the purpose of height regulation.

CHILD- OR DAY-CARE CENTER

Any place, home or institution which receives five (5) or more children under the age of sixteen (16) years, and not of common parentage, for care apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation; provided however, this definition shall not include public or private schools organized, operated or approved under the laws of this State, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree of the custodial person, or to churches or other religious or public institutions caring for children within the institution building while their parents or legal guardians are attending services or meetings or classes or engaged in church activities.

CLINIC, MEDICAL OR DENTAL

An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by a group of physicians or dentists practicing medicine or dentistry together.

CLUB

A building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

COMMERCIAL USE

Generally, any business of a commercial nature that has as its primary function the direct sale of goods or services to the general public.

COMPREHENSIVE PLAN

An official document adopted by the City of Fredericktown setting forth a plan for the physical development of the community including studies of land use, streets, traffic volume and flow, schools, parks, and other public buildings.

CONDOMINIUM

A single-dwelling structure intended to be occupied by a number of single families and within which each single-family dwelling unit is sold to its occupants as an individually subdivided parcel of the entire structure.

DISTRICT, ZONING

A section or sections of the City of Fredericktown for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of the use are uniform.

DRIVE-IN RESTAURANT OR CAFE

A restaurant, cafe, or similar establishment where the facilities or services are designed to permit food or beverages to be consumed on the premises outside the building or in automobiles parked on the premises.

DWELLING

Any building or portion thereof which is designed and used exclusively for residential purposes.

DWELLING, ATTACHED SINGLE-FAMILY

One (1) of a series of attached dwellings designed exclusively for occupancy by one (1) family and located on individually subdivided lots of record. Attached single-family dwellings may be of the townhouse, patio house, or condominium types, so long as each unit is located on an individual lot of record to be conveyed as part of the property which each unit occupies.

DWELLING, DETACHED SINGLE-FAMILY

A building designed for or occupied exclusively by one (1) family and entirely surrounded by a yard or other separation from buildings or adjacent lots.

DWELLING, MULTIPLE- OR APARTMENT

A building or portion thereof designed for or occupied by three (3) or more families living independently of each other, exclusive of attached single-family dwellings, townhouses, patio houses, or condominiums on individually subdivided lots of record.

DWELLING, TWO-FAMILY

A building or portion thereof designed for or occupied by two (2) families living independently of each other, including a duplex or semi-detached dwelling.

DWELLING UNIT

One (1) or more rooms in a dwelling designed for or intended to be occupied as separate living quarters by a single family as defined herein.

FAMILY

One (1) or more persons related by blood, marriage or adoption, occupying a dwelling unit as an individual housekeeping organization and not more than two (2) other persons not related by blood, marriage or adoption, or a group of not more than three (3) persons (excluding servants) not related by blood, marriage, or adoption and living together as a single housekeeping organization in a dwelling unit. See also the definition of "group home" in this Section.

FILLING STATION

Any building or premises used for the sale at retail of motor vehicle fuels, oil, or accessories, or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacement of motors, bodies or fenders of motor vehicles, or painting motor vehicles, and excluding public garages.

FLOOR AREA

The total number of square feet of floor space within the exterior walls of a building, not including space in cellars, basements, porches, carports, or garages. However, if the cellar or basement is used for business or commercial purposes, it shall be counted as floor area in computing off-street parking requirements.

FRONTAGE

All the property on one (1) side of a street between two (2) intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead-ended, then all the property abutting on one (1) side between an intersecting street and the dead end of the street, but not including property more than four hundred (400) feet distant on either side of a proposed building or structure.

GARAGE, COMMERCIAL OR PUBLIC

Any building or premises, except those used as a private or storage garage, used for equipping, repairing, hiring, selling or storing motor-driven vehicles. The term "repairing" shall not include an automotive repair shop nor the rebuilding, dismantling, or storage of wrecked or junked vehicles.

GARAGE, PRIVATE

A detached accessory building or portion of the main building housing the automobiles of the occupants of the premises, provided that no business, occupation, or service is conducted for profit therein nor space therein for more than one (1) car is leased to a non-resident of the premises.

GARAGE, STORAGE OR PARKING

A building or portion thereof designed or used exclusively for term storage by pre-arrangement of motor-driven vehicles, as distinguished from daily storage furnished transients, and within which motor fuels and oils may be sold, but no motor-driven vehicles are equipped, repaired, hired, or sold.

GRADE

The average level of the furnished surface of the ground adjacent to the exterior walls of the building, except when any wall approximately parallels and is more than five (5) feet from a street line, then the elevation of the street at the center of the wall adjoining the street shall be grade.

GROUP HOME

The classification of single-family dwelling or single-family residence shall include the following:

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. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards.

Any private residence licensed by the Children's Division or Department of Mental Health to provide foster care to one (1) or more but less than seven (7) children who are unrelated to either foster parent by blood, marriage or adoption. Nothing in this Subsection shall be construed to relieve the Children's Division, the Department of Mental Health or any other person, firm or corporation occupying or utilizing any single-family dwelling or single-family residence for the purposes specified in this Subsection from compliance with any ordinance or regulation relating to occupancy permits except as to number and relationship of occupants or from compliance with any building or safety code applicable to actual use of such single-family dwelling or single-family residence.

HOME OCCUPATION

Any occupation or activity which is clearly incidental and secondary to the use of the premises for dwelling purposes and which is carried on wholly within the main building or accessory building by a member of the family residing on the premises, provided that no person not a resident on the premises is employed, no stock in trade is kept, or commodities sold, no internal or external alterations or special construction of the premises are involved, no equipment shall be used which creates offensive noise, vibration, sound, smoke, dust, odors, heat, glare, x-ray or electrical disturbance to radio or television instruments, no generation of substantial volumes of vehicular or pedestrian traffic or parking demand is created, and in connection with which there is no advertising sign displayed other than a nameplate not exceeding one (1) square foot in area, and there is no other exterior indication that the building is being used for any purpose other than a dwelling. When the above requirements permit, home occupations include, but are not limited to, the following:

Art studio;

Babysitting, limited to two (2) children at one time;

Dressmaking or tailoring;

Home crafts, provided that no machinery or equipment be used other than that customarily found in a home;

Office of a physician or dentist for consultation or emergency treatment, but not for general professional practice or normal treatment of patients;

Professional office of a real estate agency, insurance agent, engineer, attorney, or similar occupation;

Teaching, including music instruction, limited to not more than two (2) pupils at one time.

Permitted home occupations shall not be interpreted to include barbershops, beauty shops, child- or day-care centers, nursery schools, auto repairing, antique shops, sign painting, restaurants, plumbing and electrical appliance shops, stables, kennels, or animal hospitals, or any other light manufacturing or assembling operations.

HOTEL

Any building or portion thereof that contains guest rooms that are intended to be used or occupied, or are occupied, by ten (10) or more persons for compensation, whether it be paid directly or indirectly, 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.

INDUSTRIAL PARK

A tract of land, the control and administration of which are vested in a single body, suitable for industrial use because of location, topography, proper zoning, availability of utilities, and accessibility to transportation. The uses permitted are regulated by protective minimum restrictions including size of site, parking and loading regulations, and building setback lines from front, side and rear yards.

INDUSTRY or INDUSTRIAL

As used in this Chapter, are restricted to establishments primarily involved in product manufacturing and processing, heavy equipment uses, and warehousing. It does not include retail and wholesale trades, agricultural uses, institutional uses, and other businesses that are primarily commercial in nature.

INSTITUTION

A building occupied by a non-profit corporation or a non-profit establishment for public use.

LOADING SPACE

An off-street space or berth on the same lot with a building, or within a building, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley, or other appropriate means of access. A loading space shall have minimum dimensions of twelve (12) feet by thirty-five (35) feet and a vertical clearance of at least fourteen (14) feet.

LOT

A parcel of land occupied or intended for occupancy by a use permitted in this Chapter, including one (1) main building together with its accessory buildings, accessory structures, open spaces, and parking spaces required by this Chapter, and having its principal frontage upon a street or upon an officially approved place.

[Ord. No. 21-36, 12-13-2021]

LOT, CORNER

A lot abutting upon two (2) or more streets at their intersection.

LOT COVERAGE

That percentage of a lot which, when viewed from above, would be covered by a structure or structures, or any part thereof, excluding roof eaves.

LOT, DEPTH OF

The mean (average) horizontal distance between the front and the rear lot lines.

LOT, DOUBLE FRONTAGE

A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.

LOT OF RECORD

A lot which is a part of a subdivision, the map of which has been recorded in the office of the County Recorder of Madison County, Missouri, or a lot or parcel of land, the deed of which has been recorded in the office of the County Recorder of Madison County, Missouri, prior to the adoption of this Chapter.

MANUFACTURER

An establishment whose primary function is the mechanical or chemical transformation or processing of materials or substances into new products, including the assembly of component parts and blending of materials.

MOBILE HOME

A factory-built structure or structures more than eight (8) body feet in width and thirty-two (32) body feet or more in length, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the mobile home placed thereon may be moved from time to time at the convenience of the owner.

MODULAR HOME UNIT

A factory-fabricated, transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational or industrial purposes. For the purposes of this Chapter, modular home units are considered as permissible single-family dwellings in all residential districts.

MOTEL, MOTOR COURT, MOTOR LODGE or TOURIST COURT

Any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located on the lot, and designed, used, or intended wholly or in part for the accommodation of transients in automobiles.

NON-CONFORMING USE

Any building or land lawfully occupied by a use at the time of passage of this Chapter or amendment thereto which does not conform after the passage of this Chapter or amendment thereto with the use regulations of the district in which it is situated.

NURSING, REST, OR CONVALESCENT HOME

A home for the aged or infirm, in which three (3) or more persons not of the immediate family are received, kept or provided with food and shelter or care, for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis, treatment or care of the sick or injured.

OFFICE

A place where business or services for others is transacted and not a place where chattels or goods, wares, or merchandise are commonly created, exchanged, or sold.

PARKING AREA

An open, unoccupied space used or required for use exclusively for the parking of vehicles, and in which no gasoline or vehicular accessories may be sold, nor other business conducted, nor fees charged.

PARKING LOT

An open, surfaced area used exclusively for the temporary storage of motor vehicles and within which motor fuels and oils may be sold and fees charged, but no vehicles may be equipped, repaired, rented or sold.

PARKING SPACE, OFF-STREET

An area, enclosed or unenclosed, sufficient to store one (1) automobile, together with a driveway connecting the parking space with a street, road, or alley and permitting ingress and egress of an automobile. An off-street parking space shall have minimum dimensions of nine (9) feet by twenty (20) feet, exclusive of driveways.

PATIO HOUSES

A group of basically "L" shaped, single-family dwellings, which more or less enclose a private courtyard or patio and within which each single-family unit is located on an individual subdivided lot.

PLACE

An open, unoccupied space or a public or private thoroughfare, other than street or alley, permanently reserved as the principal means of access to abutting property.

PLAT

A map, plan or layout of a City, township, section or subdivision indicating the location and boundaries of individual properties.

PORCH

A covered entrance to a building, usually with a separate roof, that may or may not be enclosed, or a roofed, open gallery attached to the exterior of a building.

PREMISES

A lot, together with all buildings and structures thereon.

PUBLIC BUILDING OR FACILITY

A building or facility owned or operated by a general unit of local, State or Federal Government; or a building or facility operated or used by a non-profit organization and open to general use by the public.

SHOPPING CENTER

A group of architecturally unified commercial establishments built on a site which is planned, developed, owned, and managed as an operating unit related in its location, size, and type of shops to the trade area that the unit serves. The unit provides on-site parking in definite relationship to the types and total size of the stores.

SIGN

An identification, description, illustration or device which is affixed to or represented directly or indirectly upon a building, structure, or land, and which directs attention to a product, place, activity, person, institution, or business, or which provides general information.

STORY

That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

STORY, HALF

A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than sixty percent (60%) of the floor area is finished off for use.

A half story may be used for occupancy only in conjunction with and by the occupancy of the floor immediately below.

STREET

A public or private right-of-way or thoroughfare which affords the principal means of access to abutting property.

STREET LINE

A dividing line between a lot, tract, or parcel of land and a contiguous street.

STRUCTURAL ALTERATION

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, excepting such repair or replacement as may be required for the safety of the building, but not including openings in the bearing walls as permitted by existing ordinances.

STRUCTURE

Anything constructed or erected, the use of which requires permanent location on or in the ground or attached to something having permanent location on the ground, including, but without limiting the generality of the foregoing: buildings, fences, gazebos, advertising signs, billboards, backstops for tennis courts, radio and television antennas and towers, and swimming pools.

[Ord. No. 21-36, 12-13-2021]

TOURIST OR TRAILER CAMP

An area where one (1) or more tents or auto trailers can be or are intended to be parked, designed or intended to be used as temporary living facilities of one (1) or more families, and intended primarily for automobile transients.

TOWNHOUSE

One (1) of a series of three (3) or more attached single-family dwellings, two (2) or three (3) stories in height, which are separated horizontally from one another by solid partition walls extending from basement to roof without openings, and which fronts on a public street or other approved place and has both a front and a rear yard.

TOWNHOUSE APARTMENT

One (1) of a series of three (3) or more attached dwellings, two (2) or three (3) stories in height, for single-family occupancy which are separated from one another by partition walls extending from basement to roof without openings, but which are not located or sited on individual subdivided lots.

TRAILER OR MOBILE HOME PARK

An area or plot of ground upon which four (4) or more trailers or mobile homes, occupied for dwelling or sleeping purposes, are located or intended to be located, regardless of whether or not a charge is made for such accommodation.

USE

The purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.

VESTIBULE or LOBBY

A passage, hall, or room between the outer door and the interior of a building.

YARD

An open space on the same lot with a building unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided in this Chapter. In measuring required yard widths and depths, the minimum horizontal distance between the lot line and the main building shall be used.

YARD, FRONT

A yard extending across the front of a lot and being the minimum horizontal distance between the front lot line and the main building or any projections thereof other than the projections of the usually uncovered steps, uncovered balconies, or uncovered porch. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.

YARD, REAR

A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the projections of uncovered steps, unenclosed balconies, or unenclosed porches. On all lots the rear yard shall be at the opposite end of the lot from the front yard.

YARD, SIDE

A yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between the side lot line and the side of the main buildings or any projections thereto.

	"A"	Agricultural District
	"R-1"	Single-Family Residential District
	"R-2"	Two-Family Residential District
	"R-3"	General Multi-Family Residential District
	"MH"	Mobile Home Park District
	"C-1"	Central Business District
	"C-2"	General Commercial District
	"C-3"	Planned Commercial District
	"C-4"	Office Institutional District
	"I-1"	Light Industrial District
	"I-2"	Heavy Industrial District
	"I-3"	Planned Industrial Park District