[CC 1983 App. B. Art. I; Ord. No. 379.5, 5-18-1970]
This Chapter shall be known and may be cited and referred to
as the "Zoning Code" of the City of Caruthersville, Missouri.
[CC 1983 App. B. Art. I — II; Ord.
No. 379.5, 5-18-1970; Ord. No. 583 §2, 7-16-1979; Ord. No. 778 §3, 12-5-1994 ; Ord. No. 807 §1, 5-5-1997; Ord.
No. 857 §2, 4-17-2000; Ord. No. 2004-3 §1, 2-2-2004]
For the purposes of this Chapter, certain terms and words are
hereby defined. Words used in the present tense shall include the
future; the singular number shall include the plural and the plural
the singular; the word "building" shall include the
word "structure" and the word "shall" is mandatory and not directory.
A subordinate building 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.
A subordinate use 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.
A way which affords only a secondary means of access to property
abutting thereon.
A room or suite of rooms intended, designed, or used as a
residence by a single family.
A story having part but not more than one-half (½)
of its height below grade.
A sign, which directs attention to a business, commodity,
service, or entertainment conducted, sold, or offered elsewhere than
upon the same lot.
Same as "Lodging House".
The width of the lot left to be built upon after the required
side yards are provided.
Any structure having a roof supported by columns or walls
built for the support, shelter, 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.
The vertical distance from the grade to the highest point
of the coping of a flat roof, or the deck line of a mansard roof,
or to the mean height level between eaves and ridges for gable, hip,
and gambrel roof.
That portion of a building below the first (1st) story and
having more than one-half (½) of its height below grade.
An establishment where patients are not lodged overnight,
but are admitted for examination and treatment by a group of physicians
or dentists practicing medicine together.
A building or portion thereof or premises owned and 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.
Any building or portion thereof which is designed and used
exclusively for residential purposes.
A building designed for or occupied exclusively by one (1)
family and shall include any private residence licensed by the division
of family services or department of mental health to provide foster
care to one or more but less than seven children who are unrelated
to either foster parent by blood, marriage or adoption.
A building designed for or occupied exclusively by two (2)
families living independently of each other.
A building designed for or occupied exclusively by more than
two (2) families living independently of each other.
One (1) or more rooms in a dwelling occupied or intended
to be occupied as separate living quarters by a single family as defined
herein.
One (1) or more persons related by blood, marriage, or adoption,
occupying a dwelling unit as an individual housekeeping organization.
A family may include not more than two (2) persons not related by
blood, marriage, or adoption.
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 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, and provided further, that farming
does not include the feeding of collected garbage or offal to swine
or other animals.
Any building or premises used for the sale, at retail, of
motor vehicle fuels, oils, 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 commercial
garages.
The total number of square feet of floor space within the
exterior walls of a building, not including space in cellars or basements;
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.
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 of
the property abutting on one (1) side between an intersecting street
and the dead-end of the street.
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 the rebuilding, dismantling, or storage of wrecked
or junked vehicles.
A detached accessory building, or portion of the main building,
housing the automobiles of the occupants of the premises.
The average level of the finished surface of the ground adjacent
to the exterior walls of the building.
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.
A business, occupation or profession carried on within a
residential dwelling by the resident thereof, and which shall have
the following characteristics, to-wit:
There shall be no external or externally visible evidence of
the occupation, business or profession whatsoever.
There shall be no ignition of smoke, dust, odor, fumes, glare,
noise, vibration, electrical or electronic disturbance detectable
at the property lot line.
The activity shall employ only members of the immediate family
of the resident of the dwelling.
There shall not be a stock of goods on the premises in excess
of twenty (20) cubic feet in volume, none of which shall be of a flammable
nature.
There shall be no machinery other than that normally found in
a residential dwelling.
The home occupation shall not involve continual visits by the
general public, except that music lessons may be given to one (1)
pupil at a time; dance and art lessons may be given to four (4) pupils
at a time; a dressmaker may have two (2) customers at a time.
Said occupation may include the caring for not more than eight
(8) children at one (1) time for hire.
There shall be no signs, radios, televisions, newspaper, handbill
or similar types of advertising, linking the address of the premises
with the home occupation.
Room or board for hire, but not for more than two (2) persons.
A professional person may have one (1) client or patient at
a time.
A barber shop and/or beauty shop shall not be considered a home
occupation.
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The above listed characteristics of a 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. Any business, occupation or profession,
the operation of which does not meet with the aforesaid characteristics
of a home occupation shall not be interpreted to be a home occupation
despite the fact that it may attempt to operate in a residential building.
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A building in which lodging is provided and offered to the
public for compensation, and which is open to transient guests, in
contradistinction to a boarding house or lodging house as herein defined.
A building occupied by a nonprofit corporation or a nonprofit
establishment for public use.
An establishment where dogs or other pets are boarded for
compensation or bred or raised on a commercial scale.
A business that provides home-type washing, drying or ironing
machines for hire to be used by customers on the premises.
A space within the main building or on the same lot providing
for the standing, loading, or unloading of trucks, having a minimum
width of twelve (12) feet, a minimum depth of forty-five (45) feet,
and a vertical clearance of at least fourteen and one-half (14.5)
feet, and connected with a street or road serving the premises.
A building or place where lodging and boarding is provided
(or which is equipped regularly to provide lodging and boarding by
prearrangement for definite periods), for compensation, for three
(3) or more, but not exceeding twelve (12) individuals. Such lodging
house or boarding house shall not be open to transient guests, in
contradistinction to a "hotel" as is herein defined.
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, open spaces and parking spaces required
by this Chapter, and having its principal frontage upon a street.
A lot abutting upon two (2) or more streets at their intersection.
The mean horizontal distance between the front and rear lot
lines.
A lot having frontage on two (2) streets which do not intersect
at the lot.
A lot or parcel of land, the plat or deed of which has been
recorded in the office of the County Recorder of Pemiscot County,
Missouri, prior to the adoption of this Chapter.
A factory-built transportable structure that is manufactured
or constructed under the authority of, and in compliance with, the
Federal Manufactured Housing Construction and Safety Act of 1974,
as amended, 42 U.S.C. §5401 et seq., and is to be used as a place
for human habitation.
A parcel of land wherein two (2) or more manufactured homes
as herein defined are located, whether with or without compensation.
A structure totally enclosed by exterior walls and secure
doors with individual storage units offered for rental or lease.
A transportable, factory-built home, designed to be used
as a year-round residential dwelling and built prior to enactment
of the Federal Manufactured Housing Construction and Safety Standards
Act of 1974, which became effective June 15, 1976.
Any structure designed for flexible use and primarily preassembled
in a location other than its intended location within the City and
transported to its intended location by a flat bed trailer or other
means, provided however, a modular building must not have ever had
a special frame under it for transporting it from one (1) location
to another, a tongue to pull it with, or wheels attached to it. Modular
buildings must be certified by the Missouri Public Service Commission
and carry a seal issued by such Commission. Modular buildings shall
not include Manufactured Homes as defined herein.
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 automobile transients.
Any building or land lawfully occupied by a use at the time
of passage of this Chapter (May 18, 1970) or amendment thereto which
does not conform after the passage of this Chapter (May 18, 1970)
or amendment thereto with the use regulation of the district in which
it is situated.
An area, enclosed or unenclosed, having an area of not less
than one hundred eighty (180) square feet exclusive of driveways,
suitable, and permanently reserved for the temporary storage of one
(1) automobile, and connected with a street or alley by a surfaced
driveway which affords ingress and egress for automobiles.
An area, improved with concrete, brick, or other hard surface,
adjacent to a dwelling and used by occupants of the dwelling for leisure
time activities, but not used for vehicle parking or storage.
A vehicular, portable structure built on a chassis or designed
to be carried by any type of vehicle (whether located on or off such
vehicle) actually used as a temporary dwelling for travel, recreation
or vacation purposes.
An area designed to provide spaces where one (1) or more
recreational vehicles can be temporarily parked for travel, recreation
or vacation purposes.
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, persons, institution, or business. A non-flashing sign is
one which has no moving parts and, if lighted, the light is maintained
constant in color and intensity at all times when in use.
That portion of a building, other than a cellar, included
between the surface of any floor and the surface of the floor next
above it or, if there be no floor above it, then the space between
the floor and the ceiling next above it.
A space under a sloping roof which has the line 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.
A public way which affords the principal means of access
to abutting property.
Anything constructed or erected, the use of which requires
permanent location on the ground or attached to something having a
permanent location on the ground and including, but not limiting the
generality of the foregoing, advertising signs, billboards, backstops
for tennis courts, and pergolas.
Any change except those required by law or ordinance, that
would prolong the life of the supporting members of a building or
structure, such as bearing walls, columns, beams or girders, not including
openings in bearing walls as permitted by other ordinances.
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.
A yard across the full width of the lot extending from the
front line of the main building to the front line of the lot.
A yard extending the full width of the lot from the rear
line of a main building to the rear lot line.
A yard between the main building and the side line of the
lot, and extending from the front yard line to the rear yard line.
[CC 1983 App. B. Art. XIX; Ord. No. 379.5, 5-18-1970]
In interpreting and applying the provisions of this Chapter,
they shall be held to be the minimum requirements for the promotion
of the public safety, health, convenience, comfort, prosperity, or
general welfare. It is not intended by this Chapter to interfere with
or abrogate or annul any easements, covenants, or other agreements
between parties; provided however, that where this Chapter imposes
a greater restriction upon the use of buildings or premises or upon
height of buildings or requires larger open spaces than are imposed
or required by other ordinances, rules, regulations, or by easements,
covenants, or agreements, the provisions of this Chapter shall govern.
