[R.O. 2012 §405.010; CC 1987 §42.010]
This Chapter shall be known and may be cited as the "Zoning
Ordinance".
[R.O. 2012 §405.020; CC 1987 §42.020]
In order to promote the health, safety, morals and general welfare
of the community and in order to lessen congestion in the streets;
to secure safety from fire, panic and other dangers; to promote health
and general welfare; 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, all of the land
in the Village shall be zoned and divided as provided in this Chapter.
[R.O. 2012 §405.030; CC 1987 §42.030]
For the purpose of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section.
Words used in the present tense include the future; words used in
the singular number include the plural, and words used in the plural
include the singular; the word "building" includes
the word "structure" and the word "shall" is mandatory, and not directory.
Any structure, including any tower, antennae, roof supported
by walls or columns, or other construction of any sort or nature.
The vertical distance from the grade to the highest point
of the structure.
Includes the commercial uses and districts as herein defined.
One (1) or more sections of the Village for which the regulations
governing height, area and use of buildings and premises are the same.
Any building, or portion thereof, used exclusively for human
habitation, except hotels, motels, or house trailers.
A detached building designed for or occupied exclusively
by one (1) family.
An individual or two (2) or more persons related by blood
or marriage or a group of not more than three (3) persons who need
not be related by blood or marriage living together and subsisting
in common as a single non-profit housekeeping unit utilizing only
one (1) kitchen.
An accessory building or portion of the main building or
portion designed or used for the storage of not more than two (2)
motor-driven vehicles owned and used by the occupants of the building
to which it is accessory.
The average level of the finished surface of the ground adjacent
to a 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.
Land occupied or to be occupied by a building and its accessory
buildings, together with such open spaces as are required by this
Section.
Any building or land lawfully occupied by a use at the time
of the passage of this Chapter or amendments thereto which does not
conform after such passage or amendment with the use regulations of
the district in which it is situated.
Any place, lot, parcel or yard used in whole or in part for
storing or parking two (2) or more vehicles, where such usage is not
incident to or in conjunction with a single-family dwelling and located
on the same lot with a single-family dwelling.
That portion of a building included between the surface of
any floor and the ceiling next above it.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders, or any substantial change
in the roof or exterior walls.
Anything constructed or erected, the use of which requires
more or less permanent location on the ground or attached to something
having a more or less permanent location on the ground.
An open space on the same lot with a building unoccupied
and unobstructed from the ground upward.
[R.O. 2012 §405.040; CC 1987 §42.040]
In interpreting and applying the provisions of this Chapter,
they shall be held to be the minimum requirements for the promotion
of public safety, health, convenience, comfort, morals, prosperity
and general welfare. It is not intended by this Chapter to interfere
with or abrogate or annul any ordinance, rules, regulations or permits
previously adopted or issued and not in conflict with any of the provisions
of this Chapter; nor is it intended by this Chapter to interfere with
or abrogate or annul any easements, covenants or other agreements
between parties or running with land, except that if this Chapter
imposes a greater restriction, this Chapter shall control.
[R.O. 2012 §405.050; CC 1987 §42.050]
A.
Except
as specifically provided:
1.
No land shall be used except for a purpose permitted in the district
in which it is located.
2.
No building shall be erected, converted, enlarged, reconstructed,
moved or structurally altered, nor shall any building be used, except
for a use permitted in the district in which such building is located.
3.
No building shall be erected, converted, enlarged, reconstructed
or structurally altered to exceed the height limit herein established
for the district in which such building is located.
4.
No building shall be erected, converted, enlarged, reconstructed
or structurally altered except in conformity with the area regulations
of the district in which such building is located.
5.
The minimum yards and open spaces, including lot area, required by
this Chapter, for each and every building existing at the time of
passage of this Chapter or for any building hereafter erected, shall
not be encroached upon or considered as a part of the yard or parking
space or open space required for any other building, nor shall any
lot area be reduced below the requirements of this Chapter for the
district in which such lot is located.
6.
Every building hereafter erected or structurally altered shall be
located on a lot herein defined and in no case shall there be more
than one (1) main building on one (1) lot except as may be specifically
provided.
A.
In
case any building or structure is erected, constructed, reconstructed,
altered, converted, or maintained, or any building, structure, or
land is used in violation of Sections 89.010 to 89.140, RSMo., or
of any ordinance or other regulation made under authority conferred
hereby, the proper local authorities of the Village, in addition to
other remedies, may institute any appropriate action or proceedings
to prevent such unlawful erection, construction, reconstruction, alteration,
conversion, maintenance, or use, to restrain, correct, or abate such
violation, to prevent the occupancy of such building, structure, or
land, or to prevent any illegal act, conduct, business, or use in
or about such premises. Such regulations shall be enforced by an officer
empowered to cause any building, structure, place, or premises to
be inspected and examined and to order in writing the remedying of
any condition found to exist therein or thereat in violation of any
provision of the regulations made under authority of Sections 89.010
to 89.140, RSMo.
B.
The
owner or general agent of a building or premises where a violation
of any provision of said regulations has been committed or shall exist,
or the lessee or tenant of an entire building or entire premises where
such violation has been committed or shall exist, or the owner, general
agent, lessee, or tenant of any part of the building or premises in
which such violation has been committed or shall exist, or the general
agent, architect, builder, contractor, or any other person who commits,
takes part or assists in any such violation, or who maintains any
building or premises in which any such violation shall exist shall
be guilty of an ordinance violation punishable by a fine of not less
than ten dollars ($10.00) and not more than two hundred fifty dollars
($250.00) for each and every day that such violation continues, or
by imprisonment for ten (10) days for each and every day such violation
shall continue, or by both such fine and imprisonment in the discretion
of the court. Notwithstanding the provisions of Section 82.300, RSMo.,
for the second (2nd) and subsequent offenses involving the same violation
at the same building or premises, the punishment shall be a fine of
not less than one hundred dollars ($100.00) or more than five hundred
dollars ($500.00) for each and every day that such violation shall
continue, or by imprisonment for ten (10) days for each and every
day such violation shall continue, or by both such fine and imprisonment
in the discretion of the court.
C.
Any
such person who, having been served with an order to remove any such
violation, shall fail to comply with such order within ten (10) days
after such service or shall continue to violate any provision of the
regulations made under authority of Sections 89.010 to 89.140, RSMo.,
in the respect named in such order shall also be subject to a civil
penalty of two hundred fifty dollars ($250.00).
