[R.O. 2013 § 405.010; R.O. 2005 § 23-71; Ord. No. 42.100; Ord. No. 93-29; Ord. No. 98-12; Ord. No. 11-15 § 1, 7-19-2011; Ord. No. 11-17 § 1, 9-6-2011; Ord. No. 11-21 § 1, 10-18-2011]
For the purposes of this Chapter,
certain terms 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 "premises"; the word "shall" is mandatory and
not directory; the words "used" or "occupied" include the words "intended,"
"designed" or "arranged to be used or occupied"; the word "lot" includes
the words "plot" or "parcel"; and the word "person" includes a firm,
association, organization, partnership, trust, company or corporation
as well as an individual. Any word not herein defined shall be defined
as in any recognized standard English dictionary.
A subordinate building, 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.
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.
Banners affixed on poles, wires or ropes and streamers, wind-operated
devices, flashing lights and other similar devices.
Agricultural activity, including forests and forest products,
harvest and management, dairy farming, livestock grazing and pasturage,
truck gardening, the raising of crops, fruit and nursery stock, fish
farms, animal kennels and fur-bearing animal farms, and the harvesting,
processing, packaging, packing, shipping and selling of products on
the premises, and incidental farm occupations and uses such as machinery,
farm equipment, and domestic repair and construction, excluding commercial
feed lots.
A public or private thoroughfare which affords only a secondary
means of access to abutting property.
See "dwelling unit."
Any land, building, structure, or premises used for the sale
at retail of motor vehicle fuels, oils, accessories, or for servicing
or lubricating motor vehicles or installing or repairing parts and
accessories, but not including the repairing of or replacing of motors,
bodies, or fenders of motor vehicles or painting motor vehicles, public
garages, and the open storage of rental vehicles or trailers.
A story having part but not more than one-half (1/2) of its
height below grade. A basement is counted as a story for the purposes
of height regulation if subdivided and used for dwelling purposes
other than by a janitor employed on the premises.
A dwelling unit where travelers, for compensation, are lodged
for sleeping purposes with a morning meal provided. A bed-and-breakfast
establishment shall be carried on entirely within a dwelling by a
member of the family residing in the dwelling, shall clearly be incidental
and secondary to the use of the dwelling unit for residential purposes,
shall conform to the following standards and provisions:
No other type of occupation or profession
shall be conducted within the building where the bed-and-breakfast
establishment is located.
One (1) sign shall be permitted which
shall be an unanimated, non-illuminated, flat or window sign having
a surface area not exceeding one hundred forty-four (144) square inches.
No meals, except for breakfast, may
be served. No cooking by guests shall be permitted.
Meals may be served only to overnight
guests.
Each guest room shall contain a functioning
smoke detector.
The owner must comply with all other
City zoning and safety ordinances as well as all County, State and
Federal laws, rules or regulations applying to the operation of the
lodging establishment.
Off-street parking will be required
for all guests. The bed-and-breakfast establishment shall provide
one (1) off-street parking space for each guest room.
All guest rooms used for guests shall
be part of the primary residential structure. No exterior alterations,
other than those necessary to ensure the safety of the guests, shall
be made to any building.
Each facility will be inspected and
approved by the City's Building Inspector prior to a business license
being issued to the owner.
Board of Aldermen. The word "board" used in Article X refers specifically to the Board of Adjustment established in that Article.
An owner-occupied building, other than a hotel or apartment
hotel, where for compensation by prearrangement for definite periods
lodging, meals or lodging and meals are provided for two (2) or more
persons.
Any structure having a roof supported by columns or walls
for the shelter or enclosure of persons or property.
The individual designated to administer the zoning ordinance
and who is responsible for the enforcement of the regulations imposed
by said ordinance.
The vertical distance from the grade to:
The highest point of a flat roof;
The deck line of a mansard roof;
or
The average height between eaves
and ridge for gable, hip and gambrel roof.
The width of the lot left to be built upon after the side
yards are provided.
That part of a building having more than one-half (1/2) of
its height below the average grade of the adjoining ground.
The City of Fayette, Missouri.
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.
Buildings and facilities owned or operated by a corporation,
association, person or persons for a social, educational or recreational
purpose, but not primarily for profit and not primarily to render
a service which is customarily carried on as a business.
An area of land devoted to raising and feeding of livestock
where the operation is not part of normal agricultural activity.
City Planning Commission of Fayette, Missouri.
A use allowed in a zoning district after a permit is granted by the Board of Adjustment according to provisions of Article X.
An open space more than one-half (1/2) surrounded by buildings.
A part of the City wherein regulations of this Chapter are
uniform.
Any building or portion thereof which is designed and used
exclusively for residential purposes.
A building designed for or occupied exclusively by three
(3) or more families.
A building designed for or occupied exclusively for one (1)
family.
A building designed for or occupied exclusively by two (2)
families.
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.
An individual living as a single
non-profit housekeeping unit in a dwelling unit;
Two (2) or more persons related by
blood, marriage, adoption or foster care relationship living together
as a single non-profit housekeeping unit in a dwelling unit;
A group of not more than four (4)
persons who need not be related by blood, marriage adoption, or foster
care relationship living together as a single non-profit housekeeping
unit in a dwelling unit; or
Two (2) unrelated individuals having
a child or children related by blood, adoption or foster care relationship
to both such individuals, plus the biological, adopted or foster children
of either such individual, living together as a single non-profit
housekeeping unit in a dwelling unit.
See "agricultural activity."
A structure for enclosure or screening.
The square feet of floor space within the outside line of
walls and includes the total of all space on all floors of a building.
It does not include porches, garages, or space in a basement or cellar
when said basement or cellar space is used for storage or incidental
uses.
All the property on one (1) side of a street or highway between
two (2) intersecting streets (crossing or terminating) or for a distance
of four hundred (400) feet on either side of a proposed building or
structure 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, but not including
property more than four hundred (400) feet distant on either side
of a proposed building or structure.
A detached accessory or portion of a main building housing
the automobiles of the occupants of the premises, but not commercial
vehicles.
A building or portion thereof other than a private or storage
garage designed or used for equipping, servicing, repairing, hiring,
selling, storing or parking motor-driven vehicles. The term "repairing"
shall not include an automotive body repair shop nor the rebuilding,
dismantling or storage of wrecked or junked vehicles.
Any building or premises used for housing only motor-driven
vehicles other than trucks and commercial vehicles.
The average level of the finished surface of the ground adjacent
to the exterior walls of the building.
Any occupation or profession carried on by a member of the immediate family, residing on the premises, in connection with which there is only a sign which complies with Section 405.340(A)(5); there is no commodity sold upon the premises except that prepared on the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except such as is customary for purely domestic household purposes.
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 boardinghouse or lodging house.
A non-profit establishment for public use.
An establishment where small animals are boarded for compensation
or where dogs are bred or raised on a commercial scale.
An area that is permanently devoted and maintained to the
growing of shrubbery, grass and other plant material.
A space within the main building or on the same lot for the
standing, loading or unloading of trucks, having a minimum area of
five hundred forty (540) square feet, a minimum width of twelve (12)
feet, a minimum depth of thirty-five (35) feet, and a vertical clearance
of at least fourteen and one-half (14 1/2) feet.
Same as "boardinghouse."
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 road or
street.
The mean horizontal distance between the front and rear lot
lines.
A lot or parcel of land the plat or deed of which has been
recorded prior to the adoption of this Chapter.
The width of a lot at the front yard line.
A lot abutting upon two (2) or more streets at their intersections.
A lot having a frontage on two (2) non-intersecting roads,
as distinguished from a corner lot.
A lot other than a corner lot.
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.
The lawful use of land or a building or a portion thereof
which use does not conform with the use regulations of the district
in which it is located.
A home for the aged or infirm in which three (3) or more
persons not of the immediately 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 and treatment of the sick or injured.
That part of a lot on which no part of a building or structure
extends above the following elevations:
Two (2) feet above the highest curb
elevation of the street or streets that bound the lot;
One (1) foot above the adjacent curb
elevation for each one and one-fourth (1 1/4) foot the building or
structure is set back from the street lot line, except that no portion
of the structure shall exceed twelve (12) feet above the adjacent
curb elevation. This provision shall not apply to walls or structures
that do not extend more than four (4) feet above the adjacent curb
elevation.
A surfaced area, enclosed or unenclosed, sufficient in size
to store one (1) automobile not less than nine (9) feet wide and twenty
(20) feet long, together with a driveway connecting the parking space
with a street, road or alley and permitting ingress and egress of
that automobile without the necessity of moving any other automobile.
Pawn shops are in the business of lending money on the security
of pledged goods left in pawn, or in the business of purchasing tangible
personal property to be left in pawn on the condition that it may
be redeemed or repurchased by the seller for a fixed price within
a fixed period of time. A "pawn transaction" does not include the
pledge to, or personal property from a customer followed by the sale
or the leasing of that property back to the customer in the same or
related transaction.
A lot together with all buildings and structures thereon.
A site where recyclable waste is collected and often stored
for processing. It may or may not be open to the public for personal
deposit of recyclable materials. These facilities usually handle such
materials as metals, plastics, paper, cardboard, wood, glass and textiles.
[Ord. No. 16-04, 4-5-2016]
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.
GROUND SIGNAny sign erected, constructed or maintained for the purpose of displaying outdoor advertising by means of posters, pictures, pictorial and reading matter when such sign is supported by two (2) or more uprights, posts, or braces placed upon or affixed in the ground and not attached to any part of a building.
ROOF SIGNAny sign erected, constructed, or maintained upon the roof of any building.
WALL SIGNAny painted sign or poster on any surface or place that may be affixed to the front, side or rear wall of any building.
POST SIGNAny letter, word, model sign, device or representation used in the nature of an advertisement or announcement not attached to a building and which is supported by a single stationary pole or post.
MARQUEE SIGNAny sign affixed to a marquee over the entrance to a building and supported from the building.
The total area of the space to be used for advertising purposes,
including the spaces between open-type letters and figures, including
the background structure or other decoration or addition which is
an integral part of the sign. Sign supports shall be excluded in determining
the area of a sign. A double-faced sign shall have twice the total
area of a single-faced sign.
Any bush or small evergreen tree occupying a space of at
least eighteen (18) cubic feet.
A tree with a minimum caliper of one and one-half (1 1/2)
inches, ten (10) to twelve (12) feet high, of a deciduous hardwood
variety normally capable of attaining a twenty-five (25) foot diameter
when the tree is twenty (20) years old.
A public way which affords the principal means of access
to abutting property.
A line halfway between the street lines.
A dividing line between a lot and a contiguous street.
Any change, except those required by law or ordinance, which
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.
Anything constructed or erected with a fixed location on
the ground, or attached to something having a fixed location on the
ground. Among other things, structures include buildings, walls, fences
and signs.
A building that has single-family dwelling units erected
in a row as a single building on adjoining lots, each being separated
from the adjoining unit or units by a masonry party wall or walls
extending from the basement floor to the roof along the dividing lot
line, and each such building being separated from any other building
by space on all sides.
A vehicle equipped for use as a dwelling and designed to
be hauled along a highway.
[R.O. 2013 § 405.020; R.O. 2005 §
23-72; Ord. No. 42.010]
A.
Title. These regulations may be referred
to as the "zoning ordinance."
B.
Intent And Purposes.
1.
These regulations have been based
upon the Comprehensive Plan for the City of Fayette which was adopted
by the Planning Commission of Fayette on August 1, 1969, said Comprehensive
Plan included estimates of population growth, land use surveys, a
land use plan, plans for major thoroughfares, other transportation
facilities, community facilities, public services and utilities, and
a public works program.
2.
Need for public services and facilities
in both size and location depends upon the character and intensity
of land use. Regulation of the use of land is thus fundamental to
the coordinated optimum physical development of the community. The
land use regulations are intended to be the foundation of the entire
process of improvement of the physical environment.
3.
The regulations are intended to preserve
and protect existing property uses and values against adverse or unharmonious
adjacent uses.
4.
The land use regulations divide the
area into a number of zoning districts.
a.
Because of poor drainage, steep slopes
and other natural conditions, some land areas should be kept in their
natural state. These would be placed in a conservation district.
b.
The Comprehensive Plan included estimates
of the land area requirements for the various land uses such as commerce,
residences, industry, transportation, and public uses. These urban
uses should be directed into that land area where they may be most
efficiently served by public services and facilities as sewers, water,
schools, parks and the like. Remaining lands should be reserved for
rural uses. Consequently, the regulations include a rural district
for non-urban land uses.
c.
In the past, residential neighborhoods
have deteriorated because they were invaded by small isolated commercial
uses and by more intensive residential uses such as duplexes or apartment
building. The great majority of our population desire to, and do live
in single-family homes which they own and which are located on fairly
large lots. The regulations establish residential districts particularly
designed to provide maximum protection for single-family homes.
d.
Other residential districts are established
for two-family homes and for apartments. Density, yard and parking
regulations would ensure good living conditions in these areas.
e.
Commercial districts recognize the
different types of commercial areas that will be needed by the future
growth of the community. There is a zoning district for the use of
neighborhood commercial area, i.e., the grocery store-drug store complex
serving the adjacent residential neighborhoods. There is a central
commercial district for the downtown area.
f.
For industry there is a "light" industrial
district for non-obnoxious manufacturing.
g.
A special district has been established
for the college.
h.
The regulations emphasize character
as well as location and density of the land uses. Special inducements
are offered for good design of apartment areas. Landscape planting
is required in all front yards and for automobile filling stations,
parking lots and garages. Advertising is carefully controlled.
i.
The regulations are reasonable in
relation to existing conditions. Yard dimensions are adjusted to peculiarities
of existing lots. Lots that are now too small may be used. Non-conforming
uses are permitted to continue for adequate time periods.
j.
All uses are required to provide
their own off-street parking (with a few exceptions). Over a period
of years enforcement of this requirement will enable streets to be
used primarily for traffic movement.
k.
Each of the regulations has been
designed to work harmoniously with the others with the totality providing
that minimum degree of land use control essential to the realization
of the optimum urban environment.
