Definitions. For the purpose of this Zoning Code,
certain terms or words used herein shall be interpreted or defined
as follows, unless the context clearly indicates otherwise:
ACCESSORY USE OR BUILDING
A subordinate building or use which customarily is incidental
to that of the main building or use of the premises. Customary accessory
uses include, but are not limited to, tennis courts, swimming pools,
garages, air conditioners, garden houses, children's play houses,
barbecue ovens and fireplaces.
ALLEY
A dedicated public right-of-way, other than a street, which
provides only a secondary means of access to abutting property, the
right-of-way of which is twenty (20) feet or less in width.
ALTERATION
As applied to a building or structure, is a change or rearrangement
of the structural parts of an existing building or structure. Enlargement,
whether by extending a side, increasing the height, or the moving
from one location or position to another, shall be considered an alteration.
ANIMAL HOSPITAL OR CLINIC
An establishment where animals are admitted principally for
examination, treatment, board or care by a doctor of veterinary medicine.
(This does not include open kennels or runs.)
BASEMENT
That portion of a building having more than one-half (1/2)
of its height below grade.
BED-AND-BREAKFAST
A family home, occupied as a permanent residence by the proprietor,
in which lodging and meals are provided for time-limited durations
to not more than four (4) groups of patrons in a twenty-four-hour
period.
BOARD OF ADJUSTMENT
That Board which has been created by the Board of Aldermen
having jurisdiction and which has the statutory authority to hear
and determine appeals and variances to the Zoning Regulations.
BOARDING OR LODGING HOUSE
A building other than a hotel where, for compensation and
by prearrangement for definite periods, meals, or lodging and meals,
are provided for three (3) or more persons, but not exceeding twenty
(20) persons. Individual cooking facilities are not provided.
BUILDING
Any structure designed or intended for the enclosure, shelter
or protection of persons, animals or property.
BUILDING HEIGHT
The vertical dimension measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of ceiling of the top story in the case of a flat roof; of the
deck line of a mansard roof; and to the average height between the
plate and ridge of a gable, hip or gambrel roof.
CLINIC
See "medical, dental or health clinic."
COMMON OPEN SPACE
An area of land or water or combination thereof planned for
passive or active recreation, but does not include areas utilized
for streets, alleys, driveways or private roads, off-street parking
or loading areas. However, the area of recreational activities, such
as swimming pools, tennis courts, shuffleboard courts, etc., may be
included as common open space.
DAY CARE
Care of a child away from his/her own home for any part of
the twenty-four-hour day, for compensation or otherwise. Day care
may be given in a day-care home or a day-care center.
DAY CARE CENTER
A facility other than the provider's permanent residence,
or separate from the provider's living quarters, where care is provided
for children for any part of the twenty-four-hour day, as defined
in regulations issued by the State of Missouri.
DAY-CARE HOME
A family home, occupied as a permanent residence by the day-care
provider, in which care is given to no more than ten (10) children,
not related to the day-care provider, for any part of the twenty-four-hour
day, as defined in regulations issued by the State of Missouri.
DISTRICT
A section or sections of the zoning area for which this Chapter
governing the use of land, the height of buildings, the size of yards,
and the intensity of use are uniform.
DOG
Any canine species over six (6) months of age.
DWELLING
Any building or portion thereof, except mobile homes for
purposes of use regulations, which is designed and used exclusively
for residential purposes.
DWELLING, MULTIPLE
A building having accommodations for and occupied by more
than two (2) families, independently.
DWELLING, TWO-FAMILY
A building having accommodations for and occupied by two
(2) families, independently.
EXISTING USE
A use in existence at the time of the adoption of this Chapter.
FAMILY
One (1) or more persons related by blood, marriage or adoption,
living together as a single housekeeping unit; or a group of not more
than four (4) unrelated persons living together as a single housekeeping
unit; plus in either case, usual domestic servants. A family shall
under no circumstances be construed as a boarding house, fraternity,
or sorority house, club, lodging house, hotel or motel.
FLOOR AREA
a.
For Computing Off-Street Parking Requirements. The gross floor area of the building measured from the exterior
faces of the exterior walls or from the center line of walls separating
two (2) buildings and shall include the following area:
(2)
The area of each floor of the structure; and
(3)
Attic space having head room of seven (7) feet to ten (10) feet
or more.
b.
Floor Area For Determining Floor Area Ratio. As used herein, shall be computed as the sum of the following areas:
(1)
The gross horizontal areas of the several buildings measured
from the exterior faces of exterior walls or from the center line
of a wall separating two (2) buildings, which shall include floor
area utilized for stairwells or elevator shafts and floor space used
for mechanical equipment (except equipment open or enclosed, located
on the roof);
(3)
Attic space having head room of seven (7) feet to ten (10) feet
or more;
(4)
Interior balconies and mezzanines;
(6)
Floor area devoted to accessory uses; and
FLOOR AREA RATIO
The maximum percentage of allowable floor area of a building
or complex (including both principal and accessory buildings) computed
by dividing the floor area of said complex or buildings by the area
of the building site.
FRONTAGE
The length of the property abutting on one (1) side of a
street measured along the dividing line between the property and the
street.
GARAGE, PRIVATE
An accessory building designed or used for the storage of
not more than four (4) motor-driven vehicles owned and used by the
occupants of the building to which it is accessory.
GARAGE, PUBLIC
A building or portion thereof, other than a private garage,
designed or used for equipping, repairing, hiring, servicing, selling,
or storing motor-driven vehicles.
GROUP-CARE HOME
A residence or building in which eight (8) or fewer unrelated
mentally or physically handicapped persons reside, and may include
two (2) additional persons as house parents or guardians. Provided,
however, that any home meeting this definition (group-care home),
shall generally conform to the appearance within the neighborhood
constructed and, in order to maintain reasonable densities, no group-care
home shall be permitted within eight hundred (800) feet of another
group-care home.
GRADE
a.
For buildings having walls facing one (1) street only, the elevation
of the sidewalk at the center of the wall facing the street shall
be the grade.
b.
For buildings having walls facing more than one (1) street,
the grade shall be the average of the grades [as defined in Subsection
(1) above] of all walls facing each street.
c.
For buildings having no wall facing a street, the average level
of the finished surface of the ground adjacent to the exterior walls
of the building shall be the grade.
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Any wall approximately parallel to and not more than five (5)
feet from a street line is considered as facing the street.
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HOTEL
A building or portion thereof, or a group of buildings, used
as a transient abiding place, which may or may not serve meals, and
whether such establishments are designated as a hotel, inn, automobile
court, motel, motor inn, motor lodge, motor court, tourist cabin,
tourist court, or other similar designation.
INSTITUTION
A building occupied by a non-profit corporation or a non-profit
establishment for public use.
KENNEL, BOARDING
Any place, area, building, or structure where dogs [including
those under one (1) year in age] are boarded, housed, cared for, fed,
or trained by other than the owner.
KENNEL, BREEDING
Any place, area, building, or structure where more than three
(3) dogs are kept for purposes of breeding, raising, or as pets.
LOT
A parcel of land occupied or intended for occupancy by one
(1) main building or a complex of buildings, together with the accessory
structures and including the open spaces and parking required by this
regulation, which may include more than one (1) lot of record or metes-and-bounds-described
tract having its principal frontage upon a public street or officially
approved place.
LOT, CORNER
A lot abutting upon two (2) or more streets at their intersection.
LOT, DEPTH OF
The mean 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, FRONT
The front of a lot shall be that narrowest dimension abutting
a street right-of-way. On corner lots which have two (2) equal sides
which abut on a street right-of-way, either side may be considered
the front of the lot.
LOT, REAR
The rear of a lot shall be that side opposite the front of
the lot.
LOT OF RECORD
A lot which is a part of a subdivision, the plat of which
has been recorded in the office of the Recorder of Deeds or a lot
described by metes and bounds, the description of which has been recorded
in the office of the Recorder of Deeds prior to December 9, 1991.
MANUFACTURED HOME
A structure, transportable in one (1) or more sections, which
in the traveling mode is eight (8) body feet or more in width or forty
(40) body feet or more in length or, when erected on site, is three
hundred twenty (320) or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or without
a permanent foundation when connected to the required utilities, and
includes the plumbing, heating, air-conditioning and electrical systems
contained therein. Manufactured homes are additionally identified
as those structures fabricated on or after June 15, 1976, bearing
a seal certifying that it is built in compliance with the National
Manufactured Housing Construction and Safety Standards Act of 1974,
which became effective for all mobile home construction on June 15,
1976.
MANUFACTURED HOME PARK
Any area, piece, parcel, tract, or plot of ground equipped as required for support of mobile homes and offered for use by the owner or representative for mobile home park purposes and/or ground upon which three (3) or more mobile homes are parked, whether for compensation or not, including all accessory uses thereof. The term "mobile home park" does not include sales lots of which unoccupied mobile homes are parked for the purpose of inspection and sale. See Article
V, Supplementary Regulations.
MEDICAL, DENTAL, OR HEALTH CLINIC
Any building designed for use by one (1) or more persons
lawfully engaged in the diagnosis, care and treatment of physical
or mental diseases or ailments of human beings, including, but not
limited to, doctors of medicine, dentists, chiropractors, osteopaths,
optometrists, podiatrists, and in which no patients are lodged overnight,
but which may include an apothecary.
MOBILE HOME
A transportable structure larger than three hundred twenty
(320) square feet in floor area, designed to be used as a year-round
residential dwelling, and built prior to the enactment of the Federal
Mobile Home Construction and Safety Act of 1974, which became effective
for all mobile home construction on June 15, 1976.
MOBILE HOME, DOUBLE-WIDE
A mobile home that consists of two (2) or more sections that
are transported separately and assembled at the site into one (1)
structure of a width of not less than twenty (20) feet.
MOBILE HOME, SINGLE-WIDE
A mobile home that consists of one (1) section which the
main body, exclusive of expansions or extensions, is not more than
sixteen (16) feet in width.
MODULAR HOME
A manufactured residential structure built to a nationally
recognized and accepted construction standard published by the Building
Officials Conference of America (BOCA) or the International Conference
of Building Officials (ICBO) and the unit is inspected and certified
at the factory that it meets said standard.
NON-CONFORMING STRUCTURE
A structure which does not comply with the lot size requirements
or bulk regulations applicable to new structures in the zoning district
in which it is located.
NON-CONFORMING USE
An existing use of a structure or land which does not conform
with the regulations of the district in which it is situated as established
by this regulation or any amendments hereto.
NURSING HOME or CONVALESCENT HOME
An institution or agency licensed by the State for the reception,
board, care, or treatment of three (3) or more unrelated individuals,
but not including facilities for the care and treatment of mental
illness, alcoholism, or narcotics addiction.
PARKING SPACE
An area surfaced for all-weather use including gravel, sand,
or comparable material for the purpose of storing one (1) parked automobile.
For the purpose of this regulation, one (1) parking space shall have
a minimum width of nine (9) feet and a minimum length of twenty (20)
feet. In computing off-street parking, additional space shall be required
for access drives for each parking space.
PERMANENT FOUNDATION
A foundation which supports a building, which must include
concrete footings which extend below the frost level, and consists
of poured concrete or concrete masonry units to the level of the sill
plate. The foundation wall must be completely enclosed, except for
vents and access areas, which must have closures.
PLACE
An open, unoccupied space, other than a publicly dedicated
street or alley, permanently reserved as the principal means of access
to abutting property.
PROFESSIONAL OFFICE
Any building or part thereof used by one (1) or more persons
engaged in the practice of law, accounting, architecture, engineering,
or other occupation customarily considered as a profession.
PUBLIC UTILITY
Any business which furnishes the general public:
f.
Any other business so affecting the public interest as to be
subject to the supervision or regulation by an agency of the State.
RECREATIONAL VEHICLE
A vehicular-type unit built on or for use on a chassis and
designed primarily as living quarters for recreational, camping, vacation
or travel use and which has its own motive power or is mounted or
drawn by another vehicle, and which has a body width not exceeding
eight (8) feet and a body length not exceeding forty (40) feet.
RESTAURANT
A public eating establishment at which the primary function
is the preparation and serving of food.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied by a
street crosswalk, road, electric transmission line, oil or gas pipeline,
water main, sanitary or storm sewer, or for another special use.
SALVAGE YARD
An area of land with or without buildings, used for collection
or storage, outside a completely enclosed building, of used or discarded
materials such as wastepaper, rags or scrap material; or used building
materials, house furnishings, machinery, motor vehicles or parts thereof
with or without the dismantling, processing, salvage, sale or other
use or disposition of the same. A deposit or the storage on a plot
of two (2) or more wrecked or broken-down motor vehicles or parts
of two (2) or more such motor vehicles for one (1) week in a residential
district, or for three (3) weeks or more in any other district, shall
be deemed a salvage yard.
SANITARY LANDFILL
A lot or parcel of land used primarily for the disposal and
burial of garbage, sewage, trash, refuse, junk, discarded machinery
or motor vehicles or parts thereof, or other waste.
SERVICE STATION
A service station shall consist of a building or group of
buildings and surfaced area where automotive vehicles may be refueled
and serviced; self-service pumps without buildings shall also be included.
Such services shall include tire recapping, body repairs, or major
overhaul.
SIGHT TRIANGLE
An area at a street intersection in which nothing shall be
erected, placed, planted, or allowed to grow in such a manner as to
materially impede vision between a height of two (2) feet and eight
(8) feet above the grades at the back of the curb of the intersecting
streets, within the triangular area formed by the right-of-way lines
and a line connecting them at points ten (10) feet from their point
of intersection or at equivalent points on private streets, except
that the site triangle shall be increased to twenty-five (25) feet
for certain uses, when deemed necessary for traffic safety by the
Board of Aldermen.
SIGN
Any device which shall display or include any letter, word,
model, banner, flag, pennant, insignia, device, or representation
used as, or which is in the nature of, an advertisement or announcement
which directs attention to an object, product, place, activity, person,
institution, organization, or business but shall not include any display
of official notice or official flag.
SPECIAL USE PERMIT
Special use permits provide permission under special conditions
to use land as stipulated in each of the Zoning District Regulations.
STORY
That portion of a building, other than a basement, 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.
STREET
A right-of-way, dedicated to the public use, which provides
vehicular and pedestrian access to adjacent properties.
STREET LINE
A dividing line between a lot, tract, or parcel of land and
the contiguous street.
STREET NETWORK
a.
EXPRESSWAYA street which provides fast and efficient movement of large volumes of traffic between areas and does not provide a land service function.
b.
ARTERIALA street which provides for through traffic movement between and around areas with direct access to abutting property, subject to necessary control of entrances, exits and curb uses.
c.
COLLECTORA street which provides for traffic movement between arterials and local streets, which direct access to abutting property.
d.
LOCALA street which provides direct access to abutting land, and local traffic movement whether in business, industrial, or residential areas.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams, or girders, or any
complete rebuilding of the roof or the exterior walls. For the purpose
of this regulation, the following shall not be considered a structural
alteration:
a.
Attachment of a new front where structural supports are not
changed.
b.
Addition of fire escapes where structural supports are not changed.
c.
New windows where lintels and support walls are not materially
changed.
d.
Repair or replacement of non-structural members.
STRUCTURE
Anything constructed or erected, the use of which requires
permanent location on the ground or attachment to something having
a permanent location on the ground, but not including fences or public
items such as utility poles, street light fixtures, and street signs.
TAVERN
An establishment in which the primary function is the public
sale and serving of alcoholic beverages for consumption on the premises.
TRAILER OR RECREATIONAL VEHICLE
A vehicular-type unit primarily designed as temporary living
quarters for recreational, camping or travel use, which either has
its own motive power or is mounted on or drawn by another vehicle.
Examples are travel trailers, camping trailers, truck campers, and
motor homes. Mobile homes and modular homes shall not be considered
trailers or recreational vehicles.
YARD
A space on the same lot with a main building, open, unoccupied
and unobstructed by buildings or structures from the ground upward.
YARD, FRONT
A yard extending across the full width of the lot, the depth
of which is the least distance between the street right-of-way and
the building setback line.
YARD, REAR
A yard extending across the full width of the lot, the depth
of which is the least distance between the rear lot line and the rear
setback line.
YARD, SIDE
A yard extending from the front yard, or front lot line where
no front yard is required, to the rear yard. The width of the side
yard shall be measured horizontally, between the side lot line and
the furthest architectural projection of the structure.
ZONE or DISTRICT
A section of the zoning area for which uniform regulations
governing the use, height, area, size, and intensity of use of buildings,
land, and open spaces about buildings are herein established.
ZONING ADMINISTRATOR
The person or persons authorized and empowered by the Board
of Aldermen having jurisdiction to administer the requirements of
these Zoning Regulations.
ZONING AREA
The area to be zoned as set out on the official Zoning Map
filed of record.
ZONING REGULATIONS
The term "Zoning Regulations" or "this Chapter" or "Zoning
Code" shall mean the requirements stipulated in this Chapter.