[CC 1985 § 25-164; Ord. No. 277 § 1, 11-7-1966]
This Chapter shall be known and may
be cited and referred to as the "Zoning Ordinance of the City of St.
James, Missouri."
[CC 1985 § 25-165; Ord. No. 277 §§ 2 — 2.50, 11-7-1966; Ord. No. 550, 11-7-1994; Ord. No.
955, 7-6-2009]
For the purpose of this Chapter,
certain terms and words are hereby defined:
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 public or private thoroughfare which affords only a secondary
means of access to abutting property.
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 purpose
of height regulation if subdivided and used for dwelling purposes
other than by a janitor employed on the premises.
See "lodging house."
The width of the lot left to be built upon after the 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. When any portion of a building is completely
separated from any other portion thereof by a division wall without
openings or by a fire wall, then each such portion shall be deemed
to be a separate building.
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 ridge for gable, hip
and gambrel roof.
The word "building" includes the word "structure."
A story having more than one-half (1/2) of its height below
grade.
A transportable structure intended for permanent occupancy
as a residential unit, fabricated in a factory in compliance with
Federal Manufactured Home Construction and Safety Standards, adopted
June 15, 1976, as amended, and having the following characteristics:
The usable square footage of the
manufactured home shall be at least equal to the average square footage
of the conventionally built homes within six hundred (600) feet of
the site on which the manufactured home is placed.
Roof constructed using composition
materials and having a minimum pitch on the main roof of two-and-one-half-foot
rise for each twelve (12) feet of horizontal run and a minimum roof
overhang of six (6) inches per side.
Having a width of no less than thirty
percent (30%) of the length.
Having exterior siding of a type,
quality, and appearance customarily used on conventionally built homes.
Having all wheels, axles, hitch and
other mechanisms for the purpose of transport removed and placed on
and anchored, without the use of tie-down straps, to a permanent and
complete foundation that has been constructed of materials and in
a manner approved by the BOCA National Building Code as adopted by
the Missouri Public Service Commission.
Orientation on the lot conforming
to the same orientation as the majority of conventionally built homes
within six hundred (600) feet of the lot on which the home is situated.
Having no provision for tie-downs.
Having windows of the case or slide
variety, and not the aluminum crank out type.
Having stairs, porches, entrance
platforms and other means of entrance and egress installed and constructed
so as to be firmly attached to the primary structure and anchored
securely to the ground.
Having substantially the appearance,
when installed, of an on-site, conventionally built, single- or two-family
dwelling.
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 designed or used exclusively
for residential occupancy, but not including trailers, mobile homes,
hotels, motels, boardinghouses, or tourist homes.
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.
A building designed for or occupied exclusively by more than
two (2) families.
A building designed for or occupied exclusively by one (1) family.
For the purpose of any zoning law, ordinance or code, the classification
"single-family dwelling" or "single-family residence" shall include
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. In the case of any such residential home for
mentally or physically handicapped persons, the local zoning authority
may require that the exterior appearance of the home and property
be in reasonable conformance with the general neighborhood standards.
Further, the local zoning authority may establish reasonable standards
regarding the density of such individual homes in any specific single-family
dwelling neighborhood.
Should a single-family dwelling or single-family residence as defined in Subsection (2) of this definition cease to operate for the purpose as set forth in Subsection (2) of this definition, any other use of such home, other than allowed by local zoning restrictions, must be approved by the local zoning authority.
For purposes of any zoning law, ordinance or code. the classification
of "single-family dwelling" or "single-family residence" shall include
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.
A building designed for or occupied exclusively by two (2)
families.
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 for the raising thereon of the usual farm poultry
and farm animals, such as horses, cattle, sheep and swine. The term
"farming" includes the operation 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 lubrication
of 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.
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, but not including property more than
four hundred (400) feet distant on either side of a proposed building
or structure.
A detached accessory building, or portion of the main building,
housing the automobiles of the occupants of the premises.
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.
The average level of the finished surface of the ground for
buildings more than five (5) feet from a street line. For buildings
closer than five (5) feet to a street line, the grade is the sidewalk
elevation at the center of the building. If there is more than one
(1) street, an average sidewalk elevation is to be used. If there
is no sidewalk, the Public Works Director and/or Code Enforcement
Official shall establish the sidewalk grade.
Any occupation or profession carried on by a member of the
immediate family residing on the premises in connection with which
there is used no sign other than a name plate, or no display that
will indicate from the exterior that the building is being utilized
in whole or in part for any purpose other than that of a dwelling;
there is no commodity sold upon 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 permissible
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 as herein defined.
A building occupied by a non-profit corporation or a non-profit
establishment for public use.
A business that provides home-type washing, drying, or ironing
machines for hire to be used by customers on 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, not open to
transient guests, in contradistinction to hotels open to transients.
Includes nursing homes and homes for the aged and infirm.
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 or parcel of land, the deed of which has been recorded
in the office of the County Recorder of Phelps County, Missouri, prior
to the adoption of this Chapter.
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 a frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
A transportable structure intended for permanent occupancy
as a residential unit, fabricated in a factory in compliance with
Federal Manufactured Home Construction and Safety Standards, adopted
June 15, 1976, as amended and not subject to state or local construction
codes, the ownership of which is conveyed by title, having a serial
number, and having steel I-beams as part of the floor framing.
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 or amendment thereto which does not conform
after the passage of this Chapter or amendment thereto with the use
regulation of the district in which it is situated.
The singular number shall include the plural and the plural
the singular.
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.
An outdoor sign, display, device, figure, painting, drawing,
message, plaque, poster, billboard, or other thing designed, intended
or used to advertise or inform, any part of the advertising or information
contents of which is visible from any point of the traveled ways of
the interstate or primary systems.
An area, enclosed, or unenclosed, sufficient in size 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.
A lot, together with all buildings and structures thereon.
A vehicular-type unit designed for 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. This definition
includes the terms "travel trailer," "camper," "motor home" and "camping
trailer."
[Ord. No. 21-1193, 4-19-2021]
Is mandatory and not directory.
Originally designed for use in the packing, shipping, movement
or transportation of freight, articles, goods or commodities and originally
designed for or capable of being mounted or moved by rail, truck or
ship by means of being mounted on a chassis or similar transport device.
This definition includes the terms "transport containers" and "storage
containers."
[Ord. No. 21-1193, 4-19-2021]
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.
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.
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.
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.
Words used in the present tense shall include the future.
An area where two (2) or more trailers can be or are intended
to be parked; designed or intended to be used as living facilities
for one (1) or more families.
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 between a main
building and 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.
