[Ord. No. 388 Art.
II, 8-7-1980]
For the purpose of this Chapter, the following
words and terms as used herein are defined to mean the following.
Words used in the present tense include the future, words in the singular
number include the plural, and words in the plural number include
the singular; the word "building" includes the word "structure"; the
word "shall" or the word "must" is mandatory and not directory; the
word "lot" includes the word "plot"; the term "used for" includes
the meaning "designed for" or "intended for."
ACCESSORY BUILDING OR USE
A subordinate building, a portion of the main building, or
a use customarily incident to and located on the lot occupied by the
main building or use of the property.
AGRICULTURAL USE
The use of a tract of land of not less than five (5) acres
for the growing of crops, pasturage, nursery, or the raising of poultry,
including the structures necessary for carrying out farming operations
and the residence or residences of those owning or operating the premises,
a member of the family thereof, or persons employed thereon, and the
family thereof, but such use shall not include feed lots as defined
by State Statute.
ALLEY
A public way which affords only a secondary means of access
to abutting property.
ALTERATION
As applied to a building or structure, is a change or rearrangement
in the structural parts of an existing building or structure. Enlargement,
whether by extending a side, increasing in height, or the moving from
one (1) location or position to another shall be considered as an
alteration.
APARTMENT
A room or a suite of rooms within an apartment house arranged,
intended, designed for or used as the place of residence of a single
family or group of individuals living together as a single housekeeping
unit.
APARTMENT HOUSE
A building arranged, intended, designed for or occupied by
more than two (2) families.
BASEMENT
A story below the first story as hereafter defined.
BLOCK
A piece or parcel of land entirely surrounded by public highways
or streets other than alleys. In cases where the platting is incomplete
or disconnected, the City Engineer shall determine the outline of
the block.
BOARDINGHOUSE or LODGING HOUSE
A building other than a hotel, occupied as a single housekeeping
unit, where lodging or meals are provided for five (5) or more persons
for compensation pursuant to previous arrangements, but not for the
public or transients.
CAMPGROUNDS
Any piece, parcel, tract or plot of ground which provides
space for transient occupancy and is used or intended to be used for
the parking of one (1) or more camping trailers, tents or similar
recreational vehicles. Under no circumstances shall any one (1) camper
occupy a campground for a period exceeding fifteen (15) consecutive
days. The term "campgrounds" does not include sales lots on which
unoccupied camping trailers, whether new or used, are parked for the
purpose of storage, inspection or sale.
CAMPING TRAILER
Any vehicular portable dwelling unit designed especially
for short-term occupancy, such as travel trailers, tent trailers,
truck- or auto-mounted camping units, converted buses and trucks,
and all other similar units, whether self-propelled, pulled or hauled,
and designed primarily for highway travel without the necessity of
a special permit.
CONFINED FEEDING
The confined feeding of animals for food, fur or pleasure
purposes in lots, pens, pools or ponds which are not normally used
for raising crops and in which no vegetation intended for animal food
is growing. This will not include a wintering operation for cows in
lots or on farming ground unless the operation causes a pollution
problem. Food animals shall include fish, fowl, cattle, swine, and
sheep. Fur animals shall include dogs and horses.
CURB CUT
Making a break in an existing curb and gutter for the purpose
of ingress and egress of vehicles from a street. Where no curbs exists,
any structure placed across or in a drainage ditch shall be considered
a curb cut.
CURB LEVEL
The mean level of the curb in front of the lot, or in case
of a corner lot, along that abutting street where the mean curb level
is the highest.
DRIVEWAY
An area established or used for ingress and egress of vehicles
from a street or thoroughfare to any point on private property.
DWELLING, MODULAR HOME
A single-family dwelling suitable for year-round occupancy
which consists of more than one (1) module either partially or wholly
factory-fabricated and containing a framework which does not contain
wheels or a towing tongue. When transported to a building site, it
will be placed on a permanent foundation so as to be substantially
affixed to the site and connected to a water supply, waste disposal
system and electrical supply, thereby making it immobile housing.
DWELLING, MULTIPLE
A building or portion thereof designed for or occupied as
a home of three (3) or more families or households living independently
of each other, including apartment houses, row houses, tenements and
apartment hotels.
DWELLING, SINGLE-FAMILY
A residential building having accommodations for and occupied
exclusively by one (1) family.
DWELLING, TWO-FAMILY
A residential building having accommodations for and occupied
exclusively by two (2) families independently.
FAMILY
1.
An individual or married couple and the children
thereof and no more than two (2) other persons related directly to
the individual or married couple by blood or marriage (excluding servants),
except that a family may include not more than one (1) additional
person not related to the family by blood or marriage, provided that
such additional person may be provided with sleeping accommodations
but not with kitchen facilities; or
2.
A group of not more than four (4) persons not
related by blood or marriage living together by joint agreement and
occupying a single housekeeping unit with single kitchen facilities
on a non-profit cost-sharing basis.
FAMILY DAYCARE HOMES, PRESCHOOL CENTERS, NURSERY SCHOOLS
A place for reception, care, training or instruction of more
than five (5) children not of common parentage, residing therein,
regardless of sex, under the age of eighteen (18) years, for compensation
or otherwise, provided that nothing herein contained shall be construed
as applying to the regularly established public or parochial schools,
colleges, universities, academies or seminaries, or other schools
or institutions organized under and by virtue of the laws of the United
States or the State of Missouri and under the supervision of the duly
constituted authorities thereof.
FRONT YARD
An open space, unoccupied except as hereinafter provided,
across the full width of the lot extending from the front line of
the building to the front street line of the lot.
FRONT YARD DEPTH
The minimum horizontal distance from the front line of the
building to the front street line of the lot.
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, COMMUNITY
Any building or premises, other than a public, private or
storage garage, providing storage for motor vehicles with facilities
for washing but no other services, such garage to be in lieu of private
garages within a block or portion of block.
GARAGE, PUBLIC
Any building or premises used for storage, care or repair
of motor vehicles, which is operated for commercial purposes.
GARAGE, STORAGE
Any building or premises, except those defined as a private,
public or community garage providing storage for motor vehicles, with
facilities for washing but no other services.
GROUP HOME
For purposes of this Chapter, 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.
GROUP HOUSING PROJECT
A building project consisting of two (2) or more buildings,
constructed on a plat of ground which is not subdivided into customary
streets or lots.
HEIGHT OF BUILDINGS
The vertical distance measured from the highest of the following
three levels:
1.
From the street curb level;
2.
From the established or mean street grade in
case the curb has not been constructed;
3.
From the average finished ground level adjoining
the building where it sets back from the street line, to the level
of the highest point of the roof beams of flat roofs or roofs inclining
not more than one (1) inch to the foot, and the mean height level
of the top of the main plate and highest ridge for other roofs.
HEIGHT OF YARD OR COURT
The vertical distance from the lowest level of such yard
or court to the highest point of any boundary wall.
HOME OCCUPATIONS
A business, profession or trade conducted for gain or support
entirely within a residential building subject to the following use
limitations:
1.
In all residential districts, A-1 Districts,
and M-P Districts:
a.
No commodities shall be displayed or sold on
the premises except that which is produced on the premises.
b.
No mechanical or electrical equipment shall
be used that created a nuisance due to, but not limited to, odor,
noise, vibration, glare, etc.
c.
No outdoor storage of materials or equipment
used in the home occupation shall be permitted.
d.
No alteration of the principal residential building
shall be made which changes the character thereof as a residence.
e.
The home occupation shall be carried on entirely
within the principal residential structure and under no circumstances
shall the home occupation be carried on within a detached accessory
building.
f.
No sign shall exceed two (2) square feet in
area, shall not be illuminated, and shall be placed flat against the
main wall of the building.
g.
Operators or employees of a home occupation
shall not exceed two (2) persons and shall be residents of the home
in question.
h.
No manufacturing or processing of any sort whatsoever
shall be done, and no stock-in-trade shall be displayed or sold on
the premises.
i.
Instructions in trades, crafts, dance, drama,
music or other similar activities shall be limited to no more than
five (5) pupils at any one (1) time.
2.
Particular Home Occupations Permitted. Customary home occupations include, but are not limited to, the following list of occupations; provided, however, that each listed occupation is subject to the requirements of Subsection
(1) of this definition:
a.
Dressmakers, seamstresses and tailors.
b.
Music teachers, provided that instruction shall
be limited to not more than five (5) pupils at a time.
c.
Dance and drama instructors, provided that instructions
shall be limited to not more than five (5) pupils at one (1) time.
d.
Artists, sculptors, and authors or composers.
e.
Offices for architects, engineers, lawyers,
realtors, insurance agents, brokers, doctors, dentists, and members
of similar professions.
f.
Ministers, rabbis, and priests.
g.
Offices for salesmen, sales representatives,
manufactures representatives, when no exchange of tangible goods is
made on the premises.
h.
Home crafts, such as model making, rug weaving,
lapidary work, cabinetmaking, etc., provided that no machinery or
equipment shall be used other than that which would customarily be
used in connection with the above home crafts when pursued as a hobby
or avocation.
i.
Daycare centers or babysitters caring for five
(5) or less unrelated children.
j.
Barbershops and beauty parlors.
k.
Services such as small appliance, radio and
TV repair.
3.
Particular Home Occupations Prohibited. Permitting
home occupations shall not in any event include the following:
b.
Nursery schools, unless specifically permitted
by the district regulations.
f.
Tourist homes, unless specifically permitted
by the district regulations.
g.
Renting of trailers or equipment.
h.
Animal kennels or hospitals.
i.
Auto and other vehicle repair.
HOTEL
A building or portion thereof, or a group of buildings used
as a transient abiding place, which may or may not serve meals, 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 of age] are boarded, housed, cared for, fed,
or trained by other than the owner.
KENNEL (BREEDER)
Any place, area, building or structure where more than four
(4) dogs are kept for purposes of breeding, raising or as pets.
LOT
A parcel of land occupied or to be occupied by a building
and its accessory buildings, and including such open spaces as are
required under this Chapter, and having its principal frontage upon
a public street or place.
LOT CORNER
A lot abutting upon two (2) or more streets at their intersection.
A corner lot shall be deemed to front on that street on which it has
its least dimension, unless otherwise specified by the City Engineer.
LOT DEPTH
The horizontal distance from the front street line to the
rear line.
LOT LINES
The lines bounding a lot as defined herein.
LOT WIDTH
The mean horizontal distance between side lines measured
at right angles to the depth.
LOT, INTERIOR
A lot whose side lines do not abut upon any street.
LOT, THROUGH
An interior lot having frontages on two (2) streets.
MEDICAL, DENTAL OR HEALTH CLINICS
Any building designed for use by one (1) or more persons
lawfully engage 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,
pediatrics, and in which no patients are lodged overnight, but which
may include an apothecary.
MOBILE HOME
A factory-built residential structure or structures equipped
with the necessary service connections and made so as to be readily
moveable as a unit or units on its or their own running gear and designed
to be used as a dwelling unit or a residential structure receiving
the State of Missouri Certificate of Mobile Home designation.
MOBILE HOME PARK
Any area, piece, parcel, tract or plot of ground equipped
as required for support of mobile homes and used or intended to be
used by one (1) or more occupied mobile homes, but under no circumstances
shall the mobile home spaces be sold or offered for sale individually.
The term "mobile home park" does not include sales lots on which unoccupied
mobile homes, whether new or used, are parked for the purposes of
storage, inspection or sale.
MOBILE HOME SPACE
A plot of ground within a mobile home park which can accommodate
one (1) mobile home and which provides the necessary utility services
for water, sewerage, and electricity.
NURSING HOMES or CONVALESCENT HOMES
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.
PLACE
An open, unoccupied space, other than a street or alley,
permanently established or dedicated as the principal means of access
to property abutting thereon.
PRIVATE CLUB
A non-profit association of persons who are bona fide members
paying annual dues, which owns, hires or leases a building or premises,
or portion thereof, the use of such building or premises, or portion
thereof, being restricted to members and their guests. The affairs
and management of such private club are conducted by a board of directors,
executive committee, or similar body chosen by the members at their
annual meeting. It shall be permissible to serve food and meals on
such premises, providing adequate dining room space and kitchen facilities
are available. The sale of alcoholic beverages to members and their
guests shall be allowed, provided it is secondary and incidental to
the promotion of some other common objective by the organization,
and further provided that such sale of alcoholic beverages is in compliance
with the applicable Federal, State and municipal laws.
PUBLIC UTILITY
Any business which furnishes the general public with:
6.
Any other business so affecting the public interest
as to be subject to the supervision or regulation by an agency of
the State.
REAR LINE
The boundary line which is opposite and most distant from
the front street line, except that in the case of uncertainty, the
City Engineer shall determine the rear line.
REAR YARD
An open space, unoccupied except as hereinafter provided,
between the rear lot line and the rear line of the principal building
and the side lot lines.
REAR YARD DEPTH
The minimum horizontal distance from the rear line of the
principal building to the rear lot line.
RESTAURANT
A public eating establishment at which the primary function
is the preparation and serving of food.
RESTAURANT, DRIVE-IN
An establishment where, for compensation, food is prepared
and dispensed and normally consumed on the premises, but not necessarily
within the confines of the building.
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 may also be included, such service shall not
include tire recapping, body repairs or major overhaul.
SIDE LINE
Any lot boundary line not a front or rear line thereof. A
side line may be a part lot line, a line bordering on an alley or
place, or a side street line.
SIDE YARD
An open space, unoccupied except as hereinafter provided,
between the main building and the adjacent side line of the lot, and
extending through from the front yard to the rear yard.
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.
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 and one-half (2 1/2)
feet and eight (8) feet above the grades of the bottom of the curb
of the intersecting streets, measured from the point of intersection
of the centerline of the streets, ninety (90) feet in each direction
along the centerline of the streets. At the intersection of major
or arterial streets, the ninety-foot distance shall be increased to
one hundred twenty (120) feet.
SPECIAL USE PERMIT
A special use permit is a written permit issued by the Zoning
Administrator with the written authorization of the Planning and Zoning
Commission. This special use permit provides permission under special
conditions to make certain special uses of land in certain zoning
districts as stipulated in each of the district zoning regulations.
STABLE, PRIVATE
An accessory building for the keeping of horses, ponies,
mules or cows, owned by occupants of the premises, and not kept for
remuneration, hire or sale.
STABLE, PUBLIC
A stable other than a private stable as defined herein.
STORY
That part of a building included between the surface of one
(1) floor and the surface of the floor next above, or if there be
no floor above, that part of the building which is above the surface
of the highest floor thereof. A top story attic is a half story when
the main line of the eaves is not above the middle of the interior
height of such story. The first story is the highest story having
its interior floor surface not more than four (4) feet above the curb
level, established or mean street grade, or average ground level,
as defined in this Section.
STREET
A public thoroughfare which affords principal means of access
to property abutting thereon.
STREET LINE
The dividing line between the street and the abutting property.
STRUCTURAL ALTERATIONS
Any change in the supporting member of a building, such as
load-bearing walls, columns, beams or girders.
TAVERN
An establishment in which the primary function is the public
sale and serving of alcoholic and cereal malt beverages for consumption
on the premises, including establishments commonly known as "key clubs,"
which are open and in which alcoholic and cereal malt beverages are
served only to members and their guests.
TOURIST CABINS or TRAILER CAMPS
A tract or parcel of land upon which two (2) or more tourist
cabins are located or where temporary accommodations are provided
for two (2) or more automobile trailers, tents or house cars, open
to the public either free or for a fee.
TRAVEL TRAILER
1.
A vehicular portable structure built on a chassis
and designed for temporary occupancy for travel, recreational or vacation
uses, and when factory equipped for the road, being of any weight,
provided its overall length does not exceed twenty-eight (28) feet;
or
2.
A structure designed to be mounted on a truck
chassis for use as a temporary dwelling for travel, recreation and
vacation use.
YARD
A space of the same lot with a main building, open, unoccupied
and unobstructed by buildings or structures from the ground upward.
ZONING ADMINISTRATOR
The person or persons authorized and empowered by the Governing
Body having jurisdiction to administer the requirements of these zoning
regulations.