[R.O. 2013 § 400.010; Ord. No.
KK354 § II, 3-14-1988]
A.
This Chapter is adopted for the purpose of:
B.
To these ends this Chapter is designed to establish certain standards
and objectives by:
1.
Dividing the City of Lawson into zoned districts and restricting
and regulating therein the location, construction, reconstruction,
alteration, and use of buildings, structures, and land, whether for
residential, business, or other specified uses.
2.
Avoiding or lessening congestion in the public streets.
3.
Establishing, regulating and limiting the building or setback
lines on or along streets, alleys or property lines.
4.
Regulating and limiting the intensity of the use of lot areas
and regulating and determining the area of open spaces within and
surrounding such buildings.
5.
Requiring reasonable site improvements to control erosion.
6.
Prohibiting uses, buildings or structures incompatible with
the character of the residential, business, or industrial districts.
7.
Preventing additions to, and alterations or remodeling of, existing
buildings or structures in such a way as to avoid the restrictions
and limitations imposed hereunder.
8.
Providing for the gradual elimination of those uses, buildings
and structures which are incompatible with the character of the districts
in which they are made or located; including, without being limited
thereto:
a.
Elimination of such uses of unimproved lands or lot areas when
existing rights of the persons in possession thereof are terminated,
or when the uses to which they are devoted are discontinued;
b.
Elimination of uses to which such buildings or structures are
devoted, if they are adaptable for permitted uses; and
c.
Elimination of such buildings and structures when they are destroyed
or damaged in major part.
9.
Defining and limiting the powers and duties of the administrative
officers and bodies as provided hereinafter.
10.
Prescribing penalties for the violation of the provisions of
this Chapter, or of any amendment thereto.
[R.O. 2013 § 400.020; Ord. No.
KK354 § III, 3-14-1988]
A.
Ordinance Interpretations. The interpretation of the intent of this
Chapter shall be in accordance to the following:
1.
In their interpretation and application, the provisions of this
Chapter shall be held to be the minimum requirements for the promotion
of the public health, safety, morals, and welfare of the citizens
of Lawson, Missouri.
2.
Where the conditions imposed by any provision of this Chapter
upon the use of land or buildings, the bulk of buildings, floor area
requirements, lot area requirements, and yard requirements are either
more restrictive or less restrictive than comparable conditions imposed
by any other provisions of this Chapter or of any other law, ordinance,
resolution, rule, or regulation of any kind, the requirements that
are more restrictive or that impose higher standards or requirements
shall govern.
3.
This Chapter is not intended to abrogate any easement, covenant,
or other private agreement; provided, that where the regulations of
this Chapter are more restrictive or impose higher standards or requirements
than such easement, covenants, or other private agreements, the requirements
of this Chapter shall govern.
B.
Language Interpretation. The language set forth in the text of this
Chapter shall be interpreted in accordance with the following rules:
1.
The singular number includes the plural, and the plural includes
the singular.
2.
The present tense includes the past and future tenses, and the
future tense includes the present.
3.
The word "shall" is mandatory, while the word "may" is permissive.
4.
The masculine gender includes the feminine.
5.
All measured distances shall be to the nearest integral foot;
if a fraction is one-half (1/2) foot or more, the integral foot next
above shall be taken.
[R.O. 2013 § 400.030; Ord. No.
KK354 § IV, 3-14-1988; Ord. No. KK398 § 2, 9-11-1989]
A.
Separability. It is hereby declared to be the intent of the Board
of Aldermen of the City of Lawson, Missouri, that the several provisions
of this Chapter are separable, in accordance with the following:
1.
If any court of competent jurisdiction shall adjudge any provision
or provisions of this Chapter to be invalid, such judgment shall not
affect any other provision of this Chapter not specifically included
in said judgment.
2.
If any court of competent jurisdiction shall adjudge invalid
the application of any provision of this Chapter to a particular property,
building, or other structure, such judgment shall not affect the application
of said provision to any other property, building, or structure not
specifically included in said judgment.
B.
Building On Lot. In Single-Family Residential Districts, every single-family
dwelling hereafter erected or structurally altered shall be located
on one (1) lot and there shall not be more than one (1) principal
building on one (1) lot except as may be approved in the planned unit
zoning process and except as provided in this Section.
C.
Allowable Use Of Land Or Buildings. The following uses of land or
buildings are allowed in the districts indicated on the Zoning Map
and under the conditions speed in this Chapter:
D.
Prohibited Use Of Land Or Buildings. No building or tract of land
shall be devoted to any use other than one (1) which is specified
as a permitted use, accessory use, conditional use, or special use
in 400.110 through 400.220 inclusive and in Appendix A, which is included
as an attachment to this Chapter. Where a building permit for a building
or structure has been issued prior to the effective date of this Chapter,
and where construction has begun within six (6) months of such effective
date, and is being diligently prosecuted to completion, said building
or structure may be completed in accordance with approved plans on
the basis of which the building permit was issued; and may, upon completion,
be occupied under a certificate of occupancy for the use originally
designated.
E.
Control Over Use. No building or premises shall hereafter be used
or occupied, and no building or structure, or part thereof, shall
be erected, moved, reconstructed, extended, enlarged, or altered,
except in conformity with the regulations herein specified for the
district in which it is located; except that in Residential Districts
a lot which was of record at the time of adoption of this Chapter,
even though not meeting the requirements of this Chapter as to area
and width, may be used for single-family residential purposes, provided
that such use conforms with all other applicable regulations of this
Chapter, and provided that such use conforms to the generally prevailing
standards of the neighborhood wherein such lot is located.
F.
Conditional Uses. To provide for the location of certain uses hereinafter specified which are deemed desirable for the public welfare within a given district or districts, but which have characteristics which are unusual and which prevent their inclusion in the standard zoning districts contained herein, a classification of Conditional Uses is hereby established. Procedures for conditional uses are set forth in Article VI, Division I, of this Chapter.
G.
Special Uses. To provide for the location of certain uses hereinafter specified which are deemed desirable but may be hazardous unless rigidly controlled a classification of special uses is hereby established. Procedures for special uses are set forth in Article VII of this Chapter.
H.
Garage Sales. Within the City limits of Lawson, Missouri, short term
sales of used household items commonly referred to as garage sales,
basement sales, yard sales, or rummage sales, may be held provided
the following conditions are met:
[R.O. 2013 § 400.040; Ord. No.
KK354 § V, 3-14-1988; Ord. No. KK398 § 1, 9-11-1989]
A.
Statement Of Purpose. The purpose of this is to provide for the regulation
of non-conforming buildings, structures, and uses.
B.
Authority To Continue Non-Conforming Buildings, Structures And Uses.
Any non-conforming building, structure, or use which existed lawfully
at the time of adoption of this Chapter and which remains non-conforming,
and any such building, structure, or use which shall become non-conforming
upon the adoption of this Chapter or of any amendment thereto, may
be continued in accordance with the regulations which follow.
C.
Restriction On Non-Conforming Buildings, Structures And Uses Thereof.
Any lawfully existing building or structure which does not conform
with the regulations of the district in which it is located shall
be subject to the provisions of this Subsection as follows:
1.
Repairs. Ordinary repairs may be made to a non-conforming building
or structure. The determination classifying a repair as ordinary repairs
shall be made by the Building Inspector or Zoning Administrator.
2.
Alteration And Enlargements.
a.
A non-conforming building or structure which is non-conforming
only as to height, yard, parking or loading regulations may be altered,
including structural alterations, or enlarged provided such alteration
or enlargement complies with the regulations and standards of this
Chapter.
b.
A non-conforming building or structure, all or substantially
all of which is designed or intended for a use not permitted in the
district where it is located shall not be added to or enlarged unless
such non-conforming buildings or structures and additions thereto
are made to conform with all regulations herein for the district in
which it is located.
3.
Restoration Of Damaged Non-Conforming Building. A building or structure, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and which is damaged to the extent of not more than fifty percent (50%) of its true current value, may be restored to its original size and occupancy. Such restoration shall be completed within twelve (12) months of the date of damage. Time for litigation shall not be counted in the twelve (12) months of the date of damage. Said building or structure, if destroyed or damaged to an extent greater than fifty percent (50%) of its true current value, shall be restored only if said building or structure, and the use thereof, shall conform to all regulations of the district in which it is located, except buildings or structures that are being used as residential dwellings prior to sustaining damage by more than fifty percent (50%) of the true current value may be restored as long as the use as a residential dwelling has not been discontinued pursuant to Subsection (C)(4) below.
[Ord. No. 07-01-19, 7-29-2019]
4.
Discontinuance Of Use Of Non-Conforming Building Or Structure.
A building, structure, or portion thereof, all or substantially all
of which is designed or intended for a use which is not permitted
in the district in which it is located, and which is vacant on the
effective date of this Chapter or thereafter becomes vacant and remains
unoccupied, or is not used for a continuous period of one hundred
eighty (180) days, shall not thereafter be occupied or used, except
by a use which conforms to the use regulations of the district in
which it is located. A building or structure which is non-conforming
only as to height, yard, parking or loading requirements shall not
be subject to this provision.
5.
Expansion Of A Use In Non-Conforming Building Or Structure.
The non-conforming use of a part of a building or structure may be
expanded within the building or structure in which said use is presently
located, but no structural alterations shall be made unless such structural
alteration, and the use thereof, conform to all regulations of the
district in which the building or structure is located.
6.
Change Of Use In Non-Conforming Building Or Structure. The non-conforming
use of a building or structure may be changed to a use permitted in
the district in which the building or structure is located; but no
change shall extend or otherwise modify any provision made in this
Chapter for elimination of such non-conforming building or structure,
and the use thereof.
D.
Non-Conforming Use Of Conforming Buildings Or Structures. The lawfully
existing non-conforming use of part or all of a building or structure,
all or substantially all of which building or structure is designed
or intended for a use permitted in the district in which it is located,
may be continued subject to the following provisions:
1.
Expansion Of Non-Conforming Use. The non-conforming use of a
part of a building or structure shall not be expanded or extended
into any other portion of such building or structure, nor changed
to any other non-conforming use.
2.
Discontinuance. If a non-conforming use of a building or structure
is discontinued for a period of ninety (90) days, it shall not be
renewed, and any subsequent use of the building or structure shall
conform to the use regulations of the district in which it is located.
E.
Non-Conforming Use Of Land. The non-conforming use of land not involving
a building or structure, or where any building or structure thereon
is merely incidental or accessory to the principal use of the land,
may be continued subject to the following provisions:
1.
Expansion. A non-conforming use of land shall not be expanded
or extended beyond the area it occupies.
2.
Discontinuance. If a non-conforming use of land is discontinued
for a period of ninety (90) days, it shall not thereafter be renewed,
and any subsequent use of land shall conform to the regulations of
the district in which the land is located.
3.
Change Of Use. A non-conforming use of land shall not be changed
to any other use, except to a use permitted in the district in which
the land is located.
4.
Elimination Of Non-Conforming Use Of Land. The non-conforming
use of land shall be discontinued and cease in accordance with the
following:
a.
Where buildings or structures are not employed, in connection
with such use, within one (1) year.
b.
Where such use is maintained in connection with a conforming
building or structure, except for inadequate off-street parking facilities,
it may be continued for so long as the premises are so used.
c.
Where a non-conforming use of land is accessory to the non-conforming
use of a building or structure, it shall be discontinued on the same
date that the non-conforming use of the building or structure is discontinued.
As used in this Chapter, the following terms shall have these
prescribed meanings:
The right to cross between public and private property allowing
pedestrians and vehicles to enter and leave property.
A detached building which is customarily incidental to or
subordinate to the main building located on the same tract or incidental
or subordinate to the use of the land on which it is located.
The use of a building which is customarily incidental to
and located on the same lot or premises as the main use of the premises.
A building housing an accessory use is considered an integral part
of the main building when it has any part of a wall in common with
the main building or is under an extension of the main roof and designed
as an integral part of the main building.
Those rates established by the Administrator pursuant to
individual community studies and investigations which are undertaken
to provide flood insurance in accordance with Section 1307 of the
National Flood Disaster Protection Act of 1973 and the accepted actuarial
principles. "Risk premium rates" include provisions for operating
costs and allowances.
A building or dwelling maintained (the "premises") by a person
who provides or attempts to provide an adult day-care program, providing
care to eight (8) or fewer functionally impaired adults; additionally,
in residential districts, the owner or lessee of a premises to whom
an occupancy permit has been issued shall maintain the adult day-care
home premises as his or her permanent residence and shall physically
occupy the premises at all times that a premises is used to provide
an adult day-care program.
Any live exhibition, performance, display or dance of any
type, including, but not limited to, talking, singing, reading, listening,
posing, serving food or beverages, soliciting for the sale of food,
beverages or entertainment, pantomiming, modeling, removal of clothing
or any service offered for amusement on a premises where such exhibition,
performance, display or dance is intended to seek to arouse or excite
the sexual desires of the entertainer, other entertainers or patrons
or if the entertainment involves a person who is nude or in such attire,
costume or clothing as to expose to view any portion of the human
genitals, pubic region, vulva, pubic hair, buttocks, female breast
or breasts below a point immediately above the top of the areola or
nipple or the human male genitals in a discernibly erect state, even
if completely and opaquely covered.
The use of land, buildings or structures for the purposes
of supply of goods, materials or services that support agricultural
uses. This shall include such goods and services as sale and storage
of seed, feed, fertilizer and chemical products, farm machinery and
equipment sales and service.
A working farm or any agricultural, horticultural, or agribusiness
operation that is open to the public for the purpose of enjoyment,
education, or active involvement in the activities of the farm or
operation. The retail sales of agricultural related products grown
or produced on-site is considered an accessory use to the operation.
An activity is considered a part of the Agricultural Tourist Operation
(ATO) whether or not a participant paid to participate in the activity.
The planting, cultivating, harvesting and storage of grains,
hay or plants commonly grown in Clay County. The raising and feeding
of livestock and poultry shall be considered an agricultural venture
if the area in which the livestock or poultry is kept is ten (10)
acres or more in area and if such raising of livestock and poultry
is incidental or supplemental to the raising of crops. The storage
of crops, grains, feeds or other products shall be limited to those
raised on or to be consumed on the premises.
A dedicated public right-of-way which provides a secondary
means of access to and from streets and lots.
Any addition, removal, extension or change in the location
of any exterior wall of a main building or accessory building.
An establishment where animals are admitted principally for
examination, treatment, board or care by a doctor of veterinary medicine.
This includes kennels which are totally enclosed within the establishment
and which have no outdoor facilities.
A room or suite of rooms within a multifamily dwelling arranged,
intended or designed for a place of residence of a single family or
group of individuals living together as a single housekeeping unit.
A request for a review of the interpretation of any provision
of this Article or, in the case of flood protection, a request for
a variance.
A water-bearing rock medium; rock or sediment formation that
can store and transmit water to wells.
Confined aquifer. An aquifer overlain and underlain by confining
beds that have significantly lower hydraulic conductivity than that
of the aquifer medium; also called an artisan aquifer.
Unconfined aquifer. An aquifer above which there are no confining
rock layers of lower hydraulic conductivity to stop or significantly
decrease water movement.
A designated AO or AH Zone on a community's Flood Insurance
Rate Map (FIRM) with a one percent (1%) or greater annual chance of
flooding to an average depth of one (1) to three (3) feet where a
clearly defined channel is unpredictable and where velocity flow may
be evident. Such flooding is characterized by ponding or sheet flow.
The land in the floodplain within a community subject to
a one percent (1%) or greater chance of flooding in any given year.
A residential care facility for elderly persons that is licensed
by the State, containing a common dining facility and accessory uses
typically needed by elderly residents. Medication dispensing and assistance
with daily living activities may be provided.
All types of repair to automobiles, trucks, motorcycles,
motor homes, recreational vehicles or boats including the sale, installation
and servicing of related parts and equipment. This classification
includes engine and transmission repair, upholstery repair shop, vehicle
painting and repairs to other primary mechanical components that typically
require more than a single day to complete. This classification excludes
vehicle dismantling or salvage and tire retreading or recapping.
Establishments replacing and replenishing motor vehicle fluids
and lubrication (excluding fuel), performing maintenance and minor
repair (tune-ups, tires, shocks, brakes, etc.), washing, waxing or
detailing vehicles, emissions testing with minor repair and other
similar maintenance or minor repair of light vehicles primarily involving
same day service. This classification does not include removal and
repair of primary mechanical components, e.g., engine, transmission,
differential and similar components, which is classified under "automobile
and vehicle repair, major."
A structure and surrounding land used for the storage and
sale of petroleum fuel, including self-service, primarily to passenger
vehicles and/or for accessory uses, such as the sale of lubricants,
accessories or supplies; the incidental washing of motor vehicles
and the performing of minor repairs; but not including tire recapping,
body repairs, major overhaul, provision of rental equipment or open
sales lots.
The flood having a one percent (1%) chance of being equaled
or exceeded in any given year.
Any area of the building having its floor subgrade (below
ground level) partly or totally on all sides.
A dwelling where for compensation one (1) or more rooms are
available for lodging and breakfast served to lodgers only. When conducted
as a home occupation, such facilities are designated as homes. When
designated as an inn, such facilities may be operated as a home occupation
or as a business enterprise. When specifically permitted, tea rooms
for a limited number of customers may be operated in conjunction with
bed-and-breakfast inns.
A piece or parcel of land entirely surrounded by public highway
or streets, other than alleys.
The Board of Aldermen of Lawson, Missouri.
A building, other than a hotel, occupied as a single housekeeping
unit where lodging or meals are provided for three (3) or more persons
for compensation, pursuant to previous arrangements, but not for the
public or transients.
A pedestrian connection between two (2) buildings having
a permanent roof and floor and having no sidewalls except that screenwire
or lattice having at least fifty percent (50%) open area may be attached
in the form of sidewalls.
An open and unpaved ground area around the perimeter of a
tract landscaped or planted so as to provide an attractive green space,
having a grade not exceeding two to one (2:1) and a width of not less
than thirty-five (35) feet.
The width of that part of a lot not included within the open
spaces herein required.
A structure having a roof supported by columns or walls whether
or not completely enclosed and when separated by party walls without
openings, it shall be deemed a separate building. When divided by
other than common or contiguous walls, each portion or section of
such building shall be regarded as a separate building, except that
two (2) buildings connected by a breezeway having a continuous roof
shall be deemed as one (1) building.
A building having two (2) walls in common with other buildings.
A building having no walls in common with another building.
The vertical dimension measured from the average elevation
of the finished lot grade at the front of the building to the highest
point on a flat roof, to the deck line of a mansard roof, and to the
average height between the plate and ridge of a gable or hip roof.
Chimneys, antennas and other similar extensions above any of the above
roof types shall not be considered part of a building height.
A building having one (1) wall in common with another building.
The height, area, yard and parking regulations associated
with permitted uses in zoning districts.
The office of a dentist, doctor, attorney, real estate or
insurance agent, architect, engineer and other similar professional
person and any office used primarily for accounting, correspondence,
research, editing or administration, but not including rooms for the
overnight care of patients.
Establishments located primarily indoors providing services
to businesses, including, but not limited to, business equipment repair
services, window cleaning, janitorial services.
The diameter of a tree measured four (4) feet above finished
grade.
Any parcel 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. 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.
Any vehicular portable dwelling unit designed especially
for short-term occupancy such as travel trailers, tent trailer, 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.
A roofed structure providing space for the parking of motor
vehicles and full open on not less than two (2) sides.
Also known as a child day-care center, is a child-care program
conducted in a location other than the provider's permanent residence,
or separate from the provider's living quarters, where care is provided
for children not related to the child-care provider for any part of
the twenty-four-hour day in accordance with State requirements.
Any private residence licensed by the Division of Family
Services or Department of Mental Health to provide foster care to
one (1) or more, but not less than seven (7) children, who are unrelated
to either foster parent by blood, marriage or adoption.
Lawson, Missouri.
A building or premises used for social, recreational, dining
or philanthropic purposes, the normal use of which is limited to specific
members, patrons or otherwise listed persons.
Any place that provides private meeting facilities. This
classification includes business and professional organizations, labor
unions, civic, social and fraternal organizations, and political organizations.
A parcel of land or an area of water or combination of both
land and water and designed and intended for the use and enjoyment
of the residents of the development. Common open space does not include
streets, alleys, parks, off-street parking or loading area, publicly
owned open space or other facilities dedicated by the developer for
public use. Common open space must be substantially free of structures.
The design, arrangement and location of buildings and structures
or other created or natural elements of the urban environment which
are sufficiently consistent in scale, character, sitting, coloring
or materials with other buildings or elements in the area, so as to
avoid abrupt or severe differences.
A use of any building, structure or parcel of land by the
Planning and Zoning Commission that, by its nature, is perceived to
require special care and attention in siting so as to assure compatibility
with surrounding properties and uses. Conditional uses may have special
conditions and safeguards attached to assure that the public interest
is served.
A building or group of buildings, in which units are owned
individually, and the structure, common areas and facilities are owned
by the owners on a proportional undivided basis.
A residential facility for elderly persons within which are
provided living and sleeping facilities, meal preparation, laundry
services and room cleaning. Medical services are not required to be
provided.
The process of making groundwater impure, unclean, inferior
or unfit for domestic uses by introduction of undesirable elements.
Detailed plans for control, containment, recovery and cleanup
of hazardous materials released during floods, fires, equipment failures,
leaks and spills.
An establishment where liquids used as motor fuels are stored
and dispersed into the fuel tanks of motor vehicles by persons other
than the service station attendant and may include facilities for
the sale of other retail products such as prepackaged food products,
household items and goods commonly associated with the same and having
a gross floor area of less than five thousand (5,000) square feet.
An open space bounded on three (3) or more sides by exterior
buildings, walls or by exterior walls of a building and lot lines
upon which walls or fences are allowable.
The mean level of the curb in front of the lot or, in the
case of a corner lot, along that abutting street where the mean curb
level is the highest.
The number of dwelling units per acre of land, measured in
gross area.
The owner, or any other person, firm or corporation authorized
by the owner, undertaking proceedings under the provisions of these
regulations for the purpose of rezoning or seeking a conditional use
on land.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
or storage of equipment or materials.
An enterprise which accommodates the patrons' automobiles
and from which the occupants of the automobiles may make purchases,
transact business or view motion pictures or other entertainment.
A lot or land or part thereof used primarily for the disposal,
abandonment, dumping, burial, burning or storage of garbage, sewage,
trash, refuse, junk, discarded machinery, vehicles, or parts thereof,
or waste material of any kind.
Any building or portion thereof which is designed and used
exclusively for residential purposes.
A residential building which is joined to another dwelling
at one (1) or more sides by all or a substantial portion of a party
wall or walls including walls of an attached garage.
A residential building which is entirely surrounded by open
space on the same lot.
A building designed for or occupied exclusively by three
(3) or more families living independently of each other.
A detached dwelling, designed for or occupied by one (1)
single family, containing one (1) dwelling unit. For the purposes
of these zoning regulations, child foster care homes and group homes
shall be considered single-family dwellings.
A building designed for or occupied by two (2) families living
independently of each other in separate dwelling units.
One (1) or more rooms constituting all or part of a dwelling
which are used exclusively as living quarters for one (1) family and
not more than two (2) roomers or boarders and which contain a stove,
sink and other kitchen facilities.
A legal interest in land, granted by the owner to another
person, which allows that person(s) the use of all or a portion of
the owners land, generally for a stated purpose, including, but not
limited to, access or placement of utilities.
For the purposes of determining rates, structures for which
the start of construction commenced before the effective date of the
FIRM or before January 1, 1975, for FIRMs effective before that date.
"Existing construction" may also be referred to as "existing structures."
Something built, installed or established for a particular
purpose.
One (1) or more persons who are related by blood, marriage
or legal adoption living together as a single household unit; a group
of not more than eight (8) persons not related by blood, marriage
or adoption, living together as a single household unit sharing common
living, sleeping, cooking and eating facilities.
See "child care."
A child-care program where care is provided for no more than
ten (10) children not related to the child care provider for any part
of the twenty-four-hour day in accordance with State requirements.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
An official map of a community on which the Flood Insurance
Study has delineated the flood hazard boundaries and the zones establishing
insurance rates applicable to the community.
The official report provided by the Federal Emergency Management
Agency. The report contains flood profiles, as well as the Flood Boundary
Floodway Map and the water surface elevation of the base flood.
Any combination of structural and non-structural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one (1) foot.
The area of the floodplain, outside of the floodway, that
on the average is likely to be flooded once every one hundred (100)
years [i.e., that has a one percent (1%) chance of flood occurrence
in any one (1) year].
For computing off-street parking requirements, "floor area"
shall mean 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 all floors, except
that space which is used for storage.
An association formally organized for either fraternal, social,
educational, philanthropic or other similar purposes, including union
and professional organizations, and operated not for profit for persons
who are bona fide members paying annual dues, which owns, hires or
leases premises, when food and beverages may be served and the use
of such premises is restricted to such members and their guests.
A factor of safety usually expressed in feet above a flood
level for purposes of flood plain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, clogged bridge openings
and the hydrological effect of urbanization of the watershed.
That part of a lot or tract of land which borders along any
given access to a public street or public right-of-way with a dead-end
street, all property abutting one (1) side of such street measured
from the nearest intersecting street and the end of the dead-end street.
Such public street or right-of-way shall not include an alley or access
to the rear of such lot or tract.
A building or parking structure used for the parking and
storage of vehicles accessory to a dwelling on the same lot and attached
thereto by a common wall and/or common roof structure. An attached
garage shall be considered part of the main structure and shall be
fully enclosed and roofed.
A detached accessory building or portion of a dwelling structure
which is designed or used for the storage of vehicles and which is
fully enclosed and roofed and excludes a carport or other open shelter.
A dwelling not more than two and one-half (2 1/2) stories
or thirty-five (35) feet in height, containing three (3) or more dwelling
units.
Also known as a "group day-care home," is a child day-care
program conducted in a location other than the provider's permanent
residence, or separate from the provider's living quarters, where
care is given by a person licensed as a group day care home provider
for eleven (11) to twenty (20) children not related to the child-care
provider for any part of the twenty-four-hour day in accordance with
State requirements and licensing.
A structure which provides residential, non-institutional
housing for a group of six (6) or more unrelated individuals or related
and unrelated individuals, where physical assistance and/or other
supportive services are provided by professional support persons at
least one (1) of whom lives in the residence. A group home shall have
no more than ten (10) residents, inclusive of supervisory personnel,
except as otherwise provided in this Code. A group home is further
defined as Type A or Type B according to its client population as
listed below.
A group home serving no more than eight (8) handicapped individuals.
A Type A group home may be further defined as follows:
GROUP HOME FOR DEVELOPMENTALLY DISABLED PERSONSA State-licensed group home exclusively for the care of persons with developmental disabilities as defined and regulated by the Missouri Department of Human Services or other authorized agency.
GROUP HOME FOR ELDERLY PERSONSA group home of persons sixty (60) years of age or older who do not require medical attention associated with a residential health care facility. Group homes for elderly persons shall be licensed as an assisted living residence or alternative care facility by the Missouri Department of Public Health or other authorized agency.
GROUP HOME FOR MENTALLY ILL PERSONSA State-licensed group home exclusively for the care of persons with mental illness as defined and regulated by the Missouri Department of Public Health or other authorized agency.
A group home that does not meet the definition of a Type
A group home whose residents are not handicapped or protected under
Federal or State fair housing legislation. A Type B group home shall
also include a Type A group home which exceeds eight (8) handicapped
residents subject to the provision for reasonable accommodation.
Living quarters within a detached, accessory building located
on the same lot with the main building for use by temporary guests
of the occupants of the premises, such quarters having no kitchen
facilities and not rented or otherwise used as a separate dwelling.
A material which is defined in one (1) or more of the following
categories:
Ignitable: A gas, liquid or solid which may cause fires through
friction, absorption of moisture or which has low flash points. Examples:
white phosphorous and gasoline.
Carcinogenic: A gas, liquid or solid which is normally considered
to be cancer causing or mutagenic. Examples: PCBs in some waste oils.
Explosive: A reactive gas, liquid or solid which will vigorously
and energetically react uncontrollably if exposed to heat, shock,
pressure or combinations thereof. Examples: dynamite, organic peroxides
and ammonium nitrate.
Highly toxic: A gas, liquid or solid so dangerous to man as
to afford an unusual hazard to life. Examples: parathion and chlorine
gas.
Moderately toxic: A gas, liquid or solid which through repeated
exposure or in a single large dose can be hazardous to man. Example:
atrazine.
Corrosive: Any material, whether acid or alkaline, which will
cause severe damage to human tissue or, in case of leakage, might
damage or destroy other containers of hazardous materials and cause
the release of their contents. Examples: battery acid and phosphoric
acid.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a State inventory of historic places
in States with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Any occupation or business activity conducted for financial
gain which results in a product or service and is conducted in whole
or in part in the dwelling unit and is clearly subordinate to the
residential use of the dwelling unit.
A public agency or private organization or subdivision of
either unit that is primarily engaged in providing care to dying persons
and their families.
A building or group of buildings with access provided through
a common entrance, lobby or hallway where sleeping accommodations
are designed, intended to be used on or are used, rented or hired
out as temporary, overnight or weekly accommodations for guests.
Lighting of a sign or object in such a way that the source
of light cannot be seen.
Old or scrap copper, brass, rope, rags, batteries, paper,
trash, rubber, debris, waste, iron, steel and other old or scrap ferrous
or non-ferrous material.
Premises or a building which is maintained, operated or used
for disposal, storing, keeping, buying or selling junk.
A commercial operation that:
Any unplanned or improper discharge of a potential contaminant,
including any discharge of a hazardous material.
A space within the main building or on the same lot, providing
for the loading or unloading of trucks, within a minimum of fourteen
(14) by fifty (50) feet and a vertical clearance of eighteen (18)
feet.
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 these
regulations, which may include more than one (1) lot of record or
metes and bounds described tract having its principal frontage upon
a public street.
The total area within the property lines of a lot or tract.
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 Building Inspector.
That portion of a lot improved with covered structures.
The mean (average) horizontal distance between the front
and rear lot lines.
A lot whose side lines do not abut upon any street.
The boundary lines of a lot. If a zoning lot has two (2)
or more front lot lines, the owner shall designate the yard which
is to be the rear yard.
A lot which is part of a subdivision, the map of which has
been recorded in the office of the County Recorder of Deeds or a lot
which is described by metes and bounds, the description of which has
been recorded in the office of the Recorder of Deeds.
An interior lot having frontage on two (2) streets.
The horizontal distance between the side lot lines as measured
at the front building line.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage, in an area other than a basement
area, is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation
of the applicable non-elevation design requirements of these regulations.
A residential building or dwelling unit which is either wholly
or partially constructed or assembled off the site in accordance with
Section 18551 of the Health and Safety Code and certified under the
National Manufactured Housing Construction and Safety Standards Act
of 1974 (42 U.S.C. § 5401 et seq.).
A parcel (or contiguous parcels) of land divided into two
(2) or more manufactured home lots for rent or sale.
A facility licensed by the State of Missouri, to acquire,
cultivate, process, store, transport, and sell marijuana to a medical
marijuana dispensary facility, medical marijuana testing facility,
or to a medical marijuana-infused products manufacturing facility.
A facility licensed by the State of Missouri, to acquire,
store, sell, transport, and deliver marijuana, marijuana-infused products,
and drug paraphernalia used to administer marijuana as provided for
in this section to a qualifying patient, a primary caregiver, another
medical marijuana dispensary facility, a medical marijuana testing
facility, or a medical marijuana-infused products manufacturing facility.
A facility licensed by the State of Missouri, to acquire,
store, manufacture, transport, and sell marijuana-infused products
to a medical marijuana dispensary facility, a medical marijuana testing
facility, or to another medical marijuana-infused products manufacturing
facility.
A facility certified by the State of Missouri to acquire,
test, certify, and transport marijuana.
A structure built prior to 1974 capable of being transported
in one (1) or more sections and designed to be used with or without
a permanent foundation as a single-family dwelling unit when connected
to on-site utilities, excluding recreational vehicles, manufactured
homes and factory-built building.
A dwelling structure located on a permanent foundation and
connected to public utilities, consisting of preselected, prefabricated
units or modules and transported to and/or assembled on the site of
its foundation; in contradistinction to a dwelling structure which
is custom-built on the site of its permanent location; and also in
contradistinction to a manufactured home, either single-width, double-width
or multi-width, located on a permanent foundation. In general, such
modular homes shall have exterior building materials and similar appearance
to custom-built single-family dwellings.
A commercial use or activity which as a principal part of
its operations provides goods or services to motor vehicles or occupants
of motor vehicles in a short time span or which provides goods or
services to occupants of motor vehicles remaining within the vehicles.
For the purpose of determining insurance rates, structures
for which the "start of construction" commenced on or after the effective
date of an initial FIRM or after December 31, 1974, whichever is later,
and includes any subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures for which
the start of construction commenced on or after the effective date
of a floodplain management regulation adopted by the City and includes
any subsequent improvements to such structures.
An unimproved lot which does not comply with the lot requirements
for any permitted use in the zoning district in which it is located.
A building, sign or structure or a portion thereof lawfully
existing pursuant to the ordinances in effect at the time of its construction
or subsequent alteration, but which does not comply with any development
criteria or requirements of the present zoning district regulations.
Any land occupied by a use at the time of the effective date
of this Chapter which does not conform with the provisions of the
same.
A program operated by a person or organization with the primary
function of providing an educational program for preschool age children
for no more than four (4) hours per child per day in accordance with
State requirements.
An establishment or agency licensed by the State for the
boarding and care or treatment of three (3) or more unrelated individuals.
An area or portion of land, either landscaped or essentially
unimproved and which is used to meet human recreational or spatial
needs or to protect water, air or plant areas. Open space may include,
but is not limited to, lawns, decorative plantings, walkways, active
and passive recreation areas, playgrounds, fountains, swimming pools,
wooded areas and watercourses. Open space shall not be deemed to include
driveways, parking lots or other surfaces designed or intended for
vehicular travel.
Open space areas within a development which are designed
or intended for the use and enjoyment of the residents and their guests.
Facilities for various outdoor participant sports and types
of recreation where a fee is charged for use, including amphitheaters,
amusement and theme parks, golf driving ranges, skateboard parks,
stadiums and coliseums, swim and tennis clubs, tennis courts, water
slides, race tracks and zoos.
The display and sales of products or services primarily outside
a structure and limited to those items generally stored, used or inspected
outdoors.
The keeping in an enclosed area of goods, materials or merchandise
for a period of longer than twenty-four (24) hours.
A district in which additional requirements act in conjunction
with the underlying zoning district(s). The original zoning district
designation does not change.
Construction with pre-engineered wall sections, roof and
floor trusses, and decking that are produced in a factory and shipped
to the building site for final construction.
A permanently surfaced dust-free area enclosed or unenclosed
to store one (1) automobile, having the minimum dimensions of nine
(9) feet by twenty (20) feet, to which an automobile has direct access
from a permanently surfaced dust-free drive.
Any individual, firm, copartnership, corporation, company,
association, joint stock association or body politic and includes
any trustee, receiver, assignee or other similar representative thereof.
An open, unoccupied space other than a street or alley permanently
established or dedicated as the principal means of access to property
abutting thereon.
Facilities operated for worship or to conduct religious activities,
including churches, mosques, synagogues and religious instruction.
May include accessory uses on the same site, such as living quarters
for clergy and staff and child or senior day-care facilities. Other
establishments maintained by religious organizations, such as reading
rooms, full-time educational institutions, hospitals or recreational
camps, are classified according to their respective activities.
A tract of land under single ownership or control which is
to be developed in accordance with a plan adopted by resolution and
the boundaries of which are established to the Zoning District Map.
A tank, pit, container, pipe or vessel of first containment
of a liquid or chemical.
An association organized and operated either for or not for
profit for persons who are bona fide members paying annual dues, which
owns, hires or leases premises, where food and beverages may be served
and the use of which premises is restricted to such members and their
guests.
A facility operated by a government agency for public safety
and emergency services, including a facility that provides EMS, Police
and Fire protection.
Any firm, agency or organization duly authorized to furnish
to the public under State or municipal regulations electricity, gas,
steam, communications, telegraph, transportation or water.
A system for the provision to the public of piped water for
human consumption, if such system has at least ten (10) service connections
or regularly serves an average of at least twenty-five (25) individuals
at least sixty (60) days out of the year. Such term shall include
any source, treatment, storage or distribution facilities under control
of the operator of the system and used primarily in connection with
the system and any source, treatment, storage or distribution facilities
not under such control but which are used in connection with such
system.
A vehicle which is:
Built on a single chassis;
Four hundred (400) square feet or less when measured at the
largest horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
A recycling facility used for the acceptance by donation,
redemption or purchase of recycling materials from the public. Facility
includes equipment for compacting, baling, plastic shredding and other
activities necessary for efficient temporary storage and material
shipment.
The water surface elevation of the 100-year flood.
A building wherein food is prepared and served to the public
in ready-to-eat form. The term shall include cafe, cafeteria grills,
pizza parlor, diner, snack shop, hamburger shop and steak house.
Service of patrons in vehicles from a window adjacent to
a drive aisle or lane. This activity may occur in conjunction with
a restaurant or beverage sales business.
Any business establishment whose principal business is providing
for the preparation or sale of prepared foods, frozen desserts or
beverages for either carry out/delivery or for consumption on the
premises where either:
Foods, frozen desserts or beverages are usually served in edible
containers or in paper, plastic or other disposable containers and
where customers are not served their food, frozen desserts or beverages
by a restaurant employee at the same table or counter where the items
are consumed; or
The establishment includes a drive-up or drive-through service
facility or offers curb service.
See "nursing home."
An area of land, with or without building, used for or occupied
by a deposit, collection or storage, outside a completely enclosed
building, of used or discarded materials such as waste paper, 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 salvage yard shall also include the dismantling or wrecking of used
motor vehicles or trailers or the storage, sale or dumping of dismantled
or wrecked vehicles or their parts. The presence on any lot or parcel
of land of two (2) or more motor vehicles which, for a period exceeding
thirty (30) days, have not been capable of operating under their own
power or from which parts have been removed for reuse or sale shall
be considered to be a salvage yard.
A building(s) or structure(s) designed and/or operated to
provide individual spaces to the general public for the sole purpose
of storage.
The land within a community subject to a one percent (1%)
or greater chance of flooding in any given year. This land is identified
as Zone A on the official map.
For other than new construction, includes substantial improvement
and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement or other improvement was within one hundred eighty (180)
days of the permit date. The actual start means either the first placement
of permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds,
not occupied as dwelling units or not part of the main structure.
For a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
A private vehicular access way shared by and serving two
(2) or more lots, which is not dedicated to the pubic and is not publicly
maintained. Private streets and alleys may be established only under
the terms of the Unified Development Code.
A public dedicated right-of-way, other than an alley, which
affords the principal means of vehicular access to abutting property.
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 these
regulations, the following shall not be considered a structural alteration:
A walled and roofed building that is principally above ground,
as well as a manufactured home, and a gas or liquid storage tank that
is principally above ground. The term does not include fences or public
items such as utility poles, street light fixtures and street signs.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed fifty percent (50%) of the market value of the structure
before the damage occurred.
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds fifty percent
(50%) of the market value of the structure before the start of construction
of the improvement. This term includes structures which have incurred
substantial damage, regardless of the actual repair work performed.
The term does not, however, include either:
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary or safety code specifications
which have been identified by the local Code Enforcement Official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a historic
structure.
Facilities designed and/or used for the purpose of transmitting,
receiving or relaying voice and/or data signals from various wireless
communication devices, including transmission tower, antenna and/or
facility designed or used for that purpose. Amateur radio transmission
facilities, facilities operated exclusively as part of a public safety
network, and facilities used exclusively for the transmission of television
and/or radio broadcasts are not telecommunication facilities.
A vehicle storage area at least two thousand seven hundred
(2,700) square feet in size completely enclosed by a privacy fence
not less than six (6) feet high and sufficiently secured by gates
and locks to prohibit intrusion of unauthorized persons. The tow lot
area shall consist of a gravel surface.
A building containing two (2) or more dwelling units, which
dwelling units are separated by a party wall and which dwelling units
are designed and intended to be separately owned in fee under the
condominium Statutes of the State of Missouri.
Includes a separate vehicle not driven or propelled by its
own power, drawn by some independent power. For purposes of these
regulations, the term "trailer" shall not include mobile, manufactured
or modular homes.
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. The term "trailer
camp" does not include sales lots on which unoccupied camping trailers,
whether new or used, are parked for the purpose of storage, inspection
or sale.
The specific purpose for which land or a building is used.
An appeal from the provisions of these regulations granted
by the Board of Adjustment where there are practical difficulties
or unnecessary hardships in the way of carrying out the strict letter
of the regulations. Variances shall apply to the construction or alteration
of buildings or structures or the use of land so that the spirit of
this chapter shall be observed, public safety and welfare secured
and substantial justice done. For the purposes of the Floodplain Overlay
District, a variance is a grant of relief to a person from the requirements
of the Floodplain Overlay District which permits construction in a
manner otherwise prohibited by the Floodplain Overlay District where
specific enforcement would result in unnecessary hardship and practical
difficulties.
The failure of a structure or other development to be fully
compliant with the community's floodplain management regulations.
A structure or other development without the elevation certificate,
other certifications or other evidence of compliance required in these
regulations is presumed to be in violation until such time as that
documentation is provided.
A triangular area at a street intersection in which nothing
shall be erected, placed (including automobiles, trucks and other
large vehicles or trailers), planted or allowed to grow in such a
manner as to materially impede vision and, therefore, the safety of
vehicles and pedestrians between the height of thirty-three (33) inches
and eight (8) feet above the grades of the bottom of the curb of the
intersecting streets. Such area on a corner lot shall have two (2)
sides which are measured from the center of the lot line intersection
and a third side across the lot joining the ends of the other two
(2) sides. Where the lot lines at intersections have rounded corners,
the lot lines will be extended in a straight line to a point of intersection.
A building used primarily for the storage of goods and materials.
A use engaged in storage, wholesale and distribution of manufactured
products, supplies and equipment, but excluding bulk storage of materials
that are inflammable or explosive or that creates hazardous or commonly
recognized offensive conditions.
The selling of goods, equipment or materials to another business
that in turn sells to other customers.
A required open space, other than a court, unoccupied and
unobstructed by any structure or portion of a structure from the ground
upward; provided, however, that fences, walls, poles, posts and other
customary yard accessories, ornaments and furniture may be permitted
in any yard subject to height limitations and requirements limiting
obstruction of visibility.
A yard extending across the full width of the lot, the depth
of which is the least distance between the lot line or road easement
or right-of-way line and the front building line.
A yard extending across the full width of the lot between
the rear building line and the rear lot line, the depth of which is
the least distance between the rear lot line and the rear building
line.
A yard between the side building line and the side lot line
and extending from the front yard to the rear yard and being the least
distance between the side lot line and the side building line.
