[R.O. 2001 § 405.040; CC 1990 § 18.040; Ord. No. 92-6 § 2, 3-19-1992; Ord. No. 96-11 §§ 1 – 2, 9-3-1996; Ord. No. 00-08 §§ 1 – 2, 3-7-2000; Ord. No. 02-02 § 1, 2-5-2002; Ord. No. 02-08 §§ 1 – 2, 7-16-2002; Ord. No. 02-11 §§ 1 – 2, 10-1-2002; Ord. No. 04-11 §§ 1 – 2, 7-13-2004; Ord. No. 04-16 §§ 1 – 2, 9-7-2004; Ord. No. 04-18 §§ 1 – 2, 9-7-2004; Ord. No. 05-06 §§ 1 – 2, 6-7-2005; Ord. No. 06-15 §§ 1 – 2, 9-5-2006; Ord. No. 07-04 §§ 1 – 2, 3-6-2007; Ord. No. 07-09 §§ 1 – 2, 6-5-2007]
Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure" and "premises" and the word "shall" is always mandatory and the word "may" is always permissive. The following definitions shall apply to the respective terms and words when used in, or in connection with, this Chapter:
ACCESSORY BUILDINGA subordinate building or portion of the main building, the use of which is incidental to that of the main building or to the use of the premises.
ACCESSORY STRUCTUREAny structure, the use of which is incidental to the principal use of another structure on the same premises.
ACCESSORY USEA use incidental and subordinate to the principal use of the premises or land.
ADDITIONAny structure containing one (1) or more rooms, or living areas, whether fully enclosed or not, added to an existing building.
ALLEYA way which provides a secondary means of access to abutting property.
ANTENNA STRUCTUREUnless otherwise defined in any Section of this Chapter, the term "antenna structure" shall mean all fixed antennas, including, but not limited to, all radio and television towers and antennas, satellite master antenna systems, television antennas and satellite receiving dishes.
ATTACHED GARAGEA building designed or used for the storage of motor vehicles owned by the occupants of the main building and which is either an integral part of the main building or connected to the first story of the main building with a connecting roof element that includes continuous roof lines.
1. ROOF ELEMENTThe roof structure and material for an attached garage and the connecting element shall be of the same material and structural system as the main residential building and incorporate the same pitch and slope ratio. The underside of the connecting element shall be completely enclosed, utilizing workman-like finishing material as approved by the Architectural Review Board.
EXTERIOR ELEVATIONThe exterior elevations of the attached garage and connecting elements shall be constructed of similar material, fenestration and structural material of the main residential building. The attached garage and connecting element shall be located within the allowable building lines and be constructed in compliance with the building codes of the City of Clarkson Valley and St. Louis County.
BASEMENTA story having part of its height below grade, and the word shall include cellar.
BUFFER AREAAn area not to exceed two hundred (200) feet in depth which is maintained in parklike condition for recreational or scenic purposes, although not open to the general public.
BUILDINGAny structure for the shelter, support, protection or enclosure of persons, animals, chattels or property of any kind.
BUILDING LINEThe line established by law, beyond which no building, nor any part thereof, nor any structure shall extend, except:
1. Those structures or portions thereof specifically allowed within the yard requirements herein; or
As otherwise specifically provided by law.
BUILDING, HEIGHT OFThe vertical distance from the grade to the top of the highest roof beams of a flat roof, or to the mean level of the highest gable or slope of a hip roof. When a building faces on more than one (1) street, the height shall be measured from the average of the grades at the center of each street front.
CARPORTA covered structure used to offer limited protection to vehicles, primarily cars, from rain and snow. The structure can either be free standing or attached to a wall. Unlike most structures, a carport does not have four (4) walls, and usually has one (1) or two (2).
[Ord. No. 21-02, 2-2-2021]
A building designed or used primarily for religions worship, including activities customarily incidental thereto, such as rooms for nurseries, instruction, recreation, and ministerial residence. The word "church" as used herein shall include the word temple.
CLUBA building, or portion thereof, or premises used primarily by members for social or recreational purposes, including services to members customarily incidental thereto.
COURTAn open space with or without direct street access around which is arranged a single building or group of related buildings.
DECORATIVE LANDSCAPE WALLA wall less than twenty-four (24) inches in height from the bottom of the footing that does not support a surcharge; comprised of stone, concrete, wood, man-made wood or other like matter that must either fully encompass or partially surround trees or landscaping. A decorative landscape wall cannot be used as a designated property marker and/or other boundary marker.
[Ord. No. 16-11, 11-1-2016]
The act of changing a tract of land and the state of a tract of land after its function has been purposefully changed by man, including, but not limited to, structures on the land and alterations to the land.
DISTRICTAn area within which the regulations governing the use of premises and buildings are uniform.
DWELLINGAny building, or portion thereof, designed or used for residential purposes.
EDUCATION INSTITUTION WITH ANCILLARY SALES THAT ARE USED IN ONLY THE EDUCATIONAL INSTITUTIONSA facility, public or private, utilized primarily for the education of individuals in a generally accepted field of study or knowledge at the elementary, secondary, collegiate, graduate, or post-graduate level. Institutions providing adult continuing education shall also be deemed an education institution.
1. Minimum Requirements.
a. All education institutions shall employ instructors who are members of recognized State and/or national professional associations. All education institutions shall provide documentation of the same to the City upon request therefor.
All education institutions shall maintain a monthly class schedule and must provide a minimum of one hundred (100) hours of classroom instruction to students and the public every month. The institution shall maintain records regarding its classroom instruction, including the name of the instructor, the names of all students attending, and the time, date, topic, and duration of each class. The institution shall allow the City the right to inspect its classroom instruction records upon request therefor.
Limitations On Ancillary Sales.
a. As part of the institution's operations it shall be allowed to display, and its staff shall be allowed to demonstrate, products related to its field of study for sale to the general public, provided however that:
(1) Such sales activity is ancillary to the educational activities of the institution;
Such sales activity is limited to the hours of 10:00 A.M. to 8:00 P.M. on weekdays; to the hours of 10:00 A.M. to 5:00 P.M. on Saturdays; and on Sundays, the hours of 12:00 P.M. to 3:00 P.M. are limited to plays, recitals, etc., and not sales or instructions; and
The institution shall not keep and maintain on premises for purposes of sales inventory more than three (3) additional examples of any product displayed for sale during any twenty-four-hour period.
As part of the institution's educational operations, it shall also maintain a maintenance/service department that services equipment used by the institution and products displayed for sale to the public, provided however, that the maintenance/service department must be in operation a minimum of thirty (30) hours per week within the hours of operation as stated above.
FAMILY[Ord. No. 16-02, 4-5-2016]
1. One (1) or more persons related by blood or marriage occupying a premises and living together as a single housekeeping unit.
No greater than two (2) adult persons unrelated by blood or marriage, whether or not accompanied by a child or children related by blood or marriage to at least one (1) of said adults, or by foster child or children of one (1) of said adults or by a child or children over whom one (1) of said adults has legal custody, and all said persons living together as a single housekeeping unit.
Either above Subsections
(1) or
(2) and no more than one (1) additional adult who resides at the premises and who is employed full-time as a resident domestic employee.
For purposes of this Chapter, an "adult" shall be defined as an individual eighteen (18) years of age or older.
FARMAn 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 and the normal buying and selling of livestock. The terms "farms" and "farming" include: the operating of such an area for one (1) or more of the above uses, including accessory uses for treating or storing the produce; provided however, that the operation of any such accessory uses shall be secondary to that of the normal farming activity, and provided further that farming does not include the extraction of minerals or the commercial feeding of garbage or offal to swine or other animals.
FLOOR AREAFloor area in the following districts:
1. Zone "A" Semi-Rural District. The gross horizontal areas of the several floors of a dwelling, institution or other building, exclusive of garages, basements, cellars and open porches, measured from the exterior faces of the exterior walls of a dwelling.
Zone "C" Office District. The area of the building, exclusive of penthouses and basements, as measured from the inside face of exterior walls.
FLOOR AREA RATIOThe floor area of the building or buildings on a lot divided by the horizontal area of the lot.
FRONTAGEThe linear distance which property abuts a public or private street or place.
GARAGE, PRIVATEAn accessory building or portion of the main building designed or used for the storage of motor vehicles owned or used by the occupants of the main building.
GRADEThat line formed by the intersection of the finished fill with all the outside walls of the structure.
GROUP HOMEA 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.
1. GROUP HOMETYPE A — A group home serving no more than eight (8) handicapped individuals. A Type A group home may be further defined as follows:
b. 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.
GROUP HOMETYPE B — 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 set forth herein.
HANDICAPA physical or mental impairment which substantially limits one (1) or more of a person's major life activities. A person with a handicap includes the following:
1. A physical or mental impairment which substantially limits one (1) or more of such person's major life activities;
A record of having such an impairment; or
An individual who can be regarded as having such impairment.
HOME OCCUPATION1. Any occupation, trade or profession carried on by a member of the immediate family, residing on the premises, in which:
a. No person is employed other than a member of the immediate family residing on the premises;
No goods are stored on the premises or shipped from the premises except those prepared on the premises;
No mechanical equipment is installed or used except such as is permissible for purely domestic or household purposes;
No pedestrian or vehicular traffic is generated near the residential dwelling as a direct result of the occupation, trade or profession, other than immediate family members residing on the premises;
No exterior display, no exterior alteration of the property, including expansion of parking, no exterior sign, no exterior storage of materials and no other exterior indication of a home occupation or variation from the residential character of the premises;
No use shall require structural alterations to the interior or exterior of the building which changes the residential character thereof; and
There shall be no demand for parking beyond that which is normal to the neighborhood and no visual or excessive traffic to and from the premises.
Provided further, that no display or other activity shall be permitted to indicate from the exterior that the residential dwelling is being utilized in whole or in part for any purpose other than that of a residential dwelling.
HOSPITALAn institution providing medical treatment and overnight bed care for the sick or injured other than for the insane, aged, feebleminded, alcoholics or drug addicts. The term "hospital" shall not be construed in any manner to include a mental institution, sanitorium or convalescent home.
INSTITUTIONA building, portion thereof, or premises used or occupied by any person, organization or corporation for a service to the public which is not for profit, including religious, educational, and medical institutions.
LOADING SPACEA paved off-street space used for the loading and unloading of vehicles, except passenger vehicles, in connection with the use of the property on which such space is located.
LOTLot in the following districts:
1. Zone "A" Semi-Rural District. A parcel of land occupied or intended for occupancy by one (1) main building together with its accessory buildings, including the open spaces required by this Chapter and having its principal frontage upon a street or road or upon an officially approved place. A lot shall not include any land described in or included in any easement for a street, place or road. In the event a lot includes any portion of a lake or pond, said lot shall have a minimum dry area of two (2) acres.
Zone "C" Office District. A parcel consisting of at least five (5) acres for use as permitted in the Zone "C" District.
LOT OF RECORDA lot which is part of a subdivision, the map of which has been recorded in the office of the Recorder of Deeds of St. Louis County, or a lot described by metes and bounds, the description of which has been recorded in the office of the Recorder of Deeds of St. Louis County.
LOT, CORNERA lot abutting upon two (2) or more streets at their intersection.
LOT, DEPTH OFThe mean horizontal distance between the front and rear lot lines.
NON-CONFORMING USEAny building, land or premises lawfully occupied by a use at the time of passage of this Chapter or amendments thereto, which does not conform after the passage of this Chapter or amendments thereto with the use regulations of the district in which it is situated.
NURSERIESA place where trees and other plants are propagated for sale and use in landscape, garden, orchard or forest. The term shall include tree farms.
OPEN STORAGEThe keeping of any goods, materials or equipment in any yard, or on any open lot, other than for vehicular parking in compliance with this Chapter or the temporary storage of construction materials on a construction site.
PARKING AREAAn area of land used or intended for off-street parking facilities for motor vehicles.
PARKING SPACEA surfaced area, enclosed in the main building or in an accessory building, or unenclosed, having an area in the following districts:
1. ZONE "A" SEMI-RURAL DISTRICTNot less than one hundred eighty (180) square feet exclusive of driveways, permanently reserved for the temporary storage of one (1) automobile and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for automobiles.
PENTHOUSERooftop mechanical equipment attached to a structure.
PICKLEBALLA game resembling tennis in which players use paddles to hit a perforated plastic ball over a net.
[Ord. No. 20-07, 11-3-2020]
Any open unoccupied space other than a street or alley permanently reserved as the principal means of access to abutting property.
PREMISESA continuous area of land, including any buildings or structures thereon, under single ownership or operation, containing one (1) lot, or two (2) or more adjacent lots or fractions of lots.
PRIVATE CLUBA building and area used for social purposes only, including the serving of food, refreshments, and any intoxicating beverage, whose normal use is limited to members of the club and their guests, and which club does not provide a service customarily carried on as a business.
PRIVATE GOLF COURSEAn area consisting of a golf course containing at least nine (9) holes, which may include other recreational facilities and accessory buildings incidental thereto, with usage limited to social purposes for members and their guests. The serving of food, refreshments and intoxicating beverages to the members and their guests may be authorized in said area, but no service customarily carried on as a business may be provided.
RETAINING WALLA wall or similar structure designed for the retention of dirt, gravel, sand, soil or other landscaping, natural or man-made material. Retaining walls constructed to a height of four (4) feet or less do not require a building permit as long as the retaining wall is constructed entirely within the front, side and rear building lines. All other walls require a building permit. If an existing retaining wall over four (4) feet in height is replaced, the property owner shall obtain a building permit prior to any reconstruction of the retaining wall. If a property owner desires to replace an existing retaining wall which is located outside the building line and/or desires to modify the height and/or length of the retaining wall, the Board of Adjustment must approve such replacement or modifications before any such construction may commence. Exception: decorative landscape walls (see definition).
[Ord. No. 16-11, 11-1-2016]
A golf safety net can be used as a backstop for a golf driving range and to protect the area behind the net and along the edge of the driving range; e.g., a street, pedestrian walkway, or golf cart path.
[Ord. No. 23-02, 4-4-2023]
All property dedicated or intended for a public or private road, street, alley, highway, freeway, or roadway purposes or to public easements therefor, and which affords the principal means of access to abutting property.
SCHOOLA building, or portion thereof, the primary use of which is for education, together with services customarily incidental thereto.
SIGHT DISTANCE TRIANGLEThe triangular area:
1. Of a corner lot bounded by the property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines.
Formed by connecting two (2) points on the respective intersecting right-of-way lines thirty (30) feet from the intersection of said right-of-way lines for any roads, streets or entrances.
SIGNAny panel, painted or illuminated, advertising the name of a person, firm or product, or having any form of inscription thereon.
SIGN, BUSINESSA sign which gives only basic information concerning the existence of a commercial enterprise, service, or other activity, conducted or offered on the premises upon which the sign is erected.
SIGN, DIRECTIONALA sign identifying entrances, exits, aisles, ramps, and similar traffic-related information.
SIGN, FLATAny sign, painted on or attached to, and erected parallel to the face of a wall of a building, or a boundary wall or fence, and supported solely by the structure to which it is affixed, and not extending more than six (6) inches from the face of the structure to which it is attached.
SOLID FENCEA fence constructed in such a way so that more than twenty percent (20%) of the surface area of the fence obstructs a view through the fence from a position perpendicular to the fence.
[Ord. No. 20-07, 11-3-2020]
Any social, athletic or charitable engagement, activity or event of a limited time duration requiring the issuance of a special permit for parking or requiring the issuance of any other permit by any other governmental regulatory authority.
STORYThat portion of a building, other than a basement or 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.
STREETA public or private way which affords the principal means of access to abutting property.
STREET LINEThe dividing line between a lot, tract, or parcel of land and the right-of-way of a contiguous street.
STRUCTURAL ALTERATIONAny change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
STRUCTUREAnything, with the exception of swing sets located within the building lines, constructed, erected or located thereon, the use of which requires permanent locations on the ground or which, though movable, is used for a purpose which usually and customarily involves permanent location on the ground (including, but without limiting the generality of the foregoing, advertising signs, billboards, poster panels, backstops for tennis courts, pergolas and buildings for the housing of animals and fowls). The use of chicken wire, barbed wire, chain link, or similar material in the construction or maintenance of a structure is prohibited.
[Ord. No. 22-09, 9-6-2022]
[Ord. No. 22-04, 2-1-2022]
1. Any man-made structure or prefabricated device, being portable or non-portable, designed for the storage, containment, retention, collection or circulation of water having a sidewall greater than fifteen (15) inches and/or a diameter greater than six (6) feet and which shall be designed or used for swimming.
All swimming pools shall be constructed so that the pool is installed below the existing grade of the surrounding yard and shall otherwise be installed into the ground. Above-ground and on-ground swimming pools are prohibited. |
For above ground enclosures, portable or non-portable, designed for the storage, containment, retention, collection, or circulation of water (wading pool) having a sidewall greater than fifteen (15) inches and/or a diameter greater than six (6) feet are prohibited. |
Enforcement, Violation And Penalty. Any responsible person may be charged with an offense under this Section and upon conviction shall be punished by fine as provided in Section
405.190 and/or
500.085.
TENNISA game in which two (2) or four (4) players strike a ball with rackets over a net stretched across a court. The usual form (originally called "lawn tennis") is played with a felt-covered hollow rubber ball on a grass, clay, or artificial surface.
[Ord. No. 19-03, 4-2-2019]
A major through street maintained by public authority.
TRUCK GARDENINGA tract of ground cultivated for producing and raising vegetables, fruits, flowers and herbs for sale on the ground or delivery to the market.
YARDAn open space on the same lot with a building unoccupied and unobstructed by any portion of a structure from the ground upward, except driveways for ingress and egress and except as otherwise provided herein.
YARD, FRONTA yard extending across the front of a lot between the side lot lines and having a depth equal to the minimum horizontal distance between the street line and the main building or any projection thereof, other than the projection of the usual steps or entranceway.
YARD, REARA yard extending across the rear of a lot between the side lot lines and having a depth equal to the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.
YARD, SIDEA yard extending from the front yard to the rear yard, and having a width equal to the minimum horizontal distance between the side lot line and the side of the main building or any projections thereof.
YARDS, CORNER LOTSThe front, rear and side yards on corner lots shall be determined and designated with reference to that street on which the lot has the least amount of linear frontage. The front yard shall be that part of the lot abutting and parallel to the street on which the lot has the least linear frontage and the rear yard shall be that part of the lot opposite to the front yard and farthest removed from the street with the least linear frontage. The designation of front, rear and side yards on corner lots as herein provided may be incompatible with other lots in the area because of the size or shape or location of the corner lot in which case the determination and designation of front, rear and side yards shall be made in the discretion of the City authority having jurisdiction of the matter.