[CC 1974 §43.010]
This Chapter shall be known and may be cited and referred to
as the Dexter Zoning Code.
[CC 1974 §§43.015 — 43.020; Ord. No. 2908 §1, 5-16-1977; Ord. No. 3361 §1, 9-21-1987; Ord. No. 3478 §1, 3-19-1990; Ord. No. 3765 §1, 6-19-1995; Ord. No. 4424 §1, 9-18-2006]
A.
Tense And Usage. Unless the context otherwise requires,
the following definitions shall be used in the interpretation and
construction of the Code. 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"; the word "used" shall include "arranged, designed, constructed, altered,
converted, rented, leased" or "intended to be used"; and the word "shall" is mandatory and not directory.
B.
ACCESSORY USE OR STRUCTURE
1.
2.
3.
4.
5.
6.
ALLEY OR LANE
APARTMENT
APARTMENT HOUSE
BASEMENTS
BOARD OF ALDERMEN
BOARDING OR LODGING HOUSE
BUILDING
BUILDING AREA
BUILDING, HEIGHT OF
BUILDING LINE
CELLAR
CHURCH
COMMISSION
DISTRICT
DWELLING
DWELLING, MULTI-FAMILY
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
DWELLING, ROW
DWELLING UNIT
FAMILY
FARM
FENCE
FILLING OR SERVICE STATION
FLOOR AREA
FOSTER CARE HOME
FRONTAGE
GARAGE, COMMERCIAL
GARAGE, PRIVATE
GROUP RESIDENTIAL HOME
HOME OCCUPATION
HOSPITAL
HOTEL
HOUSE TRAILER
INSTITUTION
LAUNDROMAT
LOADING SPACE
LOT
LOT, CORNER
LOT, DEPTH OF
LOT, DOUBLE FRONTAGE
LOT, INTERIOR
LOT OF RECORD
MANUFACTURED HOME
MARIJUANA or MARIHUANA
MARIJUANA-INFUSED PRODUCTS
MEDICAL MARIJUANA CULTIVATION FACILITY
MEDICAL MARIJUANA DISPENSARY FACILITY
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
MEDICAL MARIJUANA TESTING FACILITY
MOBILE HOME
MODULAR HOME
MOTEL, MOTOR COURT, MOTOR LODGE OR TOURIST COURT
NON-CONFORMING USE
NURSERY SCHOOL
NURSING HOME
PARKING LOT
PARKING SPACE, OFF-STREET
PRE-ASSEMBLED HOME
PRE-BUILT HOME
PREMISES
PRIMARY CAREGIVER
QUALIFYING PATIENT
ROOMING HOUSE
SECTIONAL HOME
STABLE
STORY
STORY, FIRST
STORY, HALF
STREET
STRUCTURAL ALTERATION
STRUCTURE
TRAILER (INCLUDING AUTOMOBILE TRAILER AND TRAILER COACH)
TRAILER PARK OR CAMP
USE
YARD
YARD, FRONT
YARD, REAR
YARD SIDE
ZONING CERTIFICATE
ZONING MAP
Definitions. For the purposes of this Chapter, the following words and terms
as used are defined to mean the following:
A use or structure subordinate to the principal use of a
building or to the principal use of land and which is located on the
same lot serving a purpose customarily incidental to the use of the
principal building or land use. Accessory buildings or structures
and related uses include, but are not limited to:
Attached: Joined to or by a wall, especially
sharing a wall with another building.
Carport: A structure used to offer limited
protection from the elements to vehicles, primarily domestic cars.
The structure can be either freestanding or attached to a wall of
the principal building. Unlike most structures, a carport will not
have four (4) walls and is commonly found with one (1) or two (2)
walls.
Freestanding: Pre-manufactured carports, storage
sheds of light weight construction not stabilized by primary structure
and subject to wind damage. (THE PREFERRED LOCATION OF THESE UNITS
WILL BE THE BACK YARD ONLY.)
A public or private way not more than thirty (30) feet wide
affording only secondary means of access to abutting property.
A room or suite of rooms in a multiple-family structure which
is arranged, designed, used or intended to be used as a single housekeeping
unit and which contains complete kitchen, bath and toilet facilities
permanently installed.
A building arranged, intended or designed to be occupied
by three (3) or more families living independently of each other.
A story whose floor line is below grade at any entrance or
exit and whose ceiling is not more than five (5) feet above grade
at any such entrance or exit.
The Board of Aldermen of the City of Dexter, Missouri.
A building or place where lodging and boarding is provided
(or which is equipped regularly to provide lodging and boarding by
prearrangement for definite periods) for compensation for five (5)
or more, but not exceeding twelve (12) individuals, not open to transient
guests, in contradistinction to hotels open to transients.
Any structure having a roof supported by columns or walls
used or intended to be used for the shelter or enclosure of persons,
animals or property. When such a structure is divided into separate
parts by one (1) or more unpierced walls extending from the ground
up, each part is deemed a separate building, except as regards minimum
side yard requirements as hereinafter provided.
The maximum horizontal projected area of a building and its
accessory buildings, excluding open steps, terraces and cornices projecting
not more than thirty (30) inches.
The vertical distance from the average contact ground level
at the front wall of the building to the highest point of the coping
of a flat roof or to the deck line of a mansard roof or to the mean
height level between eaves and ridge for gable, hip or gambrel roofs.
The line which no building or part thereof shall project,
except as otherwise provided by this Chapter.
That portion of a building between floor and ceiling partly
underground, but having half or more than half of its clear height
below the adjoining finished grade.
A building set apart for regularly scheduled public religious
worship, not including units in a strip mall or other semi- detached
buildings in a commercial area.
[Ord. No. 4935, 10-7-2019]
That Planning Commission of the City of Dexter, Missouri.
A section of the City for which uniform regulations governing
the use, height, area and intensity of use by buildings and land and
open spaces about buildings are herein established.
Any building or portion thereof designed or used exclusively
as the residence or sleeping place of one (1) or more persons, but
not including a tent, cabin, trailer or trailer coach, boarding or
rooming house, hotel or motel.
A dwelling or group of dwellings on one (1) plot containing
separate living units for three (3) or more families, but which may
have joint services or facilities or both.
A building designed for or used exclusively for residence
purposes by one (1) family or housekeeping unit.
A building designed for or occupied exclusively by two (2)
families living independently of each other. May also be referred
to as a duplex.
A dwelling, the walls on two (2) sides of which are in common
with the walls of adjoining dwellings and are party or lot line walls.
One (1) room or suite of two (2) or more rooms designed for
or used by one (1) family for living and sleeping purposes and having
only one (1) kitchen or kitchenette.
A person living alone or two (2) or more person living together
as a single housekeeping unit in a dwelling unit as distinguished
from a group occupying a boarding house, lodging house, motel, fraternity
or sorority house.
An area which is used for the growing of the usual farm products
such as vegetables, fruits, trees and grain and their storage on the
area, as well as for the raising thereon of the usual farm poultry
and farm animals such as horses, cattle, sheep and swine. The term
"farming" includes the operating of such an area for one (1) or more
of the above uses, including dairy farms with the necessary accessory
uses for treating or storing the produce; provided however, that the
operation of such accessory uses shall be secondary to that of the
normal farming activities and, provided further, that farming does
not include the feeding of collected garbage or offal to swine or
other animals.
Any manmade structure, protrusion or wild or cultivated growth
over two (2) feet in height whose primary purpose is to establish
and maintain a property line, to furnish privacy for the property
owner and/or tenant, prevent trespass or to confine and protect animals
within the confines of the property shall be deemed a fence.
Any building or premises used for the sale, at retail, of
motor vehicle fuels, oils or accessories or for servicing or lubricating
motor vehicles or installing or repairing parts and accessories, but
not including the repairing or replacement of motors, bodies or fenders
of motor vehicles or painting motor vehicles and excluding public
garages.
The total number of square feet of floor space within the
exterior walls of a building, not including space in cellars or basements;
however, if the cellar or basement is used for business or commercial
purposes, it shall be counted as floor area in computing off-street
parking requirements.
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 less than seven (7) children who are unrelated
to either foster parent by blood, marriage or adoption.
All the property on one (1) side of a street between two
(2) intersecting streets (crossing or terminating) measured along
the line of the street or if the street is dead ended, then all of
the property abutting on one (1) side between an intersecting street
and the dead end of the street.
Any building or premises, except those used as a private
or storage garage, used for equipping, repairing, hiring, selling
or storing motor-driven vehicles. The term repairing shall include
an automotive body repair shop rebuilding, dismantling or storage
of wrecked or junked vehicles.
A detached accessory building or portion of the main building
housing the automobiles of the occupants of the premises.
Any home or residence in which eight (8) or fewer unrelated
mentally retarded or physically handicapped persons reside with not
more than two (2) additional persons acting as house parents or guardians
who need not be related to each other or to any of the mentally retarded
or physically handicapped persons residing in the home.
Any occupation or profession carried on by a member of the
immediate family residing on the premises, in connection with which
there is used no sign other than a name plate or no display that will
indicate from the exterior that the building is being utilized in
whole or in part for any purpose other than that of a dwelling; there
is no commodity sold upon the premises; no person is employed other
than a member of the immediate family residing on the premises; and
no mechanical equipment is used except such as is permissible for
purely domestic household purposes.
Unless otherwise specified, the term "hospital" should be deemed to include sanitarium, sanatorium, preventorium,
clinic, rest home, convalescent home or any other place for the diagnosis,
treatment or other care of ailments and should be deemed to be limited
to places for the diagnosis, treatment or other care of human ailments.
A building in which lodging is provided and offered to the
public for compensation and in which ingress and egress to and from
rooms is made through an inside lobby or office supervised by a person
in charge at all hours, and which is open to transient guests, in
contradistinction to a boarding house or lodging house.
See "TRAILER".
A building occupied by a non-profit corporation or a non-profit
establishment for public use.
A business that provides home type washing, drying, dry cleaning
machines or ironing machines for hire to be used by customers on the
premises.
A space within the main building or on the same lot therewith
providing for the standing, loading or unloading of trucks.
A parcel of land occupied or intended for occupancy by a
use permitted in this Chapter, including one (1) main building together
with its accessory buildings, open spaces and parking spaces required
by this Chapter and having its principal frontage upon a street.
A lot abutting upon two (2) or more streets at their intersection.
The mean horizontal distance between the front and rear lot
lines.
A lot having a frontage on two (2) non-intersecting streets,
as distinguished from a corner lot; a through lot.
A lot other than a corner lot or through lot.
A lot or parcel of land, the deed or subdivision plat of
which has been recorded in the office of the County Recorder of Stoddard
County, Missouri.
A factory-built structure or structures which in the traveling
mode is eight (8) body feet or more in width or forty (40) body feet
or more in length or, when erected on site, contains three hundred
twenty (320) or more square feet, equipped with the necessary service
connections and made so as to be readily movable as a unit or units
on their own running gear and designed to be used as a dwelling unit
or units with or without a permanent foundation. The phrase "without
a permanent foundation" indicates that the support system is constructed
with the intend that the manufactured home placed thereon may be moved
from time to time at the convenience of the owner. See "TRAILER".
Cannabis indicia, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
resin extracted for the plant and marijuana-infused products. Marijuana
or marihuana does not include industrial hemp containing a crop wide
average tetrahydrocannabinol concentration or products manufactured
from industrial hemp.
[Ord. No. 4935, 10-7-2019]
Products that are infused with marijuana or an extract thereof
and are intended for use of consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures, and concentrates.
[Ord. No. 4935, 10-7-2019]
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport, and sell marijuana to a medical
marijuana dispensary facility, to a medical marijuana testing facility,
or to a medical marijuana -infused products manufacturing facility.
[Ord. No. 4935, 10-7-2019]
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 Chapter 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.
[Ord. No. 4935, 10-7-2019]
A facility licensed by the State of Missouri to acquire,
store, manufacture, transport, and sell marijuana-infused products
to a medical marijuana dispensary facility, to a medical marijuana
testing facility, or to another medical marijuana-infused products
manufacturing facility.
[Ord. No. 4935, 10-7-2019]
A facility certified by the State of Missouri to acquire,
test, certify, and transport marijuana.
[Ord. No. 4935, 10-7-2019]
Transportable factory-assembled structure built on a wheeled
metal chassis for transport to the desired location. See "TRAILER".
Transportable factory-assembled sections of a structure built
on a wheeled metal chassis for transport to the desired location and
designed to be joined together on a permanent foundation to form a
complete dwelling. See "TRAILER".
Any building or group of buildings containing guest rooms
or dwelling units, some or all of which have a separate entrance leading
directly from the outside of the building with garage or parking space
conveniently located on the lot and designed, used or intended wholly
or in part for the accommodation of automobile transients.
A building or use of land that does not conform to the regulations
for the district in which it is situated.
A day care center, family day care home or group day care
home as defined by the Missouri Department of Social Services licensing
regulations for child day care facilities.
A home for the aged or infirm in which three (3) or more
persons not of the immediate family are received, kept or provided
with food and shelter or care for compensation.
Any place, lot, parcel or yard used in whole or in part for
the storage or parking of two (2) or more vehicles where such usage
is not incidental to or in conjunction with a dwelling or other usage
permissible in dwelling districts and located on the same tract.
An area, enclosed or unenclosed, sufficient in size to store
one (1) automobile, together with a driveway connecting the parking
space with a street, road or alley and permitting ingress and egress
of an automobile.
See "MODULAR HOME".
See "MODULAR HOME".
A lot, together with all buildings and structures thereon.
An individual twenty-one (21) years of age or older who has
significant responsibility for managing the well-being of a qualifying
patient and who is designated as such on the primary caregiver's application
for an identification card under Article XIV, Section 1, Right to
access medical marijuana, of the Missouri Constitution or in other
written notification from the State of Missouri.
[Ord. No. 4935, 10-7-2019]
A Missouri resident who has been issued a qualifying patient
identification card by the State of Missouri Department of Health
and Senior Services.
[Ord. No. 4935, 10-7-2019]
A dwelling occupied by a resident family or resident occupant
and space made available for five (5) or more rent-paying persons.
See "MODULAR HOME".
Any building, structure or portion thereof which is used
in whole or in part for the shelter or care of horses, cattle or other
similar animals, either permanently or transiently.
That portion of a building 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.
The lowest story or the ground story of any building, the
floor of which is not more than twelve (12) inches below the average
contact ground level at the exterior walls of the building; except
that any basement or cellar used for residence purposes shall be deemed
the first (1st) story.
A partial story under a gable, hip or gambrel roof, the wall
plates of which on at least two (2) opposite exterior walls are not
more than four (4) feet above the floor of such story; provided however,
that any partial story used for residence purposes shall be deemed
a full story.
A public right-of-way fifty (50) feet or more in width which
provides a public means of access to abutting property or any such
right-of-way more than thirty (30) feet and less than fifty (50) feet
in width provided it existed prior to the enactment of this Chapter.
The term "street" shall include avenue, drive, circle,
court, road, parkway, boulevard, place, highway, way, traffic way,
thoroughfare or any other similar term.
Any change in the structural members of a building such as
walls, columns, beams or girders.
Anything constructed, the use of which requires location
on the ground or attachment to something having a location on the
ground.
Any manufactured home, mobile home, modular home, pre-assembled
home, pre-built home, sectional home or other vehicle or structure
constructed in such a manner as to permit occupancy thereof as sleeping
quarters or the conduct of any business, trade or occupation or use
as a selling or advertising device or use for storage or conveyance
for tools, equipment or machinery and as designed that it is or may
be mounted on wheels and used as a conveyance on highways and streets,
propelled or drawn by its own or other motor power.
Any lot or part thereof or any parcel of land which is used
or offered as a location for one (1) or more trailers used for any
purpose set forth in the definition of trailer above.
The purpose for which land or a building or structure is
arranged, designed or intended or for which either land or a building
or structure is or may be occupied or maintained.
An open space, other than a court, on a lot unoccupied and
unobstructed from the ground upward except as otherwise provided in
this Chapter.
A yard extending across the full width of the lot unoccupied
other than by steps, walks, terraces, driveways, lampposts and similar
structures, the depth of which is the least distance between the front
lot line and the building line.
A yard extending across the full width of the lot, the depth
of which is the minimum distance between the rear lot line and a line
parallel thereto of the principal building on the lot.
A yard extending from the front yard to the rear yard, the
width of which is the minimum horizontal distance between the side
lot line and a line parallel thereto of the principal building on
the lot.
A document issued by the Zoning Inspector authorizing buildings,
structures or uses consistent with the terms of this Chapter and for
the purpose of carrying out and enforcing its provisions.
The Zoning Map of the City of Dexter together with all amendments
subsequently adopted.
