[Ord. No. 10-16, 7-13-2010]
This Chapter shall be known and may be cited and referred to as the "Zoning Ordinance of the City of Bismarck, Missouri."
[Ord. No. 10-16, 7-13-2010 ]
For the purpose of this Chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular shall include the plural, and the plural the singular; the word "building" shall include the word "structure" and the word "shall" is mandatory and not directory.
A subordinate building which is incidental to the principal building or use and which is located on the same lot with such principal building or use.
A use incidental to the principal use of a building located on the same lot with the principal building or use.
A public or private thoroughfare which affords only a secondary means of access to abutting property.
A story having a part, but not more than one-half (1/2) of its height, below grade. A basement is counted as a story for the purpose of height regulations if subdivided and used for business or dwelling purposes.
A building other than a hotel where, for compensation and by arrangement for definite periods, meals, or lodging and meals, are provided for five (5) or more persons, but not exceeding twenty (20) persons.
The width of the lot left to be built upon after the side yards are provided.
Any structure having a roof supported by columns or walls built for the support, or enclosure of persons, animals, chattels, or property of any kind but not including any vehicle, trailer (with or without wheels), nor any movable device, such as furniture, machinery, or equipment. When any portion of a building is completely separated from any other portion thereof by a division wall without openings or by a fire wall, then each such portion shall be deemed to be a separate building.
The vertical distance from the grade to the highest point of the coping of a flat roof, or the deck line of a mansard roof, or to the mean height level between eaves and the ridge for gable, hip or gambrel roofs.
A story having more than one-half (1/2) of its height below grade.
Any place, home or institution which receives more than six (6) children under the age of seventeen (17) years, and not of common parentage, for care apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation; provided, however, this definition shall not include public and private schools organized, operated or approved under the laws of this State; custody of children fixed by a court of competent jurisdiction; children related by blood or marriage within the third degree of the custodial person; or to churches or other religious or public institutions while their parents or legal guardians are attending services, meetings or classes, or are engaged in church activities. The term "child- or day-care center" shall be deemed to include day-care homes and day nurseries as defined by the Missouri Department of Social Services for licensing purposes.
Generally, any business of a commercial nature that has as its primary function the direct sale of goods or services to the general public.
An official document adopted by the City setting forth a plan for the physical development of the community, including studies of land use, traffic volume and flow, schools, parks, and other public buildings.
A section or sections of the City of Bismarck for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of the use are uniform.
Any building or portions thereof which is designed and used exclusively for residential purposes.
One (1) or more rooms in a dwelling occupied or intended to be occupied as separate living quarters by a single family as defined herein.
A building designed for or occupied exclusively by more than two (2) families.
A building designed for or occupied exclusively by one (1) family. For the purpose of this Chapter, the classification of single-family dwelling shall include group homes as defined herein.
A building designed for or occupied exclusively by two (2) families.
One (1) or more persons related by blood, marriage or adoption, occupying a dwelling unit as an individual housekeeping organization and not more than two (2) other persons not related by blood, marriage or adoption, or a group of not more than three (3) persons, excluding servants, not related by blood, marriage or adoption and living together as a single housekeeping organization in a dwelling unit.
An area which is used for the growing of the usual farm products, such as vegetables, fruit, trees, and grain, and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep and swine. The term "farming" includes the operation of such an area for one (1) or more of the above uses, including dairy farms with the necessary accessory uses for treating and storing the produce; provided, however, that the operation of such accessory uses shall be secondary to that of the normal farming activities, that such land shall consist of at least ten (10) acres in one (1) parcel under common ownership or operation and, provided further, that farming does not include the feeding of collected garbage or offal to swine or other animals.
Any building or premises used for the sale at retail of motor vehicle fuels, oil, 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.
All the property on one (1) side of a street between two (2) intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one (1) side between an intersecting street and the dead end of the street, but not including property more than four hundred (400) feet distant on either side of a proposed building or structure.
Any building or premises except those used as a private or storage garage, used for equipping, repairing, hiring, selling or storing motor-drive vehicles. The term "repairing" shall not include an automotive body repair shop nor the 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.
The average level of the finished surface of the ground adjacent to the exterior walls of the building, except when any wall approximately parallels and is not more than five (5) feet from a street line, then the elevation of the street at the center of the wall adjoining the street shall be grade.
Any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home. In the case of any such residential home for mentally or physically handicapped persons, the local zoning authority may require that the exterior appearance of the home and property be in reasonable conformance with the general neighborhood standards. Further, the local zoning authority may establish reasonable standards regarding the density of such individual homes in any specific single-family dwelling neighborhood.
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 nameplate, 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.
The term "industry," as used in this Chapter, is restricted to establishments primarily involved in product manufacturing and processing, heavy equipment uses, and warehousing. It does not include retail and wholesale trades, agricultural uses, institutional uses, and other businesses that are primarily commercial in nature.
A building occupied by a non-profit corporation or a non-profit establishment for public use.
An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street or other appropriate means of access.
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 which is a part of a subdivision, the map or plat of which has been recorded in the office of the County Recorder of St. Francois County, Missouri; or a lot or parcel of land, the deed of which has been recorded in the office of the County Recorder of St. Francois County, Missouri, prior to the adoption of this Chapter.
A lot abutting upon two (2) or more streets at their intersection.
The mean horizontal distance between the front and the rear lot lines.
A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
An establishment whose primary function is the mechanical or chemical transformation or processing of materials or substances into new products, including the assembly of component parts and blending of materials.
An area or plot of ground upon which two (2) or more mobile homes, occupied for dwelling or sleeping purposes, are located or intended to be located, regardless of whether or not a charge is made for such accommodation.
A factory-built structure or structures more than eight (8) body feet in width and thirty-two (32) feet or more in length, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its, or their, own running gear and designed to be used as a dwelling unit or units without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the mobile home placed thereon may be moved from time to time at the convenience of the owner.
A factory-fabricated, transportable building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational, or industrial purposes that is indistinguishable in appearance from conventionally built structures. For the purposes of this Chapter, modular home units are considered as permissible single-family dwellings in appropriate districts.
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 paying guests.
Any building or land lawfully occupied by a use at the time of passage of this Chapter, or amendment thereto, which does not conform after the passage of this Chapter, or amendment thereto, with the use regulations of the district in which it is situated.
Any institution or facility defined as an assisted living facility, residential care facility, intermediate care facility, or skilled nursing facility for licensing purposes by Section 198.006, RSMo., whether proprietary or non-profit.
An area, enclosed or unenclosed, sufficient in size to store one (1) automobile, together with a driveway connecting the parking space with a street, road, or alley and permitting ingress and egress of an automobile.
A map, plan, or layout of a City, township, section or subdivision indicating the location and boundaries of individual properties.
A lot, together with all buildings and structures thereon.
An identification, description, illustration or device which is affixed to, or represented directly or indirectly upon, a building, structure, or land, and which directs attention to a product, place, activity, person, institution, or business.
That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than sixty percent (60%) of the floor area is finished off for use. A half-story may be used for occupancy only in conjunction with and by the occupancy of the floor immediately below.
A public way which affords the principal means of access to abutting property.
A dividing line between a lot, tract, or parcel of land and a contiguous street.
Any change, except those required by law or ordinance, that would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders, not including openings in bearing walls, as permitted by other ordinances.
Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground and including, but not limiting, the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, and pergolas.
An area or plot of ground upon which two (2) or more trailers or mobile homes, occupied for dwelling or sleeping purposes, are located or intended to be located, regardless of whether or not a charge is made for such accommodation.
The purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.
An open space on the same lot with a building unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided in this Chapter.
A yard across the full width of the lot extending from the front line of the main building to the front line of the lot.
A yard extending the full width of the lot between a main building and the rear lot line.
A yard between the main building and the side line of the lot and extending from the front yard line to the rear yard line.