[Ord. No. 157, 8-26-2008]
Unless otherwise expressly stated, the following terms shall
have the meaning herein indicated. Where words have not been defined,
the standard dictionary definition shall prevail.
ACCESSORY APARTMENT
A separate complete dwelling unit substantially contained
within the structure of a single-family detached dwelling.
ACCESSORY STRUCTURE
A structure which is:
1.
Subordinate to and serves a principal structure;
2.
Subordinate in area, extent or purpose to the principal structure;
3.
Contributes to the comfort, convenience or necessity of occupants
of the principal structure;
4.
Located on the same lot as the principal structure and shall
include all structures whether or not they are permanently affixed
to the ground by foundation or otherwise.
ACCESSORY USE
A use which is:
1.
Subordinate to and serves a principal use;
2.
Subordinate in area, extent or purpose to the principal use;
3.
Contributes to the comfort, convenience or necessity of occupants
of the principal use;
4.
Located on the same lot as the principal use.
ACRE
A measure of land containing forty-three thousand five hundred
sixty (43,560) square feet.
ACT
The Federal Communications Act of 1934 as amended by the
Telecommunications Act of 1996 and as may, from time to time, be amended.
ADMINISTRATIVE OFFICIAL
Except as otherwise specifically provided, primary responsibility
for administering and enforcing the Merriam Woods Zoning Regulations
may be assigned by the Board of Trustees to one (1) or more individuals
in the employ of the Village. The person or persons to whom these
functions are assigned shall be referred to as "Administrative Official."
ADULT CABARET
A building or portion of a building regularly featuring dancing
or other live entertainment that constitutes the primary live entertainment
and is distinguished or characterized by an emphasis on the exhibiting
of specific sexual activities or specified anatomical areas for observation
by the patrons therein.
ADULT MEDIA STORE
An establishment where forty percent (40%) or more of the
gross public floor area, and/or forty percent (40%) of the stock in
trade is devoted to the rental and/or sale of magazines, books, videotapes,
slides, CD-ROMs or other devices used to record computer images, cable
television, or any other media distinguished or characterized by an
emphasis on matter depicting, describing or relating to specific sexual
activities or specified anatomical areas.
AGRICULTURAL USE
The production, keeping, or maintenance, sale, lease or personal
use of plants and animals, including, but not limited to: forages
and sod crops; grain and seed crops; dairy animals and dairy products;
poultry and poultry products; livestock, including beef cattle, sheep,
swine, horses, ponies, mules and goats, or any hybrids thereof, including
the breeding and grazing of any or all kinds of such animals; bees
and apiary products; fur animals; trees for forest products; fruits
of all kinds; vegetables; nursery, floral, ornamental and greenhouse
products; the necessary accessory uses for packing, treating or storing
such agricultural produce, provided, however, that the operation of
any such accessory uses shall be secondary to that of normal agricultural
activities; and land devoted to soil conservation or forestry management;
but excluding feed lots, confined animal feeding facilities, stockyards
and animal slaughterhouses.
ALLEY
A dedicated public right-of-way, other than a street, designed
to extend only secondary access to the side or rear of those properties
whose principal frontage and access is on some other street.
ALTERATION
A physical change to one (1) or more exterior features of
a structure, which includes, but is not limited to, the erection,
construction, reconstruction or removal of any feature of the structure.
ANIMAL, FARM
Any livestock or other animal raised for commercial or agricultural
purposes, as defined under "Agricultural Use."
ANIMAL, HOUSEHOLD PET
Any animal normally and customarily kept by domestic households
for pleasure and companionship, excluding poultry, cows, livestock,
chinchillas, horses, goats, sheep, monkeys, pigs and other similar
animals and fowl.
ANIMAL, NON-DOMESTIC
Any feline other than domestic house cat, non-human primate,
bear, wolf, coyote, fox, venomous reptile, or any other animals or
crossbreed of such animals which have similar characteristics or are
dangerous or unsafe for contact with humans.
ANTENNA SUPPORT STRUCTURE
Any building or other structure other than a tower, which
can be used for location of wireless telecommunication facilities.
APPLICANT
A person, corporation, or other legal entity submitting an
application for an amendment, permit, variance or appeal as required
by this Chapter.
BASEMENT
A story partly or wholly below grade. A basement shall be
considered a story if the vertical distance between the ceiling and
the average level of the adjoining ground is more than three (3) feet
or if the basement is used for business or dwelling purposes.
BED AND BREAKFAST
A dwelling, or portion thereof, that contains guest rooms
where short term lodging, with or without meals, is provided for compensation.
BERM
A mound of earth, typically located in a buffer yard to block
noise, lights or other nuisances.
BLOCK
A parcel of land intended to be used for urban purposes,
which is entirely surrounded by public streets, highways, railroad
rights-of-way, public walks, parks or greenways, rural land or drainage
channels, or a combination thereof.
BOARD OF ADJUSTMENT
The appellate body appointed by the Merriam Woods Board of
Trustees to assist in the administration of this Chapter, pursuant
to Chapter 89, Sections 89.010 through 89.170 of the Revised Statutes
of Missouri. The word "Board" shall refer to the Board of Adjustment.
BOARDING HOUSE (also LODGING or ROOMING HOUSE)
A building, other than a hotel or apartment hotel where,
for compensation and by pre-arrangement for definite periods, lodging,
meals or lodging and meals are provided for three (3) or more persons,
but not exceeding twenty (20) persons.
BUFFER YARD
A land area containing trees, shrubs and other plants, berms,
fences or walls used to separate one (1) use from another, or to block
noise, lights or other nuisances.
BUILDABLE AREA
The portion of a lot remaining after required yard setbacks
have been provided.
BUILDING
Any structure having a roof supported by columns or walls
for the shelter or enclosure of persons, animals, or property of any
kind, and which is permanently affixed to the ground.
BUILDING COVERAGE
The horizontal area measured within the exterior walls of
the ground floor of all principal and accessory buildings on the lot
divided by the gross area of the lot.
BUILDING HEIGHT
The vertical distance from the grade to the highest point
of the coping on 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
and gambrel roofs.
BUILDING LINE
A line or lines indicating the distance from the property
line behind which all enclosed portions of the building must be located.
BULK REGULATIONS
Regulations controlling the size of structures and the relationship
of structures and uses to each other and to open area and lot lines.
Bulk regulations include regulations controlling: (1) maximum height,
(2) maximum lot coverage, (3) maximum floor area ratio, and (4) minimum
size of yards and setbacks.
BULK STORAGE
The storage of chemicals, petroleum products and other materials
in above-ground containers for subsequent resale to distributors,
retail dealers or outlets.
CAMPGROUND
An area or premises in which space is provided for transient
occupancy or use by tourists occupying recreational vehicles, camping
trailers or tents.
CLINIC, MEDICAL OR DENTAL
An establishment where human patients are admitted for examination
and/or treatment by one (1) or more physicians, dentists, psychologists,
or social workers, but where patients are not provided with room or
board nor lodged overnight.
CLUB, PRIVATE
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 and enumerated persons.
COMMISSION
The Planning and Zoning Commission of the Village of Merriam
Woods, Missouri.
COMMON OPEN SPACE
Land or water, or a combination thereof, within or related
to a planned residential development, not individually owned or dedicated
for public use, which is designed and intended for the common use
or enjoyment of the residents of the development. It may include complementary
structures and improvements approved as part of the general development
plan. Common open space does not include streets, alleys, off-street
parking or loading for public use.
COMMUNICATIONS or TELECOMMUNICATIONS
The transmission, between or among points as specified by
the user, of information of the user's choosing, without change
in the form or content of the information sent or received, by wire,
radio, optical cable, electronic impulses, or other similar means.
As used in this definition, "information" means knowledge or intelligence
represented by any form of writing, signs, signals, pictures, sounds,
or any other symbols.
COMPREHENSIVE PLAN
The Merriam Woods Comprehensive Plan, adopted by the Planning
and Zoning Commission and Board of Trustees, containing analysis,
recommendations and policies for the development of the Village, including
land use, transportation, community facilities, housing and economy.
CONDITIONAL USE
A use permitted in a particular zoning district only upon
showing that such use is a specific location will comply with all
the conditions and standards for the location or operation of such
use as specified in this Chapter and as authorized by the Board of
Trustees.
CONDOMINIUM
A building, group of buildings or property in which units
are owned individually and the common elements are owned by all the
owners on a proportional, undivided basis.
CONSTRUCTION
The act of adding an addition to an existing structure or
the erection of a new principal or accessory structure on a lot or
property.
CUL-DE-SAC
A short street having one (1) end open to traffic and being
terminated at the other end by a vehicular turn-around.
CURB GRADE
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
grade is the highest.
DAY CARE CENTER
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.
DAY CARE HOME, FAMILY
A child care program where care is given by a person licensed
as a family day care home provider for no more than ten (10) children
not related to the provider for any part of the twenty-four-hour day.
The provider may be licensed to operate no more than one (1) family
day care home or group day care center.
DAY CARE HOME, GROUP
A child care program where care is given by a person licensed
as a group day care home provider for eleven (11), but not more than
twenty (20), children not related to the child care provider, for
any part of the twenty-four-hour day. A group day care home shall
be in a location other than the provider's permanent residence
or separate from the provider's living quarters. The provider
may be licensed to operate no more than one (1) group day care home
or family day care home.
DENSITY
The permitted number of dwelling units per gross acre of
land to be developed.
DEVELOPER
The legal or beneficial owner or owners of a lot or any land
included in a proposed development, or the duly authorized agent thereof.
Also the holder of an option or contract to purchase, a lessee having
a remaining term of not less than forty (40) years, or any other person
having enforceable proprietary interest in such land shall be deemed
to be a developer for the purpose of this Chapter.
DEVELOPMENT
A construction project involving substantial property improvement
and, usually, a change of land use character within the site; the
act of using land for building or extractive purposes.
DISTRICT
A part, zone or area within the Village of Merriam Woods,
within which certain zoning regulations apply and are uniform.
DRIVE-IN ESTABLISHMENT
An establishment which accommodates the patrons' vehicles
and from which the occupants of the vehicles may make purchases, transact
business or view motion pictures or other entertainment.
DWELLING
A building or portion thereof designed exclusively for residential
occupancy, excluding hotels, motels, boarding, rooming and lodging
houses, travel trailers and recreational vehicles.
DWELLING, MULTI-FAMILY
A structure on a single lot containing three (3) or more
dwelling units, each of which is totally separated from the other.
DWELLING, SINGLE-FAMILY SEMI-DETACHED
A dwelling unit attached to one (1) or more dwelling units
by common vertical walls, with each dwelling unit located on a separate
lot. This may include patio-court house or zero lot line house.
DWELLING, TOWNHOUSE
A dwelling unit in a row of at least three (3) such units
in which each unit has its own front door and rear access to the outside,
and each unit is separated from any other unit by at least one (1)
common wall.
DWELLING, TWO-FAMILY (DUPLEX)
A structure on a single lot containing two (2) dwelling units,
each of which share a common wall, and in which each dwelling unit
has living space on the ground floor and a separate ground floor entrance.
EASEMENT
A grant by the property owner for the public or private use
of a tract of land for specific purposes.
ENGINEER
A registered professional engineer in good standing in the
State of Missouri.
FAMILY
One (1) or more persons related by blood, marriage, adoption,
guardianship or duly authorized custodial relationship, or two (2)
unrelated people and any children related to or legally cared for
by either of them, or a group of not more than five (5) unrelated
individuals, living together as a single housekeeping unit. A family
may include, in addition hereto, not more than two (2) boarders, roomers
or domestic servants.
FCC
The Federal Communications Commission and any legally appointed,
designated or elected agent or successor.
FRONTAGE
That part of a lot or premise immediately adjacent to a street
or streets without regard to access to, or elevation of, the street
or streets.
FUNERAL HOME
A building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies before burial or cremation,
but excluding facilities for cremation.
GARAGE, PRIVATE
A detached accessory building or portion of a main building
housing passenger vehicles or trailers for the occupants of the premises.
GARAGE, PUBLIC
A building or portion thereof, other than a private or storage
garage, designed or used for equipping, servicing, repairing, hiring,
selling, storing or parking motor-driven vehicles. The term "repairing"
shall not include an automotive body repair shop nor the rebuilding,
dismantling or storage of wrecked or junked vehicles.
GARAGE, STORAGE
A building or portion thereof designed or used exclusively
for term storage by prearrangement of motor-driven vehicles, as distinguished
from daily storage furnished transients, and at which motor fuels
and oils are not sold, and motor-driven vehicles are not equipped,
repaired, hired or sold.
GRADE
The average level of the finished surface of the ground is
the sidewalk elevation. If there is more than one (1) street an average
sidewalk elevation is to be used. If there is no sidewalk, the finished
grade shall be equal to the street centerline grade.
GROSS FLOOR AREA
The total area of a building measured by taking the outside
dimensions of the building at each floor level intended for occupancy
or storage.
GROUP HOME, CUSTODIAL
A dwelling in which more than ten (10) unrelated physically
and mentally impaired persons reside with house parents or guardians.
GROUP HOME, RESIDENTIAL
A single-family, detached dwelling in which no more than
ten (10) persons reside, comprised of the following: eight (8) or
fewer unrelated mentally or physically handicapped or impaired persons,
no more than two (2) persons acting as house parents or guardians
who need not be related to each other or to any of the mentally or
physically handicapped persons residing in the dwelling, and the children
of the house parents or guardians.
HOME OCCUPATION
An activity carried out for gain by a resident conducted
as an accessory use in the resident's dwelling unit.
HOSPITAL
An institution licensed by the Missouri Department of Health,
providing primary health services and medical or surgical care to
the sick and injured, and including as an integral part of the institution
in-patient or overnight accommodations, and related facilities such
as laboratories and out-patient facilities.
HOTEL
A facility offering transient lodging accommodations on a
daily rate to the general public.
IMPERVIOUS SURFACE
Any part of a lot that is covered by buildings, structures,
parking areas, driveways and any other surfaces which reduce or prevent
absorption of storm water.
LOADING SPACE
An off-street space 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.
LOT
A designated parcel, tract, or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
LOT AREA
The size of a lot measured within the lot lines and expressed
in terms of acres or square feet.
LOT DEPTH
The horizontal distance between the front and rear lot lines
measured along the median between the two (2) side lot lines.
LOT LINE, FRONT
The lot line separating a lot from the street. On a corner
lot, the shortest lot line abutting the street is the front lot line;
on a through lot, both lot lines abutting the streets are front lot
lines; on an irregular shaped lot, the front lot line is the lot line
most parallel to the abutting street.
LOT LINE, REAR
Any lot line not a front or side lot line. The rear lot line
for a triangular shaped lot shall be a line ten (10) feet long drawn
between the lot's side lot lines and parallel to the front lot
line.
LOT LINE, SIDE
The lot lines that intersect with a lot's front lot
line.
LOT OF RECORD
A lot, which is a part of a recorded subdivision or parcel
of land on a plat or deed, which has been recorded by the Taney County
Recorder of Deeds.
LOT WIDTH
The mean horizontal distance between the side lot line of
a lot measured at right angles to the depth; or the same distance
measured at a point midway between the front lot line and the rear
lot line; or at the rear lot line of the required front yard (building
line, especially on irregularly shaped lots).
LOT, CORNER
A lot abutting on two (2) or more streets at their intersection.
LOT, DOUBLE FRONTAGE
A lot having frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
LOT, FRONT OF
The front of a lot shall be considered to be that side of
the lot that fronts a street. In the case of a corner lot, the narrowest
side fronting the street shall be considered to be the front of the
lot.
MANUFACTURED HOME
A transportable, factory-built dwelling, composed of one
(1) or more components, manufactured under the authority of 42 USC
Section 5401, Federal Manufactured Housing Construction and Safety
Standards Act, which bears the seal of the State of Missouri Public
Service Commission, US Department of Housing and Urban Development,
or its agent, and which, in traveling mode, is twelve (12) body feet
or more in width and forty (40) body feet or more in length, and when
erected on site, contains nine hundred (900) or more square feet of
living area, equipped with the necessary service connections and made
so as to be readily movable as a unit on its own running gear and
designed to be used as a dwelling unit with or without a permanent
foundation.
MANUFACTURED HOME PARK
An area with required improvements and utilities for the
long term placement of manufactured homes for dwelling purposes. The
site may also include services and facilities for residents of the
development.
MOBILE HOME
A transportable, factory-built home, designed to be used
as a year around residential dwelling and built prior to June 16,
1976, the effective date of the Federal Manufactured Housing Construction
and Safety Standards Act of 1974. The placement of mobile homes as
defined herein within the corporate boundaries of the Village of Merriam
Woods is prohibited.
MODULAR HOME
A dwelling unit built to a nationally recognized and accepted
standard published by the International Code Council (ICC), or its
successor, consisting of components substantially built and assembled
in a manufacturing plant and transported to the building site for
final assembly on a permanent foundation. The dwelling unit shall
be inspected and certified at the factory that it meets said building
construction standard. A modular home shall not have its own running
gear and on-site service connections and foundation shall be in accordance
with the requirements of the Village of Merriam Woods' building
regulations.
MOTEL
An establishment in which transient accommodations are provided
on a daily rate to the general public.
NON-CONFORMING LOT
A lot existing at the effective date of this Chapter (and
not created for the purpose of evading the restrictions of this Chapter)
that does not meet the minimum area requirement of the zoning district
in which it is located.
NON-CONFORMING USE
The use of land or a building, or portion thereof, existing
at the effective date of this Chapter, where such use does not conform
with the use regulations of the zoning district in which it is located.
OWNER OF RECORD
The person, corporation, or other legal entity listed as
owner of a lot on records of the Taney County Recorder of Deeds.
PARKING SPACE
A space within a building or a private or public parking
area for the parking of one (1) vehicle.
PLANNED DEVELOPMENT
A tract of land under single ownership, planned and developed
as an integral unit, and consisting of clustered residential development,
a residential development of varying housing types and densities,
or a combination of residential and non-residential uses of land within
a Planned Development (PD) District.
PRINCIPAL STRUCTURE
A structure, or group of structures, in which the principal
use of the lot on which it is located is conducted.
PUBLIC
Maintained for or used by the people of the Village of Merriam
Woods on a non-commercial basis.
PUBLIC IMPROVEMENT
The installation, construction, addition or betterment or
any new physical development dedicated to the public or intended for
public use, such as streets and sidewalks, utilities, drainage facilities,
etc.
RETIREMENT HOME
A residential facility designed to meet the needs of senior
citizens and which may include convalescent care facilities.
SETBACK
The required minimum horizontal distance between the nearest
front, side, or rear line of every structure and the front line of
the lot.
SIGN
Any words, numbers, figures, devices, designs, or trademarked
by which anything is made known, such as are used to designate an
individual, a form, profession, business, or a commodity and which
are visible from any public street.
SPECIFIC SEXUAL ACTIVITIES
Human genitals in a state of sexual stimulation or arousal
or acts of human masturbation, sexual intercourse, sodomy, or fondling
or other erotic touching of human genitals, pubic region, buttock,
or female breast.
SPECIFIED ANATOMICAL AREAS
Less than completely and opaquely covered:
1.
Human genitals, public region, buttock, and female breast below
a point immediately above the top of the areola; and
2.
Human male genitals in a discernibly turgid state, even in completely
and opaquely covered.
STEALTH
Any tower or telecommunications facility, which is designed
to blend into the surrounding environment.
STORAGE, PERSONAL
A building or buildings, commonly referred to as mini-storage,
comprised of individual, self-contained units available on a rental
basis for storage of business and household goods.
STORY
That portion of a building other than a basement, included
between the surface of any floor and the surface of the floor next
above it, or if there is no floor above it, then the space between
such floor and the ceiling next above it.
STORY, HALF
A space under a sloping roof which has the line of intersection
of roof decking and wall face not more that three (3) feet above the
top floor level, and in which space not more than two-thirds (2/3)
of the floor area is finished off for use. A half story containing
independent apartments or living quarters shall be counted as a full
story.
STREET
A public or private way, used or intended to be used for
passage or travel by motor vehicles.
STREET LINE
A dividing line between a lot, parcel or tract and a contiguous
street.
STREET WIDTH
The horizontal distance between the outside edges of a street's
pavement, including any curbing and guttering, measured at right angles
to the street's centerline.
STREET, ARTERIAL
A street intended to provide for high-volume, moderate-speed
traffic movement through the community and between major activity
centers. Access to abutting property is subordinate to the flow of
traffic and entrances and exits to the arterial are subject to control.
STREET, COLLECTOR
A street that collects and distributes traffic to and from
local streets and arterial streets, and is intended to provide for
low to moderate-volume and low-speed shorter length trips. The functions
of traffic movement and property access are balanced.
STREET, LOCAL
A street intended to provide access to abutting property
and designed for low-volume, low-speed traffic.
STRUCTURE
Anything constructed or erected, the use of which requires
permanent or temporary location on or in the ground.
SUBSTANCE ABUSE TREATMENT FACILITY
A residential or outpatient facility for the treatment of
alcohol and other substance abuse, pursuant to Section 89.143 of the
Revised Statutes of Missouri.
SURVEYOR
A registered land surveyor in the State of Missouri.
TELECOMMUNICATIONS TOWERS AND WIRELESS FACILITIES
Facilities used for the transmission of radio signals that
are regulated by the Federal Communication Commission (FCC) and/or
the Federal Aviation Administration (FAA). These facilities are further
defined by type:
Types
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I
|
Wireless facilities and antennas mounted on buildings or other
structures, including existing towers, public buildings or structures,
school buildings and structures and churches
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II
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Cell towers of a stealth design that are not greater than sixty
(60) feet in height, located on the same premise or parcel as public
buildings and structures, school buildings and facilities, church
buildings and non-commercial, not-for-profit residential neighborhood
facilities and approved by ordinance
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III
|
Cell towers of a monopole or stealth design that are less than
one hundred (100) feet in height
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IV
|
Cell towers of a monopole or stealth design that are more than
one hundred (100) feet in height
|
V
|
Cell towers not of a monopole or stealth design, one hundred
(100) feet or taller and not able to collocated additional facilities
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TRACT
A lot. The term tract is used interchangeably with the term
lot, particularly in the context of subdivisions, where one (1) "tract"
is subdivided into several "lots."
USE
The activity or function that actually takes place or is
intended to take place on a lot.
VARIANCE
A grant of permission that permits the recipient to not comply
with a specific provision of this Chapter, granted because of the
practical difficulties or unnecessary hardship that would be imposed
by the strict application of that provision of the Chapter.
WORKING DAYS
The days of the week, excluding Saturdays, Sundays and recognized
holidays, during which normal business is conducted by the Village
of Merriam Woods.
YARD
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided herein. In measuring
a yard for the purpose of determining the wide side of a yard or the
depth of a front yard or a rear yard, the minimum horizontal distance
between the lot line and the main building shall be used.
YARD, FRONT
A yard extending across the front of a lot and being the
minimum horizontal distance between the street or place line and the
main building or any projections thereof. On corner lots the front
yard shall be considered as parallel to the street upon which the
lot has its least dimension.
YARD, REAR
A yard extending across the rear of a lot and being the required
minimum horizontal distance between the rear lot line and the rear
of the main building or any projections thereof other than the projection
of uncovered steps, unenclosed balconies or unenclosed porches. On
all lots the rear yard shall be in the rear of the front yard.
YARD, SIDE
A yard between the main building and the side line of the
lot, and extending from the required front yard to the required rear
yard, and being the minimum horizontal distance between a side lot
line and the side of the main buildings or any projections thereof.
ZOO, PRIVATE
Any lot, building, structure, enclosure, or premises whereupon
or wherein are kept by any person, corporation or political subdivision,
two (2) or more wild or non-domestic animals, whether such keeping
is for pleasure, profit, breeding or exhibiting, and including places
where two (2) or more wild animals or non-domestic animals are boarded,
kept for sale or kept for hire.