Aurora City Zoning Code
ARTICLE I
General Provisions
Section 400.010 Short Title.
[R.O. 1993 § 400.010; Ord. No. 85-1897, App. B § I, 11-11-1985]
This Chapter shall be known and may be cited as the "Zoning Code of the City of Aurora, Missouri."
Section 400.020 Interpretation And Purpose.
[R.O. 1993 § 400.020; Ord. No. 85-1897, App. B § I, 11-11-1985]
In their interpretation and application, the provisions of this Chapter shall be held to be the minimum requirements adopted for the promotion of the public health, morals, safety, and welfare. To protect the public, among its other purposes, the provisions of this Chapter are intended to provide for: adequate light, pure air, safety from fire and other danger, undue concentration of population, ample parking facilities, protection of property and property values, proper use of land, adequate and economical public improvements and services, less congestion on the public streets, and to regulate the location of trades, industries, buildings, and structures in keeping with a plan of control and development heretofore adopted by the City of Aurora.
Section 400.030 Scope.
[R.O. 1993 § 400.030]
It is not intended by this Chapter to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this Chapter, or with private agreement, or with restrictive covenants running with the land to which the City is a party. Wherever the regulations made under authority of Sections 89.010 to 89.140, RSMo., require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in any other statute or local ordinance or regulation, the provisions of the regulations made under authority of Sections 89.010 to 89.140, RSMo., shall govern. Wherever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards, courts, or other open spaces, or require a lower height of building or a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the regulations made under authority of Sections 89.010 to 89.140, RSMo., the provisions of such statute or local ordinance or regulation shall govern.
Section 400.040 Establishment Of Districts.
[R.O. 1993 § 400.040; Ord. No. 85-1897, App. B § I, 11-11-1985; Ord. No. 96-2251 § 1, 10-22-1996; Ord. No. 99-2366 § 1, 1-26-1999]
A.
For purposes of this Chapter, the City of Aurora is hereby divided into districts according to the use to which property in a district may be subjected with accompanying restrictions placed on the property in each district in accordance with the planned development of that district. The boundaries of these districts are hereby established as shown on a map entitled, "The Zoning Map of the City of Aurora," which is hereby ordered to be kept on file at the City Hall of Aurora, and which, with all explanatory matter thereon, shall be deemed to accompany, be, and is hereby made a part of this Chapter. The following districts within the incorporated limits of the City of Aurora are hereby established:
1.
Agricultural.
"A-1" Agricultural District |
2.
Residential.
"R-1" Single-Family District |
"R-2" Two-Family District |
"R-3" Multiple-Family District |
"MHP" Mobile Home Park District |
"PRD" Planned Residential Development |
3.
Commercial.
"C-O" Non-Retail District |
"C-1" Retail/Services District |
"C-2" General Business District |
"C-3" Commercial District |
"CP" Planned Shopping Center District |
4.
Industrial.
"M-1" Light Industrial District |
"M-2" General Industrial District |
"AE" Adult Entertainment District |
B.
The Zoning Map of the City of Aurora along with a copy of this Chapter containing and reflecting all changes and/or amendments shall be available for inspection and examination by members of the public at all times reasonable under the circumstances prevailing at the time a request to examine is made.
Section 400.050 Interpretation Of District Boundaries.
[R.O. 1993 § 400.050; Ord. No. 85-1897, App. B § I, 11-11-1985]
A.
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map of the City of Aurora, the following rules shall apply:
1.
Boundaries Approximately Following Streets, Alleys, Or Highways. Where district boundaries are so indicated as approximately following the center line or street line of streets, the center line or alley line of alleys or the center line or right-of-way line of highways, such lines shall be construed to be such district boundaries.
2.
Boundaries Paralleling Street Lines, Alley Lines, Or Highway Right-Of-Way Lines. Where district boundaries are so indicated that they are approximately parallel to the center line or street lines of streets, the center lines or alley lines of alleys, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale shown on said Zoning Map.
3.
Boundaries Approximately Following Lot Lines. Where district boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries.
4.
Boundaries Following A Railroad Line. Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located midway between the main tracks of said railroad line.
5.
Boundaries Following A Body Of Water. Where the boundary of a district follows a stream, lake, or other body of water, said boundary line shall be construed to be at the limit of the jurisdiction of the City of Aurora, unless otherwise indicated.
6.
Submerged Areas Not Included In District. All areas within the corporate limits of the City of Aurora which are under water and are not shown as included within any district shall be subject to all of the regulations of the district which immediately adjoins the water area. If the water area adjoins two (2) or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line until they meet the other district.
Section 400.060 Application Of Regulations To Schools, Parks, And Comparable Public Areas.
[R.O. 1993 § 400.060; Ord. No. 85-1897, App. B § I, 11-11-1985]
Any areas shown on the Zoning Map as a park, playground, school, cemetery, waters, street, or right-of-way, shall be subject to the zoning regulations of the district in which they are located. In case of doubt, the zoning regulations of the most restricted adjoining district shall govern.
Section 400.070 Property Not Previously Included In A District (e.g., Annexation).
[R.O. 1993 § 400.070; Ord. No. 85-1897, App. B § I, 11-11-1985; Ord. No. 91-2022 § 1, 1-14-1992; Ord. No. 2004-2622 § I, 11-9-2004]
In every case where property has not been specifically included within a district, or where territory has become a part of the City by annexation, the property or territory must be zoned pursuant to the notice and public hearing requirements included in the Zoning Enabling Act (Chapter 89, RSMo.). Property zoned to a particular designation by Lawrence County (when said County adopts County Planning and Zoning) retains that County zoning designation until it is rezoned by the City in accordance with the Zoning Enabling Act.
Section 400.080 Vacation Of Public Ways.
[R.O. 1993 § 400.080; Ord. No. 85-1897, App. B § I, 11-11-1985]
Whenever any street, alley, or other public or easement way is vacated in the manner authorized by law, the zoning district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all regulations of the extended districts.
Section 400.090 Application Of Regulations.
[R.O. 1993 § 400.090; Ord. No. 85-1897, App. B § I, 11-11-1985]
A.
Except as provided in this Chapter:
1.
Conformity Of Buildings And Land. No building, structure, or premises shall be used or occupied and no building or part thereof or other structure shall be erected, raised, moved, placed, reconstructed, extended, enlarged, or altered except in conformity with the regulations herein specified for the district, as shown on the Official Map, in which it is located.
2.
Conformity Of Open Spaces. No yard, court, or open space, or part thereof, shall be included as a part of the yard, court, or open space similarly required for any other building, structure, or dwelling under this Chapter.
3.
Sewage Regulation. The erection, construction, or use of any building as an outdoor toilet is forbidden, and every principal building hereafter erected, constructed, moved, or altered in any district shall contain an inside bathroom, including a toilet which shall be connected to either the public sewer system of the City of Aurora or a private septic tank constructed according to the standards of the Department of Natural Resources of the State of Missouri. If a private septic tank shall be used, it shall have a minimum capacity of five hundred (500) gallons and shall have attached not less than three hundred (300) square feet of lateral drainage. No structure which will use a private septic tank shall be constructed on a lot smaller than fifteen thousand (15,000) square feet. These regulations shall apply to all districts described herein.
Section 400.100 Non-Conforming Uses.
[R.O. 1993 § 400.100; Ord. No. 85-1897, App. B § I, 11-11-1985]
A.
The lawful use of any building, structure, or land existing at the time of the enactment of this Chapter, November 11, 1985, may be continued, although such use does not conform with the provisions of this Chapter; provided the following conditions are met:
1.
Unsafe Structures. Nothing in this Chapter shall prevent the strengthening or restoring to a safe condition of any portion of a building or structure declared unsafe by a proper authority.
2.
Alterations. A non-conforming building or structure may be altered, improved, or reconstructed; provided such work is not to an extent exceeding in aggregate cost twenty-five percent (25%) of the appraised value of the building or structure, unless the building or structure is changed to a conforming use. (See also Restoration, below.)
3.
Extension. A non-conforming use shall not be extended, but the extension of a lawful use to any portion of a non-conforming building or structure which existed prior to the enactment of this Chapter shall not be deemed the extension of such non-conforming use.
4.
Changes. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification upon review and approval by the Planning and Zoning Commission.
5.
Construction Approved Prior To Zoning Code. Nothing herein contained shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued and the construction of which shall have been diligently prosecuted within twelve (12) months of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within eighteen (18) months of the date of such permit, and which entire building shall be completed according to such plans as filed within twenty-four (24) months from November 11, 1985.
6.
Restoration. Nothing in this Chapter shall prevent the reconstruction, repairing, rebuilding, and continued use of any non-conforming building or structure damaged by fire, collapse, explosion, or acts of God, subsequent to November 11, 1985, wherein the expense of such work does not exceed fifty percent (50%) of the appraised value of the building or structure at the time such damage occurred. (See also Alterations, above.)
7.
Wear And Tear. Nothing in this Chapter shall prevent the reconstruction, repairing, or rebuilding of a non-conforming building, structure, or part thereof existing on or before November 11, 1985, rendered necessary by wear and tear, deterioration or depreciation; provided the cost of such work shall not exceed twenty-five percent (25%) of the appraised value of such building or structure at the time such work is done, nor prevent compliance with the provisions of the Aurora Building Code and/or Housing Code relative to the maintenance of buildings or structures.
8.
Abandonment. A non-conforming use of a building or premises which has been abandoned shall not thereafter be returned to such non-conforming use. A non-conforming use shall be considered abandoned:
a.
When the intent of the owner to discontinue the use is apparent; or
b.
When the characteristic equipment and the furnishings of the non-conforming use have been removed from the premises and have not been replaced by similar equipment within three (3) months, unless other facts show intention to resume the non-conforming use; or
c.
When it has been replaced by a conforming use; or
d.
When it has been changed to another use under permit from the Planning and Zoning Commission.
9.
Displacement. No non-conforming use shall be extended to displace a conforming use.
10.
Cessation Of Junkyard And Wrecking Or Salvage Yard. No junkyard or automobile wrecking yard not within an enclosed masonry building and not within an appropriate industrial district shall be operated or maintained for more than six (6) months after a zoning change to a use district within which such yard is not permitted; except that in a light industrial district, where the Planning and Zoning Commission determines that it is impractical to roof over a large area containing junk material or an automobile wrecking salvage yard, the Commission may permit the construction around such area of a six-foot-high masonry wall or substantial, slightly, tight, or semitight fence, whichever, in its opinion, is the more appropriate in the surroundings of the property, and may then permit, for a specified time, the continued use of such property for such purposes.
11.
Unlawful Use Not Authorized. Nothing in this Chapter shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect on November 11, 1985.
12.
Certificate Of Non-Conforming Use. Upon request following November 11, 1985, the Planning and Zoning Commission shall issue a certificate of non-conforming use, unless said use shall be in conformity with the provisions of the use zone in which property is located.
a.
In accordance with the provisions of this Section, no use of land, buildings, or structures shall be made other than that specified on the certificate of non-conforming use, unless said use shall be in conformity with the provisions of the use zone in which the property is located.
b.
A copy of each certificate of non-conforming use shall be filed with the office of the City Clerk. No permit or license shall be issued to any property for which a certificate of non-conforming use has been issued until said permit or license has been approved by the Planning and Zoning Commission.
13.
District Changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one (1) district to another district of a different classification, the foregoing provisions shall also apply to any non-conforming uses existing therein.
B.
Note. It is the intent of Subsection (A)(8) of this Section when applied to mobile homes, that: "Following the effective date of this Chapter, November 11, 1985, all mobile homes, heretofore situated in locations not in conformity with standards required under this Chapter shall be allowed to remain in their location only so long as the existence of said mobile home, in proper condition, in the former location has not been altered. At such time as any mobile home is moved from a location previously allowed as a non-conforming use, the use expires and another mobile home cannot then be moved in to replace the one (1) previously located in the area in question."
Section 400.110 Definitions.
[R.O. 1993 § 400.110; Ord. No. 85-1897, App. B § II, 11-11-1985; Ord. No. 2000-2424 § 1, 2-22-2000; Ord. No. 2014-3001 § 1, 5-28-2014]
For the purposes of this Chapter, the following terms and words and their derivations are hereby defined as set out below. The words "used for" include "designed for" and vice versa; words used in the present tense include the future; words in the singular number include the plural number, and vice versa; the word "building" includes the word "structure"; the word "dwelling" includes the word "residence"; the word "lot" includes the word "plot" and the word "shall" is mandatory and not merely directory.
A building customarily incidental and subordinate to the main building and located on the same lot with the main building.
A use incidental to the principal use of a building. In buildings restricted for residential use, an office or part thereof used for family occupations and workshops not conducted for compensation shall be deemed accessory uses.
The growing of crops in the open and raising of such stock and poultry as are incidental to the acreage farmed; provided, however, that such land shall consist of at least ten (10) acres in one (1) parcel or in contiguous parcels under common ownership or operation. The feeding or disposal of community or collected garbage shall not be deemed an agricultural use, nor shall the raising of fur-bearing animals, riding academies, livery or boarding stables, commercial feed lots, or dog kennels be so considered.
Any public space or thoroughfare forty (40) feet or less in width, but not less than twenty (20) feet in width, which has been dedicated or deeded to the public for public travel and which affords secondary access to abutting property.
Any addition, removal, extension, or change in the location of any exterior wall of any structure.
A building arranged, intended or designed to be occupied by three (3) or more families or housekeeping units living independently of each other.
The total area taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, and steps.
To determine the ratio of floor space of a building to the area of the lot, the floor space shall be the sum of the horizontal areas of the several floors of the building excluding areas used for garage purposes, basement, and cellar area. All horizontal dimensions shall be taken from the exterior faces of walls, including walls or other enclosures of enclosed porches.
The total area within the property lines excluding external streets and utility easements.
A story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story where more than one-half (1/2) of its height is above the average level of the adjoining ground.
Any sign or advertisement used as an outdoor display for the purpose of making anything known, the origin or point of sale of which may be remote from said display.
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridges for gable, hip and gambrel roofs.
The line which is the minimum distance a building may be placed to the property line (see "Building, Front Line of").
The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps.
A building in which is conducted the main or principal use of the lot on which said building is situated.
Any place, home, or institution which receives three (3) or more children under the age of sixteen (16) 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 blood or marriage within the third degree of the custodial person, or to churches or other religious or public institutions caring for children within the institutional building while their parents or legal guardians are attending services or meetings or classes or engaged in church activities.
A long-range master plan for area development, including studies of land use, traffic volume and flow, schools, parks, and other public buildings.
An unoccupied open space, other than a yard, on the same lot with a building which is bounded on two (2) or more sides by the walls of such building.
That percentage of the plot or lot area covered by the building area.
The keeping of more than four (4) dogs that are more than six (6) months old, and further subject to the limitations set forth in Section 210.160 of this Code.
A lot or land, or part thereof, used primarily for the disposal by abandonment, dumping, burial, burning, or any other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles, or parts thereof, or waste material of any kind.
A building or portion thereof designed exclusively for residential occupancy, including single-family or multiple-family, but not including motels, hotels, boarding and rooming houses.
A building or portion of a building designed for or occupied by more than two (2) families living independently of each other.
A building having accommodations for and occupied exclusively by one (1) family. The classifications “single-family dwelling” and “single-family residence” shall include any group home as defined in this Section.
A building designed exclusively for occupancy by two (2) families living independently of each other, including a duplex [one (1) dwelling unit above the other or one (1) dwelling unit beside the other].
The classification of single-family dwelling or single-family residence shall include 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. Nothing in this Subsection shall be construed to relieve the Division of Family Services, the Department of Mental Health or any other person, firm or corporation occupying or utilizing any single-family dwelling or single-family residence for the purposes specified in this subsection from compliance with any ordinance or regulation relating to occupancy permits except as to number and relationship of occupants or from compliance with any building or safety code applicable to actual use of such single-family dwelling or single-family residence.
All the property fronting on one (1) side of a street between the two (2) nearest intersecting streets, or other natural barriers.
An enclosed space for the storage of one (1) or more vehicles; provided that no business, occupation, or service is conducted for profit therein, nor space therein for more than one (1) car is leased to a non-resident of the premises.
Any garage not a private garage, and which is used for storage, repair, rental, servicing, or supplying of gasoline or oil to motor vehicles.
Any area of land, including any structure or structures thereon that is or are used or designed to be used for the storage or sale of gasoline or oil or other fuel (not including liquid petroleum gases) primarily for the propulsion of vehicles.
Any residential home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside; further, and pursuant to Section 89.020, RSMo., such home may include two (2) additional 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 home.
GROUP HOME, GENERALA residential home providing twenty-four-hour care in a protected environment for more than eight (8) persons with physical or mental disabilities and any number of caregivers.
GROUP HOME, LIMITEDA residential home providing twenty-four-hour care in a protected environmental for eight (8) or fewer unrelated persons with mental or physical disabilities; further, and pursuant to Section 89.020, RSMo., such home may include two (2) additional 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 home.
The use of a site for occupancy by groups of more than five (5) persons, not defined as a family, on a weekly or longer basis. Typical uses include fraternity or sorority house, dormitories, residence halls, and boarding or lodging houses. The term "group residential" does not include group homes.
Any occupation or profession carried on by the inhabitants which is clearly incidental and secondary to the use of the dwelling, which does not change the character thereof, and which is conducted entirely within the main building; provided that no trading in merchandise is carried on and in connection with which there is no display of merchandise or sign other than one (1) non-illuminated nameplate not more than two (2) square feet in area attached to the main building, and no mechanical equipment is used or activity is conducted which creates any noise, dust, odor, or electrical disturbance beyond the confines of the lot on which said occupation is conducted. Customary home occupations providing personal services shall be construed to be a physician, dentist, surgeon, dressmaker, musician, artist, beautician, barber, or similar activity which does not involve sales at wholesale or retail and that no assistant, other than that of a receptionist or secretary, other than a member of the family household, is employed.
A building used for the diagnosis, treatment, or other care of human ailments, unless otherwise specified.
Any building or portion thereof which contains guest rooms, which are designed or intended to be used, rented, or hired out for occupancy by, or which are occupied by ten (10) or more individuals for compensation, whether it be paid directly or indirectly.
A lot, land, or structure, or part thereof, used primarily for the collecting, storage, and sale of wastepaper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof.
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.
Land occupied or to be occupied by a building or unit group of buildings and accessory buildings, together with such yards and lot area as are required by this resolution, and having its principal frontage upon a street or a place approved by the Commission.
The horizontal distance between the front and rear lot lines measured along the median between the two (2) side lot lines.
The horizontal distance between the two (2) side lot lines, measured along the median between the front and rear lot lines.
A lot or portion thereof not greater than one hundred (100) feet in width and situated at the intersection of two (2) or more streets, having an angle of intersection of not more than one hundred thirty-five degrees (135°).
A movable living unit designed for year-round occupancy, sometimes termed a trailer home or trailer house; all portable contrivances used or intended to be used generally for living and sleeping quarters and which are capable of being moved by their own power, towed, or transported by another vehicle.
Any area, tract, or site or plot of land whereupon a minimum of ten (10) "mobile homes" as herein defined are placed, located or maintained or intended to be placed, located, or maintained for dwelling purposes only and upon a permanent or semipermanent basis.
A plot of ground within a mobile home community or park which is designed for parking a single mobile home.
A group of buildings including either separate units or a row of units or rooms which:
A building or portion of a building arranged, intended or designed to be used for making repairs to motor vehicles.
A building, structure or use of land existing at the time of enactment of this Chapter, November 11, 1985, and which does not conform to the regulations of the district or zone in which it is situated.
Space within or on a building or private or public parking area for the parking of one (1) automobile. Truck loading and unloading space shall not be included in such area.
A map, plan, or layout of a city, township, section, or subdivision, indicating the location and boundaries of individual properties, easements, utilities, streets and other required appurtenances.
Any building not in excess of twelve (12) feet in width and twenty (20) feet in length, with a solid wood or metal floor on skids with no electrical or plumbing hookups.
A facility designed or intended for the care of invalids or convalescents, or a resort where people go to rest and regain health.
Any words, numerals, figures, devices, designs, or trademarks by which anything is made known, used to designate an individual, a firm, profession, business, or a commodity and which is visible from any public street or from the air.
That portion of a building included between the surface of any floor and the surface of the next floor above it or, if there be no floor above it, then the space between such floor and ceiling next above it.
Any public or private right-of-way which affords the primary means of access to abutting property and has been dedicated or deeded to the public for public use.
All paved and unpaved rights-of-way and utility easements.
The legal line between a street right-of-way and abutting property.
Anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground, not including fences or walls used as fences under six (6) feet in height.
A State-licensed group-care home for juvenile delinquents, halfway houses providing residence, rehabilitation and counseling to persons on release from a more-restrictive custodial confinement, and residential rehabilitation treatment centers which also may provide outpatient rehabilitation for alcohol and other drug abuse.
A portable vehicular unit designed and intended to be used for temporary short-term occupancy and for frequent and extensive travel use, including but not limited to travel trailers, campers, motor homes, converted buses and other similar units, whether they are self-propelled, pulled or can be hauled.
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 other than a court on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line, and is unoccupied and unobstructed from the ground upward.
A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line to the building line.
A yard extending across the full width of the lot between the nearest rear main building and the rear lot lines. The depth of the required rear yard shall be measured horizontally from the nearest part of a main building toward the nearest point of the rear lot line.
A yard between a main building and side lot line, extending from the front yard or front lot lines, where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the main building.