Definitions. For the purpose of this Zoning Code, certain terms or words used herein shall be interpreted or defined as follows, unless the context clearly indicates otherwise:
ACCESSORY USE OR BUILDINGA subordinate building or use which customarily is incidental to that of the main building or use of the premises. Customary accessory uses include, but are not limited to, tennis courts, swimming pools, garages, air conditioners, garden houses, children's play houses, barbecue ovens and fireplaces.
ALLEYA dedicated public right-of-way, other than a street, which provides only a secondary means of access to abutting property, the right-of-way of which is twenty (20) feet or less in width.
ALTERATIONAs applied to a building or structure, is a change or rearrangement of the structural parts of an existing building or structure. Enlargement, whether by extending a side, increasing the height, or the moving from one location or position to another, shall be considered an alteration.
ANIMAL HOSPITAL OR CLINICAn establishment where animals are admitted principally for examination, treatment, board or care by a doctor of veterinary medicine. (This does not include open kennels or runs.)
BASEMENTThat portion of a building having more than one-half (1/2) of its height below grade.
BED-AND-BREAKFASTA family home, occupied as a permanent residence by the proprietor, in which lodging and meals are provided for time-limited durations to not more than four (4) groups of patrons in a twenty-four-hour period.
BOARD OF ADJUSTMENTThat Board which has been created by the Board of Aldermen having jurisdiction and which has the statutory authority to hear and determine appeals and variances to the Zoning Regulations.
BOARDING OR LODGING HOUSEA building other than a hotel where, for compensation and by prearrangement for definite periods, meals, or lodging and meals, are provided for three (3) or more persons, but not exceeding twenty (20) persons. Individual cooking facilities are not provided.
BUILDINGAny structure designed or intended for the enclosure, shelter or protection of persons, animals or property.
BUILDING HEIGHTThe vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of ceiling of the top story in the case of a flat roof; of the deck line of a mansard roof; and to the average height between the plate and ridge of a gable, hip or gambrel roof.
CLINICSee "medical, dental or health clinic."
COMMON OPEN SPACEAn area of land or water or combination thereof planned for passive or active recreation, but does not include areas utilized for streets, alleys, driveways or private roads, off-street parking or loading areas. However, the area of recreational activities, such as swimming pools, tennis courts, shuffleboard courts, etc., may be included as common open space.
DAY CARECare of a child away from his/her own home for any part of the twenty-four-hour day, for compensation or otherwise. Day care may be given in a day-care home or a day-care center.
DAY CARE CENTERA facility other than the provider's permanent residence, or separate from the provider's living quarters, where care is provided for children for any part of the twenty-four-hour day, as defined in regulations issued by the State of Missouri.
DAY-CARE HOMEA family home, occupied as a permanent residence by the day-care provider, in which care is given to no more than ten (10) children, not related to the day-care provider, for any part of the twenty-four-hour day, as defined in regulations issued by the State of Missouri.
DISTRICTA section or sections of the zoning area for which this Chapter governing the use of land, the height of buildings, the size of yards, and the intensity of use are uniform.
DOGAny canine species over six (6) months of age.
DWELLINGAny building or portion thereof, except mobile homes for purposes of use regulations, which is designed and used exclusively for residential purposes.
DWELLING, MULTIPLEA building having accommodations for and occupied by more than two (2) families, independently.
DWELLING, TWO-FAMILYA building having accommodations for and occupied by two (2) families, independently.
EXISTING USEA use in existence at the time of the adoption of this Chapter.
FAMILYOne (1) or more persons related by blood, marriage or adoption, living together as a single housekeeping unit; or a group of not more than four (4) unrelated persons living together as a single housekeeping unit; plus in either case, usual domestic servants. A family shall under no circumstances be construed as a boarding house, fraternity, or sorority house, club, lodging house, hotel or motel.
FLOOR AREAa. For Computing Off-Street Parking Requirements. The gross floor area of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two (2) buildings and shall include the following area:
(2) The area of each floor of the structure; and
(3) Attic space having head room of seven (7) feet to ten (10) feet or more.
b. Floor Area For Determining Floor Area Ratio. As used herein, shall be computed as the sum of the following areas:
(1) The gross horizontal areas of the several buildings measured from the exterior faces of exterior walls or from the center line of a wall separating two (2) buildings, which shall include floor area utilized for stairwells or elevator shafts and floor space used for mechanical equipment (except equipment open or enclosed, located on the roof);
(3) Attic space having head room of seven (7) feet to ten (10) feet or more;
(4) Interior balconies and mezzanines;
(6) Floor area devoted to accessory uses; and
FLOOR AREA RATIOThe maximum percentage of allowable floor area of a building or complex (including both principal and accessory buildings) computed by dividing the floor area of said complex or buildings by the area of the building site.
FRONTAGEThe length of the property abutting on one (1) side of a street measured along the dividing line between the property and the street.
GARAGE, PRIVATEAn accessory building designed or used for the storage of not more than four (4) motor-driven vehicles owned and used by the occupants of the building to which it is accessory.
GARAGE, PUBLICA building or portion thereof, other than a private garage, designed or used for equipping, repairing, hiring, servicing, selling, or storing motor-driven vehicles.
GROUP-CARE HOMEA residence or building in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons as house parents or guardians. Provided, however, that any home meeting this definition (group-care home), shall generally conform to the appearance within the neighborhood constructed and, in order to maintain reasonable densities, no group-care home shall be permitted within eight hundred (800) feet of another group-care home.
GRADEa. For buildings having walls facing one (1) street only, the elevation of the sidewalk at the center of the wall facing the street shall be the grade.
b. For buildings having walls facing more than one (1) street, the grade shall be the average of the grades [as defined in Subsection (1) above] of all walls facing each street.
c. For buildings having no wall facing a street, the average level of the finished surface of the ground adjacent to the exterior walls of the building shall be the grade.
| Any wall approximately parallel to and not more than five (5) feet from a street line is considered as facing the street. |
HOTELA building or portion thereof, or a group of buildings, used as a transient abiding place, which may or may not serve meals, and whether such establishments are designated as a hotel, inn, automobile court, motel, motor inn, motor lodge, motor court, tourist cabin, tourist court, or other similar designation.
INSTITUTIONA building occupied by a non-profit corporation or a non-profit establishment for public use.
KENNEL, BOARDINGAny place, area, building, or structure where dogs [including those under one (1) year in age] are boarded, housed, cared for, fed, or trained by other than the owner.
KENNEL, BREEDINGAny place, area, building, or structure where more than three (3) dogs are kept for purposes of breeding, raising, or as pets.
LOTA parcel of land occupied or intended for occupancy by one (1) main building or a complex of buildings, together with the accessory structures and including the open spaces and parking required by this regulation, which may include more than one (1) lot of record or metes-and-bounds-described tract having its principal frontage upon a public street or officially approved place.
LOT, CORNERA lot abutting upon two (2) or more streets at their intersection.
LOT, DEPTH OFThe mean horizontal distance between the front and the rear lot lines.
LOT, DOUBLE FRONTAGEA lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
LOT, FRONTThe front of a lot shall be that narrowest dimension abutting a street right-of-way. On corner lots which have two (2) equal sides which abut on a street right-of-way, either side may be considered the front of the lot.
LOT, REARThe rear of a lot shall be that side opposite the front of the lot.
LOT OF RECORDA lot which is a part of a subdivision, the plat of which has been recorded in the office of the Recorder of Deeds or a lot described by metes and bounds, the description of which has been recorded in the office of the Recorder of Deeds prior to December 9, 1991.
MANUFACTURED HOMEA structure, transportable in one (1) or more sections, 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, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. Manufactured homes are additionally identified as those structures fabricated on or after June 15, 1976, bearing a seal certifying that it is built in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974, which became effective for all mobile home construction on June 15, 1976.
MANUFACTURED HOME PARKAny area, piece, parcel, tract, or plot of ground equipped as required for support of mobile homes and offered for use by the owner or representative for mobile home park purposes and/or ground upon which three (3) or more mobile homes are parked, whether for compensation or not, including all accessory uses thereof. The term "mobile home park" does not include sales lots of which unoccupied mobile homes are parked for the purpose of inspection and sale. See Article
V, Supplementary Regulations.
MEDICAL, DENTAL, OR HEALTH CLINICAny building designed for use by one (1) or more persons lawfully engaged in the diagnosis, care and treatment of physical or mental diseases or ailments of human beings, including, but not limited to, doctors of medicine, dentists, chiropractors, osteopaths, optometrists, podiatrists, and in which no patients are lodged overnight, but which may include an apothecary.
MOBILE HOMEA transportable structure larger than three hundred twenty (320) square feet in floor area, designed to be used as a year-round residential dwelling, and built prior to the enactment of the Federal Mobile Home Construction and Safety Act of 1974, which became effective for all mobile home construction on June 15, 1976.
MOBILE HOME, DOUBLE-WIDEA mobile home that consists of two (2) or more sections that are transported separately and assembled at the site into one (1) structure of a width of not less than twenty (20) feet.
MOBILE HOME, SINGLE-WIDEA mobile home that consists of one (1) section which the main body, exclusive of expansions or extensions, is not more than sixteen (16) feet in width.
MODULAR HOMEA manufactured residential structure built to a nationally recognized and accepted construction standard published by the Building Officials Conference of America (BOCA) or the International Conference of Building Officials (ICBO) and the unit is inspected and certified at the factory that it meets said standard.
NON-CONFORMING STRUCTUREA structure which does not comply with the lot size requirements or bulk regulations applicable to new structures in the zoning district in which it is located.
NON-CONFORMING USEAn existing use of a structure or land which does not conform with the regulations of the district in which it is situated as established by this regulation or any amendments hereto.
NURSING HOME or CONVALESCENT HOMEAn institution or agency licensed by the State for the reception, board, care, or treatment of three (3) or more unrelated individuals, but not including facilities for the care and treatment of mental illness, alcoholism, or narcotics addiction.
PARKING SPACEAn area surfaced for all-weather use including gravel, sand, or comparable material for the purpose of storing one (1) parked automobile. For the purpose of this regulation, one (1) parking space shall have a minimum width of nine (9) feet and a minimum length of twenty (20) feet. In computing off-street parking, additional space shall be required for access drives for each parking space.
PERMANENT FOUNDATIONA foundation which supports a building, which must include concrete footings which extend below the frost level, and consists of poured concrete or concrete masonry units to the level of the sill plate. The foundation wall must be completely enclosed, except for vents and access areas, which must have closures.
PLACEAn open, unoccupied space, other than a publicly dedicated street or alley, permanently reserved as the principal means of access to abutting property.
PROFESSIONAL OFFICEAny building or part thereof used by one (1) or more persons engaged in the practice of law, accounting, architecture, engineering, or other occupation customarily considered as a profession.
PUBLIC UTILITYAny business which furnishes the general public:
f. Any other business so affecting the public interest as to be subject to the supervision or regulation by an agency of the State.
RECREATIONAL VEHICLEA vehicular-type unit built on or for use on a chassis and designed primarily as living quarters for recreational, camping, vacation or travel use and which has its own motive power or is mounted or drawn by another vehicle, and which has a body width not exceeding eight (8) feet and a body length not exceeding forty (40) feet.
RESTAURANTA public eating establishment at which the primary function is the preparation and serving of food.
RIGHT-OF-WAYA strip of land occupied or intended to be occupied by a street crosswalk, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer, or for another special use.
SALVAGE YARDAn area of land with or without buildings, used for collection or storage, outside a completely enclosed building, of used or discarded materials such as wastepaper, rags or scrap material; or used building materials, house furnishings, machinery, motor vehicles or parts thereof with or without the dismantling, processing, salvage, sale or other use or disposition of the same. A deposit or the storage on a plot of two (2) or more wrecked or broken-down motor vehicles or parts of two (2) or more such motor vehicles for one (1) week in a residential district, or for three (3) weeks or more in any other district, shall be deemed a salvage yard.
SANITARY LANDFILLA lot or parcel of land used primarily for the disposal and burial of garbage, sewage, trash, refuse, junk, discarded machinery or motor vehicles or parts thereof, or other waste.
SERVICE STATIONA service station shall consist of a building or group of buildings and surfaced area where automotive vehicles may be refueled and serviced; self-service pumps without buildings shall also be included. Such services shall include tire recapping, body repairs, or major overhaul.
SIGHT TRIANGLEAn area at a street intersection in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two (2) feet and eight (8) feet above the grades at the back of the curb of the intersecting streets, within the triangular area formed by the right-of-way lines and a line connecting them at points ten (10) feet from their point of intersection or at equivalent points on private streets, except that the site triangle shall be increased to twenty-five (25) feet for certain uses, when deemed necessary for traffic safety by the Board of Aldermen.
SIGNAny device which shall display or include any letter, word, model, banner, flag, pennant, insignia, device, or representation used as, or which is in the nature of, an advertisement or announcement which directs attention to an object, product, place, activity, person, institution, organization, or business but shall not include any display of official notice or official flag.
SPECIAL USE PERMITSpecial use permits provide permission under special conditions to use land as stipulated in each of the Zoning District Regulations.
STORYThat 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 be no floor above it, then the space between the floor and the ceiling next above it.
STREETA right-of-way, dedicated to the public use, which provides vehicular and pedestrian access to adjacent properties.
STREET LINEA dividing line between a lot, tract, or parcel of land and the contiguous street.
STREET NETWORKa. EXPRESSWAYA street which provides fast and efficient movement of large volumes of traffic between areas and does not provide a land service function.
b. ARTERIALA street which provides for through traffic movement between and around areas with direct access to abutting property, subject to necessary control of entrances, exits and curb uses.
c. COLLECTORA street which provides for traffic movement between arterials and local streets, which direct access to abutting property.
d. LOCALA street which provides direct access to abutting land, and local traffic movement whether in business, industrial, or residential areas.
STRUCTURAL ALTERATIONSAny change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any complete rebuilding of the roof or the exterior walls. For the purpose of this regulation, the following shall not be considered a structural alteration:
a. Attachment of a new front where structural supports are not changed.
b. Addition of fire escapes where structural supports are not changed.
c. New windows where lintels and support walls are not materially changed.
d. Repair or replacement of non-structural members.
STRUCTUREAnything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, but not including fences or public items such as utility poles, street light fixtures, and street signs.
TAVERNAn establishment in which the primary function is the public sale and serving of alcoholic beverages for consumption on the premises.
TRAILER OR RECREATIONAL VEHICLEA vehicular-type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. Examples are travel trailers, camping trailers, truck campers, and motor homes. Mobile homes and modular homes shall not be considered trailers or recreational vehicles.
YARDA space on the same lot with a main building, open, unoccupied and unobstructed by buildings or structures from the ground upward.
YARD, FRONTA yard extending across the full width of the lot, the depth of which is the least distance between the street right-of-way and the building setback line.
YARD, REARA yard extending across the full width of the lot, the depth of which is the least distance between the rear lot line and the rear setback line.
YARD, SIDEA yard extending from the front yard, or front lot line where no front yard is required, to the rear yard. The width of the side yard shall be measured horizontally, between the side lot line and the furthest architectural projection of the structure.
ZONE or DISTRICTA section of the zoning area for which uniform regulations governing the use, height, area, size, and intensity of use of buildings, land, and open spaces about buildings are herein established.
ZONING ADMINISTRATORThe person or persons authorized and empowered by the Board of Aldermen having jurisdiction to administer the requirements of these Zoning Regulations.
ZONING AREAThe area to be zoned as set out on the official Zoning Map filed of record.
ZONING REGULATIONSThe term "Zoning Regulations" or "this Chapter" or "Zoning Code" shall mean the requirements stipulated in this Chapter.