GENERALLY
This article is adopted pursuant to authority granted by RSMo 79.370 and RSMo ch. 89 and shall be a part of the comprehensive plan of the city.
(Code 1984, § 20-101; Ord. No. 3080, Art. I, § 1, 11-16-1993)
The regulations contained herein are necessary to encourage the most appropriate uses of land; to maintain and stabilize the value of property; to reduce fire hazards and improve public safety and safeguard the public health; to decrease traffic congestion and its accompanying hazards; to prevent undue concentration of population; to create a comprehensive and stable pattern of land uses upon which to plan for transportation, water supply, sewerage, schools, parks, public utilities, and other facilities. In interpreting and applying the provisions of this Code they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare.
(Code 1984, § 20-102; Ord. No. 3080, Art. I, § 2, 11-16-1993)
This article classifies and regulates the use of land, buildings, and structures within the city limits. The regulations contained herein are necessary to promote the health, safety, convenience, and welfare of the inhabitants by dividing the city into zones and regulating therein the use of the land and the use and size of buildings as to height and number of stories, the coverage of the land by buildings, the size of yards and open spaces, density of population and location of buildings.
(Code 1984, § 20-103; Ord. No. 3080, Art. I, § 3, 11-16-1993)
Except as hereinafter otherwise provided, no land shall be used and no building, structure, or improvement shall be made, erected, constructed, moved, altered, enlarged, or rebuilt which is designed, arranged, or intended to be used or maintained for any purpose or in any manner except in accordance with the requirements established in the district in which such land, building, structure, or improvement is located, and in accordance with the provisions of the divisions contained herein relating to any or all districts.
(Code 1984, § 20-104; Ord. No. 3080, Art. I, § 4, 11-16-1993)
(a)
The city is hereby divided into zones as shown on the official zoning map filed with the city clerk. The map as amended and all explanatory material thereon is hereby made a part of this article.
(b)
Zones shall be designed as follows:
(1)
Agricultural.
a.
A-1 Rural Residential District.
(2)
Residential.
a.
R-1 Single-Family Residential District.
b.
R-1/MH Single-Family/Manufactured Housing Residential District.
c.
R-1/SH Single-Family/Small House Residential District.
d.
R-2 Two-Family Residential District.
e.
R-2/MH Two-Family/Manufactured Housing Residential District.
f.
R-3 Medium Density Multifamily Residential District.
g.
R-4 High Density Multifamily Residential District.
(3)
Commercial.
a.
C-O Office District.
b.
C-1 Neighborhood Commercial District.
c.
C-2/H Central Business/Historic District.
d.
C-3 General Commercial District.
e.
C-4 Open Display Commercial District.
(4)
Industrial.
a.
I-1 Restricted Light Industrial District.
b.
I-2 Light Industrial District.
c.
I-3 Heavy Industrial District.
(c)
Specific district regulations are set forth in division 2 of this article.
(Code 1984, § 20-105; Ord. No. 3080, Art. I, § 5, 11-16-1993; Ord. No. 3263, § 1, 5-20-1997; Ord. No. 3923 , § 1, 4-5-2016)
The city building inspector is charged with issuance of permits and enforcement of this article. His interpretation will be valid in areas of interpretation, vagueness, etc. Areas of conflict may be addressed to the city administrator for ultimate staff resolution.
(Code 1984, § 20-106; Ord. No. 3080, Art. I, § 6, 11-16-1993)
(a)
For the purpose of these regulations, words used in the present tense shall include the future tense; words in the singular number include the plural and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The term "shall" is mandatory, the term "may" is permissive.
(b)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Accessory building or structure means a building customarily incidental and appropriate and subordinate to the main building or use and located on the same lot with the main building.
Accessory use means a use customarily incidental, appropriate and subordinate to the principal use of land or buildings located on the same premises.
Advertising sign or structure means any sign, device or structure of any character whatsoever, including statuary, placed for advertising purposes. The term "placed" includes erecting, constructing, posting, painting, tacking, nailing, gluing, sticking, carving, or otherwise fastening, affixing or making visible in any manner whatsoever. The area of an advertising structure other than a sign shall be determined as the area of the largest cross-section of such structure. Neither directional, warning nor other signs posted by public officials in the course of their public duties or merchandise or materials being offered for sale shall be construed as advertising signs for the purpose of the term "advertising sign or structure."
Agriculture means the use of land for agricultural purposes, including farming, dairies, pasture, apiculture, horticulture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities; and further provided that the keeping of poultry and livestock shall be in accordance with other applicable city ordinances.
Alley means a minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
Alteration means any addition, removal, extension, or change in the location of any exterior wall of a main building or accessory building.
Apartment house means a multiple-family dwelling. (See Dwelling, multiple-family).
Automobile means a self-propelled vehicle designed for use on streets and highways for the conveyance of goods and people including, but not limited to, the following: passenger cars, trucks, buses, motor scooters, and motorcycles.
Automobile service station means any area of land, including structures thereon, that is used for the sale of gasoline or oil fuels, and which may also include facilities for lubricating, washing, cleaning, or otherwise servicing automobiles, but not including the painting thereof.
Automobile wash or laundry means a structure designed primarily for washing automobiles with a chain conveyor, blower, steam cleaner, high pressure spray or other mechanical device.
Automobile wrecking or salvage yard means an area outside of a building where motor vehicles are disassembled, dismantled, junked, or where motor vehicles not in operable condition or used parts of motor vehicles are stored.
Basement means a story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.
Boardinghouse orlodginghouse means a building other than a hotel, occupied as a single housekeeping unit, where lodging or meals are provided for five or more persons for compensation, pursuant to previous arrangements, but not for the public or transient.
Building means any structure intended for shelter, housing or enclosure of persons, animals, or chattel.
Building coverage means the percentage of the lot area covered by the building. The building area shall include all overhanging roofs.
Building height means the vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of a flat roof, or the deckline of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.
Building line means a line beyond which buildings and structures may not be located except as otherwise provided.
Building, main, means a building in which is conducted the principal use of the lot on which it is situated. In any residential district any dwelling shall be deemed to be a main building on the lot on which it is situated.
Building site means a single parcel of land occupied or intended to be occupied by a building or structure.
Carport means a permanent roofed structure permanently open on at least two sides, designed for or occupied by private passenger vehicles.
Child care center means any place, home or institution which receives four or more children under the age of 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 the term "child care center" 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 or 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, including, but not limited to, family day care, group day care and day care centers.
Child care, commercial, means providing child care for four or more children for compensation in any place other than a residence occupied by the care givers. The term "child care, commercial," does not include group homes or public or private schools organized, approved and operating under the laws of this state or religious or public institutions caring for children within the institutional building while their parents or legal guardians attend services, meetings or classes in the institution.
Child care, residential, means providing child care for four to ten children for compensation in any residence occupied by the care givers. Care is provided to children apart from their natural parents or legal guardians or custodians, and who are under the age of 16 years and not of common parentage. The term "child care, residential," does not include group homes or public or private schools organized, approved or operating under the laws of this state; custody of children fixed by a court of competent jurisdiction; religious or public institutions caring for children within the institutional building while their parents or legal guardians attend services, meetings or classes in the institution.
Clinic, dental or medical, means a facility, including, but not limited to, dental and doctor's offices, for the examination and treatment of ill or afflicted human outpatients; provided, however, that patients are not kept overnight except under emergency conditions.
Club, private, means 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.
Communications tower means commercial AM/FM radio, television, microwave and cellular communications transmission towers, electronically emitting and receiving any wave length, and associated accessory buildings and equipment.
Conditional use means a use which is not listed as a permitted use in a zoning district but which may be permitted after special review and hearing by the planning commission and approval by the city council.
Condominium means an association of co-owners, organized in accordance with the state condominium laws, in which individual owners hold title exclusively in their unit and are co-owners of the common elements. The association of co-owners has responsibility for control and maintenance of common elements.
Convalescent, rest, nursing home means a health facility other than a hospital where persons are housed and furnished with meals and continuing nursing care for compensation.
Court means an open unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bordered on two or more sides by such building or buildings.
District, zoning, means any section or sections of a city for which regulations governing the use of building and premises or the height and area of buildings shall be uniform.
Dormitory means a dwelling other than a hotel where, for compensation, and by prearrangement for definite periods, lodging or lodging and meals are provided for more than 12 persons.
Drive-in restaurant means any establishment where food, frozen dessert and/or beverage is sold to the customer and where motor vehicle parking space is provided and where such food, frozen dessert and/or beverage is intended to be consumed in a motor vehicle parked upon the premises or anywhere on the premises outside of the building.
Dwelling means any building, or portion thereof, which is designed or used as living quarters for one or more families, but not including house trailers, mobile homes or travel trailers.
(1)
Dwelling, attached, means a dwelling having any portion of the structure in common with adjoining dwellings.
(2)
Dwelling, detached, means a dwelling having no portion of the structure in common with another dwelling.
(3)
Dwelling, multiple-family, means a dwelling designed for occupancy by three or more families living independently of each other, exclusive of auto or trailer courts or camps, mobile home parks, hotels or resort type hotels.
(4)
Dwelling, row house or townhouse means three or more dwelling units attached at the side or sides, each unit of which has a separate outdoor entrance and is designed to be occupied and may be owned by one family.
(5)
Dwelling, single-family, means a detached dwelling designed to be occupied by one family.
(6)
Dwelling, two-family, means a dwelling designed to be occupied by two families living independently of each other.
Family means one or more persons related by blood or marriage, including adopted children; or a group of not to exceed four persons not all related by blood or marriage, occupying premises and living as a single nonprofit housekeeping unit, as distinguished from a group occupying a boardinghouse or lodginghouse, hotel, club, or similar dwelling for group use. A family shall be deemed to include domestic servants employed by said family.
Floor area, gross, means the sum of the gross horizontal areas of all of the floors of a building or buildings, measured from the exterior faces of exterior walls or from the centerline of walls separating two buildings. For the purpose of determining off-street parking requirements, parts of floors used for restrooms, utilities, stairways and elevators shall be excluded.
Garage, private, means an accessory building or part of a main building used for storage of automobiles used solely by the occupants and their guests of the building to which it is accessory.
Garage, public, means any building, other than a private garage, available to the public, where automobiles are parked or stored for remuneration, hire or sale.
Garage, repair, means a building in which are provided facilities for the care, servicing, repair, or equipping of automobiles, for remuneration.
Garden apartment means a one, two, or three story apartment building with a common landscaped area or patio.
Grade (adjacent ground elevation) means the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distant from said wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line if it is less than five feet distant from said wall. In case walls are parallel to and within five feet of a public sidewalk, alley, or other public way, the grade shall be the elevation of the sidewalk, alley, or public way.
Home occupation means any occupation or profession conducted entirely within a residential dwelling or within a residential accessory building. To be classified as a home occupation, the following conditions must be met:
(1)
Work is conducted and carried on only by those who occupy the dwelling as their settled residence.
(2)
The home occupation is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof.
(3)
No clients or customers visit the premises.
(4)
The work being conducted shall not create noise, dust, odor or electrical disturbance beyond the confines of the premises.
(5)
Signage, if desired, shall consist of one non-illuminated nameplate, no more than two square feet in area, attached to the wall of the dwelling or accessory building.
Homes association means an incorporated nonprofit organization operating under recorded land agreements through which:
(1)
Each lot and/or home owner in a planned unit or other described land area is automatically a member;
(2)
Each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property; and
(3)
The charge if unpaid becomes a lien against the property.
Hospital means an institution providing health services or medical or surgical care for the sick or injured, primarily for human in-patients, and including related facilities such as laboratories, outpatient departments, training facilities, central service facilities and staff offices which are an integral part of the facilities.
Hotel/motel means a building or group of buildings under one ownership containing four or more sleeping rooms with private bath occupied, intended and designed to be occupied as the more or less temporary abiding place of persons who are lodged, with or without meals, for compensation, including motels or motor inns, but not including an auto or trailer court or camp, sanatoriums, hospital, asylum, orphanage or building where persons are housed under restraint.
Kennel/cattery means any lot or premises on which a total of four or more dogs or cats over six months of age are kept.
Landscaping means the bringing of the soil surface to a smooth finished grade, installing sufficient trees, shrubs, ground cover and grass to soften building lines, provide shade and generally produce a pleasing visual effect of the premises.
Lot means any plot of land occupied or intended to be occupied by one building, or a group of buildings, and accessory buildings and uses, including such open spaces as required by this article and other laws or ordinances, and having its principal frontage on a street.
Lot area means the total horizontal area included within lot lines.
Lot, corner, means a lot of which at least two adjacent sides abut for their full lengths on a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees.
Lot depth means the average distance from the front street line of the lot to its rear line, measured in the general direction of the side lines of the lot.
Lot, double frontage, means a lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.
Lot, front of, means the front of a lot shall be considered to be that side on the lot which fronts on a street. In the case of a corner lot, the narrowest side fronting on the street shall be considered to be the front of the lot.
Lot, interior, means a lot other than a corner lot.
Lot lines means the lines bounding a lot as defined herein.
Mobile home/manufactured housing means:
(1)
A single-family factory built dwelling unit capable of being transported over the road on its own chassis and wheels. Permitted only in mobile home parks.
(2)
A single-family factory built dwelling unit built on or after June 15, 1976, bearing a seal certifying compliance with the Federal Manufactured Housing Construction and Safety Standards Code, capable of being transported over the road on its own chassis and wheels. Permitted only in mobile home or manufactured housing parks or in R1/MH-R2/MH zoning districts.
Mobile home/manufactured housing park means:
(1)
Any development, site, parcel or tract of land designed, maintained or used for the renting or leasing of two or more spaces for the placement of mobile homes or manufactured housing units and existing within the city prior to the adoption of the ordinance from which this article is derived.
a.
Intended for long-term accommodation whereby wheels are removed and units are tied down and skirted. Includes park office and accessory buildings and facilities used by park residents.
b.
Mobile home parks may be continued and maintained but shall not be extended or expanded unless such extension or expansion complies with the requirements for a manufactured housing park. If the use of land as a mobile home park is discontinued for a period of six months or more, any future use of the land shall be in conformance with the regulations and provisions of the zoning district in which the land is located.
(2)
Any development, site, parcel or tract of land designed, maintained or used for the renting or leasing of two or more spaces for the placement of manufactured housing units. Intended for long-term accommodation whereby wheels are removed and units are tied down and skirted. Includes park office and accessory buildings and facilities used by park residents.
Nonconformance means a lawful condition of a structure or land which does not conform to the regulations of the district in which it is situated. The term "nonconformance" may include, but is not limited to, failure to conform to use, height, area, coverage or off-street parking requirements.
Nonconforming use means a structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated.
Off-site sign means a sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered, or existing elsewhere than upon the same lot where such sign is displayed. The term "off-site sign" includes an outdoor advertising sign (billboard) on which space is leased or rented by the owner thereof to others for the purpose of convening a commercial or noncommercial message.
On-site sign means a sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing on the same lot where such sign is displayed; provided, an on-site sign may also display a noncommercial message.
Outdoor menu board means an outdoor sign, associated with restaurants with drive-through windows, which gives a detailed list of foods served that are available at a restaurant.
Parking space means a permanently surfaced area, enclosed or unenclosed, sufficient in size to store one automobile together with a permanently surfaced driveway connecting the parking spaces with a street or alley and permitting ingress and egress of an automobile. For purposes of this article, the size of a parking space for one vehicle shall consist of a rectangular area having dimensions of not less than nine feet by 20 feet plus adequate area for ingress and egress.
Pennant means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
Planned unit development means a development planned in accordance with the provisions of division 4 of this article.
Portable sign means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloon used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
Portable swinger sign orA frame or sandwich sign means an advertising device which is ordinarily in the shape of an "A" or some variation thereof, located on the ground, easily movable, not permanently attached thereto and which is usually two-sided.
Portable temporary attraction sign board means a single or double surface painted or poster panel type sign or some variation thereof, which is temporary in nature, usually mounted on wheels, easily movable, not permanently attached thereto.
Principal building means the building in which is conducted the principal use of the zone lot on which it is located. Zone lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings.
Projecting sign means any sign that shall be affixed at an angle or perpendicular to the wall of any building in such a manner to read perpendicular or at an angle to the wall on which it is mounted.
Public event means any event that is authorized by the city whether funded in part, total or not at all.
Public health center means a facility primarily utilized by a health unit for the provisions of public health services including related facilities such as laboratories, clinics, and administrative offices operated in connection therewith.
Real estate sign means a temporary sign placed upon property for the purpose of advertising to the public the sale or lease of said property.
Recreational vehicle means any motorized vehicle designed for temporary human occupancy away from the place of residence of the occupants, or any motorized vehicle not intended for use on public roadways.
Residential sign means any sign located in a district zone for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of the city.
Restaurant means a public eating house, including, but not limited to, the types of business establishments customarily referred to as cafeterias, coffee shops, dairy bars, restaurants and soda fountains.
Roof sign means any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.
Roof sign, integral, means any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more of more than six inches.
Roominghouse means a building where lodging only is provided for compensation to five or more, but not exceeding 12 persons; all in excess of this number shall be defined as a hotel/dormitory under the terms of this article.
Setback means the distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line.
Shopping center means two or more retail stores and/or service establishments, or one retail store and one service establishment, sharing customer parking areas, regardless of whether said stores and/or establishments occupy separate structures or are under separate ownerships.
Sign means and includes every device, frame, letter, figure, character, mark, plane, point, design, picture, logo, stroke, stripe, trademark, or reading matter, which is used or intended to be used to attract attention or convey information when the same is placed out-of-doors in view of the general public; in addition, any of the above which is not placed out-of-doors, but which is illuminated with artificial or reflected light. Also, the term "sign" means when near the inside surface of a window in such a way as to be in view of the general public and used or intended to be used to attract attention or convey information to motorists.
Site development plan means a plan drawn at a scale of not less than 100 feet equals one inch which shows the topographic characteristics of the site at a contour interval of not more than five feet; the location and dimensions of buildings, yards, courts, landscape, pedestrian and vehicular circulation and parking, fences and screening; service driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile. For purposes of this article, the size of a parking space for one vehicle shall consist of a rectangular area having dimensions of not less than nine feet by 20 feet plus adequate area for ingress and egress.
Small house means a structure not less than 128 square feet and not to exceed 900 square feet and not exceeding two stories in height. Intended for use as a permanent, single-family residence. Structure must be connected to public utilities (electric, water and sewer). A manufactured home, mobile home or travel unit, as defined in this section is not considered a small house.
Small house development means any development, site, parcel or tract of land designated, maintained or intended to be used for the purpose, placement or construction of a small house, as defined in this section.
Spot light illuminations means illumination which comes from lamps, lenses or devices designed to focus or concentrate the light rays of the source.
Stable, private, means a stable for private uses with a capacity for not more than two horses or mules.
Stable, public, means a stable, other than a private stable, with a capacity for more than two horses or mules.
Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than six feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement, cellar or unused under-floor space shall be considered as a story.
Street and sidewalks means a strip of land or access way subject to vehicular traffic and/or pedestrian traffic that provides direct or indirect access to property, including, but not limited to, alleys, avenues, boulevards, courts, drives, highways, lanes, places, roads, sidewalks, terraces, trails or other thoroughfares.
Street frontage means the distance for which a lot line of a zone lot adjoins a public street, from one lot line intersecting said street to the furthest distant lot line intersecting the same street.
Street, intersecting, means any street which joins another street whether or not it crosses the other.
Street, major, means any street designated as an existing or proposed arterial on the major street plan in the transportation plan element of the comprehensive plan.
Structural alterations means any alteration involving a change in or addition to the supporting members of a building, such as bearing walls, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.
Structure means anything constructed or erected, which requires location on the ground, including, but not limited to, signs, and excepting utility poles, fences and retaining walls.
Suspended sign means a sign that is suspended from the underside of a horizontal plane surface and is by such surface.
Swimming pool means any structure intended for swimming or recreational bathing that contains water more than 24 inches (610 mm) deep. The term "swimming pool" includes in-ground, above ground, and on-ground swimming pools, hot tubs, and spas.
Temporary sign means any sign that is used only temporarily and is not permanently mounted.
Trailer, hauling, means a vehicle to be pulled behind an automobile or truck which is designed for hauling animals, produce, goods or commodities. The term "hauling trailer" does not include boats.
Trailer, travel or camping, means a portable or mobile living unit used for temporary human occupancy away from the place of residence of the occupants.
Travel trailer camp means any development, site, parcel or tract of land designed, maintained or intended to be used for the purpose of providing short term accommodation up to and including 30 days or less for placement of two or more travel trailer units and shall include all buildings used or maintained for the use of the occupants in the trailer camp.
Wall sign means any sign that shall be affixed parallel to the wall or printed on the wall of any building in such a manner as to read parallel to the wall on which it is mounted; provided, however, said wall sign shall not project above the top of the wall or beyond the end of the building. For the purpose of this article, any sign display surface that is affixed flat against the sloping surface of a mansard roof shall be considered a wall sign. Any sign that is affixed to the building marquee, building awning, or a building canopy shall be considered a wall sign.
Window sign means any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service that is placed inside a window or upon the window.
Yard means 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. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.
Yard, front, means a yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the main building or any projection thereof, other than steps.
Yard, rear, means a yard extending across the rear of a lot measured between lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. The rear yard shall, in all cases, be at the opposite end of the lot from the front yard.
Yard, side, means a yard between the building and the side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the side of the main building or any projections other than steps.
Zone lot means a parcel of land in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage, and use, and that can provide such yards and other open spaces as required by these zoning regulations.
(Code 1984, § 20-107; Ord. No. 3080, Art. I, § 7, 11-16-1993; Ord. No. 3304, §§ 1, 2, 2-3-1998; Ord. No. 3412, §§ 1, 2, 7-18-2000; Ord. No. 3440, § 1, 5-1-2001; Ord. No. 3447, § 1, 6-5-2001; Ord. No. 3623, § 1, 11-21-2006; Ord. No. 3788 , § 1, 6-21-2011; Ord. No. 3923 , § 1, 4-5-2016)
GENERALLY
This article is adopted pursuant to authority granted by RSMo 79.370 and RSMo ch. 89 and shall be a part of the comprehensive plan of the city.
(Code 1984, § 20-101; Ord. No. 3080, Art. I, § 1, 11-16-1993)
The regulations contained herein are necessary to encourage the most appropriate uses of land; to maintain and stabilize the value of property; to reduce fire hazards and improve public safety and safeguard the public health; to decrease traffic congestion and its accompanying hazards; to prevent undue concentration of population; to create a comprehensive and stable pattern of land uses upon which to plan for transportation, water supply, sewerage, schools, parks, public utilities, and other facilities. In interpreting and applying the provisions of this Code they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare.
(Code 1984, § 20-102; Ord. No. 3080, Art. I, § 2, 11-16-1993)
This article classifies and regulates the use of land, buildings, and structures within the city limits. The regulations contained herein are necessary to promote the health, safety, convenience, and welfare of the inhabitants by dividing the city into zones and regulating therein the use of the land and the use and size of buildings as to height and number of stories, the coverage of the land by buildings, the size of yards and open spaces, density of population and location of buildings.
(Code 1984, § 20-103; Ord. No. 3080, Art. I, § 3, 11-16-1993)
Except as hereinafter otherwise provided, no land shall be used and no building, structure, or improvement shall be made, erected, constructed, moved, altered, enlarged, or rebuilt which is designed, arranged, or intended to be used or maintained for any purpose or in any manner except in accordance with the requirements established in the district in which such land, building, structure, or improvement is located, and in accordance with the provisions of the divisions contained herein relating to any or all districts.
(Code 1984, § 20-104; Ord. No. 3080, Art. I, § 4, 11-16-1993)
(a)
The city is hereby divided into zones as shown on the official zoning map filed with the city clerk. The map as amended and all explanatory material thereon is hereby made a part of this article.
(b)
Zones shall be designed as follows:
(1)
Agricultural.
a.
A-1 Rural Residential District.
(2)
Residential.
a.
R-1 Single-Family Residential District.
b.
R-1/MH Single-Family/Manufactured Housing Residential District.
c.
R-1/SH Single-Family/Small House Residential District.
d.
R-2 Two-Family Residential District.
e.
R-2/MH Two-Family/Manufactured Housing Residential District.
f.
R-3 Medium Density Multifamily Residential District.
g.
R-4 High Density Multifamily Residential District.
(3)
Commercial.
a.
C-O Office District.
b.
C-1 Neighborhood Commercial District.
c.
C-2/H Central Business/Historic District.
d.
C-3 General Commercial District.
e.
C-4 Open Display Commercial District.
(4)
Industrial.
a.
I-1 Restricted Light Industrial District.
b.
I-2 Light Industrial District.
c.
I-3 Heavy Industrial District.
(c)
Specific district regulations are set forth in division 2 of this article.
(Code 1984, § 20-105; Ord. No. 3080, Art. I, § 5, 11-16-1993; Ord. No. 3263, § 1, 5-20-1997; Ord. No. 3923 , § 1, 4-5-2016)
The city building inspector is charged with issuance of permits and enforcement of this article. His interpretation will be valid in areas of interpretation, vagueness, etc. Areas of conflict may be addressed to the city administrator for ultimate staff resolution.
(Code 1984, § 20-106; Ord. No. 3080, Art. I, § 6, 11-16-1993)
(a)
For the purpose of these regulations, words used in the present tense shall include the future tense; words in the singular number include the plural and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The term "shall" is mandatory, the term "may" is permissive.
(b)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Accessory building or structure means a building customarily incidental and appropriate and subordinate to the main building or use and located on the same lot with the main building.
Accessory use means a use customarily incidental, appropriate and subordinate to the principal use of land or buildings located on the same premises.
Advertising sign or structure means any sign, device or structure of any character whatsoever, including statuary, placed for advertising purposes. The term "placed" includes erecting, constructing, posting, painting, tacking, nailing, gluing, sticking, carving, or otherwise fastening, affixing or making visible in any manner whatsoever. The area of an advertising structure other than a sign shall be determined as the area of the largest cross-section of such structure. Neither directional, warning nor other signs posted by public officials in the course of their public duties or merchandise or materials being offered for sale shall be construed as advertising signs for the purpose of the term "advertising sign or structure."
Agriculture means the use of land for agricultural purposes, including farming, dairies, pasture, apiculture, horticulture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities; and further provided that the keeping of poultry and livestock shall be in accordance with other applicable city ordinances.
Alley means a minor way which is used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
Alteration means any addition, removal, extension, or change in the location of any exterior wall of a main building or accessory building.
Apartment house means a multiple-family dwelling. (See Dwelling, multiple-family).
Automobile means a self-propelled vehicle designed for use on streets and highways for the conveyance of goods and people including, but not limited to, the following: passenger cars, trucks, buses, motor scooters, and motorcycles.
Automobile service station means any area of land, including structures thereon, that is used for the sale of gasoline or oil fuels, and which may also include facilities for lubricating, washing, cleaning, or otherwise servicing automobiles, but not including the painting thereof.
Automobile wash or laundry means a structure designed primarily for washing automobiles with a chain conveyor, blower, steam cleaner, high pressure spray or other mechanical device.
Automobile wrecking or salvage yard means an area outside of a building where motor vehicles are disassembled, dismantled, junked, or where motor vehicles not in operable condition or used parts of motor vehicles are stored.
Basement means a story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground or when subdivided and used for commercial or dwelling purposes by other than a janitor employed on the premises.
Boardinghouse orlodginghouse means a building other than a hotel, occupied as a single housekeeping unit, where lodging or meals are provided for five or more persons for compensation, pursuant to previous arrangements, but not for the public or transient.
Building means any structure intended for shelter, housing or enclosure of persons, animals, or chattel.
Building coverage means the percentage of the lot area covered by the building. The building area shall include all overhanging roofs.
Building height means the vertical distance from the average line of the highest and lowest points of that portion of the lot covered by the building to the highest point of a flat roof, or the deckline of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.
Building line means a line beyond which buildings and structures may not be located except as otherwise provided.
Building, main, means a building in which is conducted the principal use of the lot on which it is situated. In any residential district any dwelling shall be deemed to be a main building on the lot on which it is situated.
Building site means a single parcel of land occupied or intended to be occupied by a building or structure.
Carport means a permanent roofed structure permanently open on at least two sides, designed for or occupied by private passenger vehicles.
Child care center means any place, home or institution which receives four or more children under the age of 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 the term "child care center" 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 or 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, including, but not limited to, family day care, group day care and day care centers.
Child care, commercial, means providing child care for four or more children for compensation in any place other than a residence occupied by the care givers. The term "child care, commercial," does not include group homes or public or private schools organized, approved and operating under the laws of this state or religious or public institutions caring for children within the institutional building while their parents or legal guardians attend services, meetings or classes in the institution.
Child care, residential, means providing child care for four to ten children for compensation in any residence occupied by the care givers. Care is provided to children apart from their natural parents or legal guardians or custodians, and who are under the age of 16 years and not of common parentage. The term "child care, residential," does not include group homes or public or private schools organized, approved or operating under the laws of this state; custody of children fixed by a court of competent jurisdiction; religious or public institutions caring for children within the institutional building while their parents or legal guardians attend services, meetings or classes in the institution.
Clinic, dental or medical, means a facility, including, but not limited to, dental and doctor's offices, for the examination and treatment of ill or afflicted human outpatients; provided, however, that patients are not kept overnight except under emergency conditions.
Club, private, means 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.
Communications tower means commercial AM/FM radio, television, microwave and cellular communications transmission towers, electronically emitting and receiving any wave length, and associated accessory buildings and equipment.
Conditional use means a use which is not listed as a permitted use in a zoning district but which may be permitted after special review and hearing by the planning commission and approval by the city council.
Condominium means an association of co-owners, organized in accordance with the state condominium laws, in which individual owners hold title exclusively in their unit and are co-owners of the common elements. The association of co-owners has responsibility for control and maintenance of common elements.
Convalescent, rest, nursing home means a health facility other than a hospital where persons are housed and furnished with meals and continuing nursing care for compensation.
Court means an open unoccupied space, other than a yard, on the same lot with a building or group of buildings and which is bordered on two or more sides by such building or buildings.
District, zoning, means any section or sections of a city for which regulations governing the use of building and premises or the height and area of buildings shall be uniform.
Dormitory means a dwelling other than a hotel where, for compensation, and by prearrangement for definite periods, lodging or lodging and meals are provided for more than 12 persons.
Drive-in restaurant means any establishment where food, frozen dessert and/or beverage is sold to the customer and where motor vehicle parking space is provided and where such food, frozen dessert and/or beverage is intended to be consumed in a motor vehicle parked upon the premises or anywhere on the premises outside of the building.
Dwelling means any building, or portion thereof, which is designed or used as living quarters for one or more families, but not including house trailers, mobile homes or travel trailers.
(1)
Dwelling, attached, means a dwelling having any portion of the structure in common with adjoining dwellings.
(2)
Dwelling, detached, means a dwelling having no portion of the structure in common with another dwelling.
(3)
Dwelling, multiple-family, means a dwelling designed for occupancy by three or more families living independently of each other, exclusive of auto or trailer courts or camps, mobile home parks, hotels or resort type hotels.
(4)
Dwelling, row house or townhouse means three or more dwelling units attached at the side or sides, each unit of which has a separate outdoor entrance and is designed to be occupied and may be owned by one family.
(5)
Dwelling, single-family, means a detached dwelling designed to be occupied by one family.
(6)
Dwelling, two-family, means a dwelling designed to be occupied by two families living independently of each other.
Family means one or more persons related by blood or marriage, including adopted children; or a group of not to exceed four persons not all related by blood or marriage, occupying premises and living as a single nonprofit housekeeping unit, as distinguished from a group occupying a boardinghouse or lodginghouse, hotel, club, or similar dwelling for group use. A family shall be deemed to include domestic servants employed by said family.
Floor area, gross, means the sum of the gross horizontal areas of all of the floors of a building or buildings, measured from the exterior faces of exterior walls or from the centerline of walls separating two buildings. For the purpose of determining off-street parking requirements, parts of floors used for restrooms, utilities, stairways and elevators shall be excluded.
Garage, private, means an accessory building or part of a main building used for storage of automobiles used solely by the occupants and their guests of the building to which it is accessory.
Garage, public, means any building, other than a private garage, available to the public, where automobiles are parked or stored for remuneration, hire or sale.
Garage, repair, means a building in which are provided facilities for the care, servicing, repair, or equipping of automobiles, for remuneration.
Garden apartment means a one, two, or three story apartment building with a common landscaped area or patio.
Grade (adjacent ground elevation) means the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distant from said wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line if it is less than five feet distant from said wall. In case walls are parallel to and within five feet of a public sidewalk, alley, or other public way, the grade shall be the elevation of the sidewalk, alley, or public way.
Home occupation means any occupation or profession conducted entirely within a residential dwelling or within a residential accessory building. To be classified as a home occupation, the following conditions must be met:
(1)
Work is conducted and carried on only by those who occupy the dwelling as their settled residence.
(2)
The home occupation is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof.
(3)
No clients or customers visit the premises.
(4)
The work being conducted shall not create noise, dust, odor or electrical disturbance beyond the confines of the premises.
(5)
Signage, if desired, shall consist of one non-illuminated nameplate, no more than two square feet in area, attached to the wall of the dwelling or accessory building.
Homes association means an incorporated nonprofit organization operating under recorded land agreements through which:
(1)
Each lot and/or home owner in a planned unit or other described land area is automatically a member;
(2)
Each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property; and
(3)
The charge if unpaid becomes a lien against the property.
Hospital means an institution providing health services or medical or surgical care for the sick or injured, primarily for human in-patients, and including related facilities such as laboratories, outpatient departments, training facilities, central service facilities and staff offices which are an integral part of the facilities.
Hotel/motel means a building or group of buildings under one ownership containing four or more sleeping rooms with private bath occupied, intended and designed to be occupied as the more or less temporary abiding place of persons who are lodged, with or without meals, for compensation, including motels or motor inns, but not including an auto or trailer court or camp, sanatoriums, hospital, asylum, orphanage or building where persons are housed under restraint.
Kennel/cattery means any lot or premises on which a total of four or more dogs or cats over six months of age are kept.
Landscaping means the bringing of the soil surface to a smooth finished grade, installing sufficient trees, shrubs, ground cover and grass to soften building lines, provide shade and generally produce a pleasing visual effect of the premises.
Lot means any plot of land occupied or intended to be occupied by one building, or a group of buildings, and accessory buildings and uses, including such open spaces as required by this article and other laws or ordinances, and having its principal frontage on a street.
Lot area means the total horizontal area included within lot lines.
Lot, corner, means a lot of which at least two adjacent sides abut for their full lengths on a street, provided that the interior angle at the intersection of such two sides is less than 135 degrees.
Lot depth means the average distance from the front street line of the lot to its rear line, measured in the general direction of the side lines of the lot.
Lot, double frontage, means a lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.
Lot, front of, means the front of a lot shall be considered to be that side on the lot which fronts on a street. In the case of a corner lot, the narrowest side fronting on the street shall be considered to be the front of the lot.
Lot, interior, means a lot other than a corner lot.
Lot lines means the lines bounding a lot as defined herein.
Mobile home/manufactured housing means:
(1)
A single-family factory built dwelling unit capable of being transported over the road on its own chassis and wheels. Permitted only in mobile home parks.
(2)
A single-family factory built dwelling unit built on or after June 15, 1976, bearing a seal certifying compliance with the Federal Manufactured Housing Construction and Safety Standards Code, capable of being transported over the road on its own chassis and wheels. Permitted only in mobile home or manufactured housing parks or in R1/MH-R2/MH zoning districts.
Mobile home/manufactured housing park means:
(1)
Any development, site, parcel or tract of land designed, maintained or used for the renting or leasing of two or more spaces for the placement of mobile homes or manufactured housing units and existing within the city prior to the adoption of the ordinance from which this article is derived.
a.
Intended for long-term accommodation whereby wheels are removed and units are tied down and skirted. Includes park office and accessory buildings and facilities used by park residents.
b.
Mobile home parks may be continued and maintained but shall not be extended or expanded unless such extension or expansion complies with the requirements for a manufactured housing park. If the use of land as a mobile home park is discontinued for a period of six months or more, any future use of the land shall be in conformance with the regulations and provisions of the zoning district in which the land is located.
(2)
Any development, site, parcel or tract of land designed, maintained or used for the renting or leasing of two or more spaces for the placement of manufactured housing units. Intended for long-term accommodation whereby wheels are removed and units are tied down and skirted. Includes park office and accessory buildings and facilities used by park residents.
Nonconformance means a lawful condition of a structure or land which does not conform to the regulations of the district in which it is situated. The term "nonconformance" may include, but is not limited to, failure to conform to use, height, area, coverage or off-street parking requirements.
Nonconforming use means a structure or land lawfully occupied by a use that does not conform to the regulations of the district in which it is situated.
Off-site sign means a sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered, or existing elsewhere than upon the same lot where such sign is displayed. The term "off-site sign" includes an outdoor advertising sign (billboard) on which space is leased or rented by the owner thereof to others for the purpose of convening a commercial or noncommercial message.
On-site sign means a sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing on the same lot where such sign is displayed; provided, an on-site sign may also display a noncommercial message.
Outdoor menu board means an outdoor sign, associated with restaurants with drive-through windows, which gives a detailed list of foods served that are available at a restaurant.
Parking space means a permanently surfaced area, enclosed or unenclosed, sufficient in size to store one automobile together with a permanently surfaced driveway connecting the parking spaces with a street or alley and permitting ingress and egress of an automobile. For purposes of this article, the size of a parking space for one vehicle shall consist of a rectangular area having dimensions of not less than nine feet by 20 feet plus adequate area for ingress and egress.
Pennant means any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
Planned unit development means a development planned in accordance with the provisions of division 4 of this article.
Portable sign means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloon used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
Portable swinger sign orA frame or sandwich sign means an advertising device which is ordinarily in the shape of an "A" or some variation thereof, located on the ground, easily movable, not permanently attached thereto and which is usually two-sided.
Portable temporary attraction sign board means a single or double surface painted or poster panel type sign or some variation thereof, which is temporary in nature, usually mounted on wheels, easily movable, not permanently attached thereto.
Principal building means the building in which is conducted the principal use of the zone lot on which it is located. Zone lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings.
Projecting sign means any sign that shall be affixed at an angle or perpendicular to the wall of any building in such a manner to read perpendicular or at an angle to the wall on which it is mounted.
Public event means any event that is authorized by the city whether funded in part, total or not at all.
Public health center means a facility primarily utilized by a health unit for the provisions of public health services including related facilities such as laboratories, clinics, and administrative offices operated in connection therewith.
Real estate sign means a temporary sign placed upon property for the purpose of advertising to the public the sale or lease of said property.
Recreational vehicle means any motorized vehicle designed for temporary human occupancy away from the place of residence of the occupants, or any motorized vehicle not intended for use on public roadways.
Residential sign means any sign located in a district zone for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of the city.
Restaurant means a public eating house, including, but not limited to, the types of business establishments customarily referred to as cafeterias, coffee shops, dairy bars, restaurants and soda fountains.
Roof sign means any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof.
Roof sign, integral, means any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more of more than six inches.
Roominghouse means a building where lodging only is provided for compensation to five or more, but not exceeding 12 persons; all in excess of this number shall be defined as a hotel/dormitory under the terms of this article.
Setback means the distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line.
Shopping center means two or more retail stores and/or service establishments, or one retail store and one service establishment, sharing customer parking areas, regardless of whether said stores and/or establishments occupy separate structures or are under separate ownerships.
Sign means and includes every device, frame, letter, figure, character, mark, plane, point, design, picture, logo, stroke, stripe, trademark, or reading matter, which is used or intended to be used to attract attention or convey information when the same is placed out-of-doors in view of the general public; in addition, any of the above which is not placed out-of-doors, but which is illuminated with artificial or reflected light. Also, the term "sign" means when near the inside surface of a window in such a way as to be in view of the general public and used or intended to be used to attract attention or convey information to motorists.
Site development plan means a plan drawn at a scale of not less than 100 feet equals one inch which shows the topographic characteristics of the site at a contour interval of not more than five feet; the location and dimensions of buildings, yards, courts, landscape, pedestrian and vehicular circulation and parking, fences and screening; service driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile. For purposes of this article, the size of a parking space for one vehicle shall consist of a rectangular area having dimensions of not less than nine feet by 20 feet plus adequate area for ingress and egress.
Small house means a structure not less than 128 square feet and not to exceed 900 square feet and not exceeding two stories in height. Intended for use as a permanent, single-family residence. Structure must be connected to public utilities (electric, water and sewer). A manufactured home, mobile home or travel unit, as defined in this section is not considered a small house.
Small house development means any development, site, parcel or tract of land designated, maintained or intended to be used for the purpose, placement or construction of a small house, as defined in this section.
Spot light illuminations means illumination which comes from lamps, lenses or devices designed to focus or concentrate the light rays of the source.
Stable, private, means a stable for private uses with a capacity for not more than two horses or mules.
Stable, public, means a stable, other than a private stable, with a capacity for more than two horses or mules.
Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused underfloor space is more than six feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement, cellar or unused under-floor space shall be considered as a story.
Street and sidewalks means a strip of land or access way subject to vehicular traffic and/or pedestrian traffic that provides direct or indirect access to property, including, but not limited to, alleys, avenues, boulevards, courts, drives, highways, lanes, places, roads, sidewalks, terraces, trails or other thoroughfares.
Street frontage means the distance for which a lot line of a zone lot adjoins a public street, from one lot line intersecting said street to the furthest distant lot line intersecting the same street.
Street, intersecting, means any street which joins another street whether or not it crosses the other.
Street, major, means any street designated as an existing or proposed arterial on the major street plan in the transportation plan element of the comprehensive plan.
Structural alterations means any alteration involving a change in or addition to the supporting members of a building, such as bearing walls, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.
Structure means anything constructed or erected, which requires location on the ground, including, but not limited to, signs, and excepting utility poles, fences and retaining walls.
Suspended sign means a sign that is suspended from the underside of a horizontal plane surface and is by such surface.
Swimming pool means any structure intended for swimming or recreational bathing that contains water more than 24 inches (610 mm) deep. The term "swimming pool" includes in-ground, above ground, and on-ground swimming pools, hot tubs, and spas.
Temporary sign means any sign that is used only temporarily and is not permanently mounted.
Trailer, hauling, means a vehicle to be pulled behind an automobile or truck which is designed for hauling animals, produce, goods or commodities. The term "hauling trailer" does not include boats.
Trailer, travel or camping, means a portable or mobile living unit used for temporary human occupancy away from the place of residence of the occupants.
Travel trailer camp means any development, site, parcel or tract of land designed, maintained or intended to be used for the purpose of providing short term accommodation up to and including 30 days or less for placement of two or more travel trailer units and shall include all buildings used or maintained for the use of the occupants in the trailer camp.
Wall sign means any sign that shall be affixed parallel to the wall or printed on the wall of any building in such a manner as to read parallel to the wall on which it is mounted; provided, however, said wall sign shall not project above the top of the wall or beyond the end of the building. For the purpose of this article, any sign display surface that is affixed flat against the sloping surface of a mansard roof shall be considered a wall sign. Any sign that is affixed to the building marquee, building awning, or a building canopy shall be considered a wall sign.
Window sign means any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service that is placed inside a window or upon the window.
Yard means 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. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.
Yard, front, means a yard located in front of the front elevation of a building and extending across a lot between the side yard lines and being the minimum horizontal distance between the front property line and the main building or any projection thereof, other than steps.
Yard, rear, means a yard extending across the rear of a lot measured between lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. The rear yard shall, in all cases, be at the opposite end of the lot from the front yard.
Yard, side, means a yard between the building and the side line of the lot and extending from the front lot line to the rear lot line and being the minimum horizontal distance between a side lot line and the side of the main building or any projections other than steps.
Zone lot means a parcel of land in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage, and use, and that can provide such yards and other open spaces as required by these zoning regulations.
(Code 1984, § 20-107; Ord. No. 3080, Art. I, § 7, 11-16-1993; Ord. No. 3304, §§ 1, 2, 2-3-1998; Ord. No. 3412, §§ 1, 2, 7-18-2000; Ord. No. 3440, § 1, 5-1-2001; Ord. No. 3447, § 1, 6-5-2001; Ord. No. 3623, § 1, 11-21-2006; Ord. No. 3788 , § 1, 6-21-2011; Ord. No. 3923 , § 1, 4-5-2016)