Cool Valley City Zoning Code
ARTICLE I
In General
Section 400.010 Definitions. [1]
[R.O. 2009 §24-1; Ord. No. 498 §1(Art. II §2), 1-11-1983; Ord. No. 747 §1, 12-27-1990; Ord. No. 881 §1, 3-26-1996]
A.
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
1.
Generally. For purposes of this Chapter, the following terms shall have the meanings respectively ascribed to them in this Section. Generally, the word "building" includes the word "structure", the word "lot" includes the word "plot", and the phrases "used" or "used for" include the meaning "designed for" or "intended for". Terms not herein defined but defined in the building code shall be construed as they are defined therein. Where terms are not defined, they shall have their ordinarily accepted meanings or such as the context may imply.
2.
Definitions. As used in this Chapter, the following terms shall have these prescribed meanings:
ACCESSORY USE OR BUILDING
A subordinate use or building clearly incident to and located on the same lot occupied by the principal use or building.
APARTMENT HOUSE OR BUILDING
Any building used or occupied by five (5) or more families living independently of each other.
ARCADE
Any building or premises containing more than five (5) coin-operated amusement devices available for public use.
BUILDING LINE
A line established parallel to a street right-of-way line or other property line and prohibiting the erection of any portion of a structure, except as otherwise provided for in this Chapter, between such line and right-of-way or property line.
CUSTOMARY HOME OCCUPATIONS
Occupations or professions of a service character performed within a place of residence, which are clearly incidental to the main use of the premises as a dwelling place and where there is no exterior evidence of such secondary use, there is no stock or commodity kept for sale upon the premises and the home occupation is carried on only by members of the family residing in the dwelling.
DAY CARE
Care of one (1) or more children other than a family group for compensation.
DWELLING, MULTIPLE-FAMILY
A single building or group of buildings on one (1) plot containing separate dwelling units for three (3) or more families.
DWELLING, SINGLE-FAMILY
A dwelling designed for or used by one (1) family.
DWELLING, TWO-FAMILY
A dwelling designed for or used by two (2) families.
FAMILY
A group of one (1) or more persons related by blood, marriage or adoption and not more than one (1) additional unrelated person occupying a premises as a single, non-profit housekeeping unit.
FLOOR SPACE
The sum of the gross horizontal areas of the floors of a building measured from the exterior faces of exterior walls.
GROUP HOME
Any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.
NON-CONFORMING USE OR BUILDING
Any use, building or portion of a building lawfully existing at the time of passage of the ordinance (January 11, 1983) from which this Chapter was derived which does not conform to the requirements of this Chapter.
PARKING SPACE
An area used exclusively for storage of one (1) automobile and containing a minimum of one hundred seventy-nine (179) square feet, net, exclusive of access, maneuvering area, ramps, columns, etc. Does not include commercial vehicle loading areas.
RESTAURANT
A building within which there is served a variety of hot food in ready-to-eat form for consumption on the premises.
ROOMING OR BOARDING HOUSE
A dwelling in which persons, either individually or as a family group, are housed, with or without meals, for compensation.
SUBSTANCE ABUSE TREATMENT FACILITY
A residential or outpatient facility for the treatment of alcohol or other drug abuse licensed and certified as such by the Missouri Division of Alcohol and Drug Abuse of the Department of Mental Health, pursuant to Sections 630.655 and 376.779, RSMo., or such other Statutes.
YARD, FRONT
The area of a yard between the street right-of-way lines and the building line. Where corner lots exist, the yard area between both street right-of-way lines and the building line shall constitute a front yard under this Chapter.
YARD, REAR
The area of a yard between the rear building line and the rear lot line.
YARD, SIDE
The area of a yard between the building lines and the side lot line.
[1]
Cross Reference — As to definitions and rules of construction generally, §100.080.
Section 400.020 Purpose.
[R.O. 2009 §24-2; Ord. No. 498 §1(Art. I §2), 1-11-1983]
This Chapter is enacted to promote the health, safety and general welfare of the citizens of Cool Valley and to avoid street congestion, achieve appropriate population distribution, provide necessary spaces for light, air and recreation, protect existing property values and secure the proper future development of the City in accordance with the City plan by regulating the use, bulk and density of land and structures.
Section 400.030 Interpretation. [1]
[R.O. 2009 §24-3; Ord. No. 498 §1(Art. I §§3 — 4), 1-11-1983]
A.
In interpreting and applying this Chapter, the provisions contained herein are minimum requirements for the purposes set forth. Although it is not intended that this Chapter interfere with or abrogate any easement, covenant or other agreement, where this Chapter imposes more restrictive requirements, requirements of this Chapter shall govern.
B.
When not inconsistent with the context, words used in the present tense include the future; words in the singular include the plural and words in the plural include the singular; the words "shall" and "will" or "must" are mandatory, not merely directory.
C.
The International Building Code adopted in Section 500.010 as published by the International Code Council, is established as the Building Code of the City, except insofar as said code conflicts with specific provisions of this Chapter. Where contradictions or overlap occur between this Chapter and the code, the most restrictive or highest standard shall govern.
D.
Effect On Previous Ordinances. Ordinances relating to the zoning and land existing at the time of passage of this Chapter are superseded and amended as herein set forth; provided however, that this Chapter shall be construed as a continuation of previous Ordinances and not a new enactment insofar as the substance of revisions of previous Ordinance is included herein. Furthermore, the Chapter shall be so interpreted with regard to tenure of officers and boards established by previous ordinances.
[1]
Cross Reference — As to adoption of the building code, §500.010.
Section 400.040 Procedure for Amending Zoning Code. [1]
[R.O. 2009 §24-4; Ord. No. 498 §1(Art. XVII §1), 1-11-1983; Ord. No. 729 §1, 3-27-1990]
A.
The zoning regulations, restrictions or boundaries may from time to time be amended, supplemented, changed, modified or repealed, upon the motion of the Board of Aldermen or upon petition of any interested person. Any petition shall be upon such form or forms as may be prescribed by the Planning Commission.
B.
The petition or proposed change shall be referred to the Planning Commission which shall investigate said matter and hold a public hearing thereon and shall file with the Board of Aldermen its final report and recommendation, after complying with such other procedural requirements set forth by law or ordinance as may pertain specifically to the subject matter in question.
C.
Upon receipt of the report and recommendation of the Planning Commission and before adoption of any ordinance, the Board of Aldermen shall call for and hold a public hearing, after no less than fifteen (15) days' notice and not more than thirty (30) days' notice.
D.
The City Clerk shall give notice of said public hearing, setting forth the time, date and place of said hearing and a brief description of the subject matter thereof. In the event that specific property is involved, a legal description of the property and a street address shall be included.
E.
Notice of the public hearing shall be published in an official paper or a paper of general circulation in the City and shall also be posted on the property (if specific property is involved) and shall also be mailed to any interested party.
F.
Any proposed amendment, supplement, change, modification or repeal shall be adopted by ordinance; provided however, that in case of a protest against such change duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds (⅔) of all the members of the Board of Aldermen.
[1]
State Law Reference — Similar provisions, §89.060, RSMo.