[Ord. No. 336 Art. 2, 12-14-1999]
For the purpose of this Chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure" and the word "shall" is mandatory and not directory.
ABANDONMENTTo cease or discontinue a use or activity for a period of one hundred twenty (120) days other than during periods of remodeling, maintaining or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure. The one hundred twenty (120) day period shall begin when normal utilities such as water, sewer, gas, electric and telephone are terminated.
ABUTTINGHaving a common border with or being separated from such a common border by a right-of-way, alley or easement.
ACCESSORY BUILDING OR USEA subordinate building or a portion of the main building, the use of which is incidental to that of the dominant use of the main building or land. An accessory use is one which is incidental to the main use of the premises.
AGRICULTUREThe use of land for agricultural purposes including farming, dairying, pasturage, horticulture and animal and poultry husbandry, fruit and nursing stock, fish farms, harvesting, processing, packaging, packing, shipping and selling of products produced on the premises, incidental farm occupations and uses such as machinery, farm equipment.
ALLEYA public or private way permanently reserved as a secondary means of access to abutting property.
APARTMENTA room or suite of rooms used as a dwelling of a family, including bath and culinary accommodations, which occupies less than an entire building.
AUTOMOBILE SERVICE STATIONAny land, structure or premises used for the sale at retail of motor vehicle fuel, oils or accessories, or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacing of motors, bodies or fenders of motor vehicles or painting motor vehicles, public garages and the open storage of rental vehicles or trailers.
BAR AND/OR COCKTAIL LOUNGEAny premises wherein alcoholic beverages are sold at retail for consumption on the premises and minors are excluded from by law. It shall not mean a premises wherein such beverages are sold in conjunction with the sale of food for consumption on the premises and the sale of said beverages comprise less than twenty-five percent (25%) of gross receipts.
BASEMENTStory having part but not more than one-half (½) of its height above grade and used for storage, garages for use of occupants of the building or other utilities common to the rest of the building. A basement used for the above purposes shall not be counted as a story.
BILLBOARDA sign that identifies or communicates a commercial or non-commercial message related to an activity conducted, a service rendered or a commodity sold at a location other than where the sign is located.
BOARDING HOUSEA building other than a hotel where, for compensation and by arrangement, meals or lodging are provided. The operator of the inn shall live on the premises or in adjacent premises.
BUFFER STRIPA landscaped area, including fences, intended to separate and partially obstruct the view of two (2) adjacent land uses or properties from one another.
BUILDINGAny structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.
BUILDING HEIGHTThe vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.
BUILDING LINEThe line parallel to the street line that passes through the point of the principal building nearest the front line. The term "principal building" does not include covered unenclosed porches and/or steps that do not extend over eight (8) feet.
BUILDING PERMITA permit issued by the Building/Zoning Officer indicating the proposed construction work is in conformity with the requirements of these regulations and may, therefore, proceed.
CLUSTER DEVELOPMENTA development design that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive areas.
COMPREHENSIVE PLANAlso known as the Master Plan. The compilation of policy statements, goals, standards and maps for guiding the physical, social and economic development, both private and public, of Country Club Village, Missouri, and its surrounding environment.
CONDITIONAL USEGranted when the strict application of the zoning regulations would create an undue hardship. The applicant may request relief from the Planning and Zoning Commission. Said conditions should be set forth by the Planning and Zoning Commission.
CUL-DE-SACA permanent street terminating at one (1) end without connecting with any other road and designed so that it cannot be extended further without taking property not dedicated to a street.
CULVERTA traverse drain that channels under a bridge, street or driveway.
DENSITYNumber of dwelling units per acre.
DETACHEDA building which does not have a wall, roof or other structural member in common with or in contact with another building.
DEVELOPTo construct any structure or to install any improvements on a tract of land or to undertake any activity (such as grading) in preparation therefor.
DISTRICTA section or sections of the Village for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of use are uniform.
DRIVE-IN OR DRIVE-THROUGH ESTABLISHMENTSA place of business being operated for the retail sale of food and other goods, services or entertainment wherein patrons may be served or otherwise conduct their business while remaining in their automobiles. A restaurant which does not provide at least fifteen (15) seats within the enclosed interior of the building shall be considered a drive-in establishment.
DWELLINGA building or portion thereof intended for occupancy for residential purposes but not including hotels, motels, rooming houses, nursing homes, temporary shelters, tourist homes and trailers.
DWELLING, MULTIPLEA building designed for or occupied exclusively by more than two (2) families.
EASEMENTAuthorization by property owner for use by the public, corporation, or another person or entity for a specific purpose of any designated part of his/her property for the purpose of connecting and maintaining utilities including, but not limited to, sanitary sewers, water mains, electric lines, telephone lines, storm sewer or storm drainage ways and gas lines.
FAMILYA group of one (1) or more persons occupying premises and living as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from a group occupying a boarding house or hotel as defined herein. Any group consisting of more than four (4) persons unrelated by birth or marriage shall not be considered a family.
FENCEA protective, confining or decorative barrier separate from any building and not including any living plant material.
FLEA MARKETAn occasional or periodic market held in an open area or structure where groups of individual sellers offer goods for sale to the public from individual, independent locations or stalls.
FLOOD AREAThe sum of the areas of the number of floors in a building, including areas used for human occupancy in basements and attics, as measured from the extension faces of the walls. It does not include cellars, unenclosed porches or attics not used for human occupancy or any floor space in an accessory building. However, if a cellar or basement is used for commercial purposes, it shall be counted as floor area in computing off-street parking requirements.
FLOODPLAINLands which are subject to periodic flooding and have been defined by the Soil Conservation Service of the U.S. Department of Agriculture to have alluvial soil deposits, indicating that such flooding has taken place, as defined by any technically qualified engineer and accepted by the Board of Trustees as such a floodplain with approval of the Missouri Department of Natural Resources.
FOSTER HOMEA residence or building in which more than twelve (12) hour care is provided to no more than five (5) children, two (2) or more of which are unrelated to the foster parents. Foster homes shall be permitted in all residential districts, the same as would a family.
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 which is accessory. Not more than one (1) of the vehicles may be a commercial vehicle of not more than two (2) ton capacity.
GARAGE, PUBLICA building or portion thereof, other than a private or storage garage, designed or used for equipment, repairing, hiring, selling or storing motor-driven vehicles.
GARAGE SALESAll general sales, open to the public at periodic or irregular intervals, conducted from or on a residential premises for the purpose of disposing of personal property. Garage sales shall include "lawn", "yard", "attic", "porch", "room", "back yard" or "patio" sales. This definition shall not include a situation where no more than five (5) specific items are held out for sale and all advertisement of such sale specifically names those items to be sold.
GOVERNING BODYThe Board of Trustees of Country Club Village, Missouri.
GRADEAverage level of the finished surface of the ground adjacent to the exterior walls of the building.
GROUP HOMEA dwelling in which eight (8) or less unrelated mentally or physically handicapped persons reside and may include up to 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. The exterior appearance of the home must be compatible with the neighborhood in which it is located.
HISTORIC DISTRICTAn area containing buildings or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural, artistic heritage of the community of such significance as to warrant conservation and preservation.
HOME OCCUPATIONA business, profession, service or trade conducted for gain or support entirely within a residential building. (See Section
405.270.)
HOSPITALA building or group of buildings having room facilities for one (1) or more abiding patients used for providing services for the inpatient, medical or surgical care of ill or injured humans and which may include related facilities, central service facilities and staff offices; provided however, that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operation.
HOTELA building in which lodging or boarding are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contrast to a boarding house or an apartment house which are separately defined in this Section.
INDUSTRIAL PARKA planned coordinated development of a tract of land for a variety of industrial and related activities. The project is developed or controlled by one (1) proprietary interest. It has an enforceable master plan and/or covenants, conditions and restrictions that may be more restrictive than this Chapter.
JUNK YARDAny establishment, place of business or place of storage or deposit which is maintained, operated or used for storing, keeping, buying or selling junk, wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts which are stored, salvaged or sold.
KENNELAny place, area, building or structure where dogs or cats or other household domestic pets are boarded, bred, housed, cared for, fed or trained by someone other than the owner. The occasional raising and sales of a litter of kittens or puppies or other household domestic pets shall not constitute a kennel.
LANDFILLA disposal site employing an engineering method of disposing of solid waste in a manner that minimizes environmental hazards by spreading, compacting to the smallest volume and applying cover material over exposed waste at the end of each operating day.
LOTA piece, parcel or tract of land which is located within a single block fronting on a dedicated public street and is equipped or utilized or designated to be occupied, developed or utilized as a unit under single ownership or control for a principal use and uses accessory thereto, together with such open spaces as are required by this Chapter.
LOT AREAThe product of the width multiplied by the length of a lot.
LOT, CORNERA lot abutting upon two (2) or more streets at their intersection.
LOT DEPTHThe mean horizontal distance between the front and the rear lot lines.
LOT OF RECORDA lot which is part of a subdivision, the map of which has been recorded in the office of the Recorder of Deeds of the County, or a parcel of land, the deed of which was recorded in the office of the Recorder of Deeds prior to the adoption of this regulation.
MANUFACTURED HOMEA factory-built single-family dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards (42 United States Code, Section 5401). Such structure is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site and which does not have permanently attached to its body or frame any wheels or axles and is installed on a permanent, load-bearing foundation. Such dwelling shall be compatible in appearance with surrounding residential structures. A mobile home or modular home is not a manufactured home. Upon construction, such units are indistinguishable in appearance from conventionally built structures. For the purposes of this Chapter, manufactured homes are considered as permissible single-family dwellings in appropriate districts.
MEDICAL 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 apothecary.
MOBILE HOMEA structure, transportable in one (1) or more sections, which has a body width of eight (8) feet or more and a body length of thirty-six (36) feet or more 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.
MOBILE HOME PARKAn area, piece, parcel, tract or plot of ground equipped and required for support of mobile homes and used or intended to be used by one (1) or more occupied mobile homes, but under no circumstance shall the mobile home spaces be sold or offered for sale individually. The term "mobile home park" does not include sales lots on which unoccupied mobile homes, whether new or used, are parked for the purposes of storage, inspection or sale.
MODULAR HOMEA dwelling unit fabricated at an off-site manufacturing facility for installation, assembly at the building site or to be incorporated with similar units at a building site for use in residential, commercial, educational or industrial settings.
MOTELA building or group of buildings, including either separate units or a row of units, which:
1. Contain living or sleeping accommodations primarily for transient occupancy, and
2. Provide one (1) off-street parking space on the same lot for each individual living or sleeping unit.
NON-CONFORMING USEA lawful condition of a structure or land which does not conform to the regulations of the district in which it is situated. This shall include, but is not limited to, conform to use, height, area, coverage or off-street parking requirements.
NON-CONFORMING USE PERMITA permit issued by the Building/Zoning Officer indicating a use lawfully in existence on the effective date of this Chapter and not conforming to the regulations for the district in which it is situated.
NURSING HOMEAn institution or agency licensed by the State of Missouri for the aged, chronically ill or incurable persons in which three (3) or more persons not of the immediate family are received, kept and provided with food or shelter and care for compensation but not including hospitals, clinics and similar institutions devoted primarily to the diagnosis, treatment or care of the sick or injured.
OCCUPANCY PERMITA permit issued by the Building/Zoning Officer indicating that a newly completed structure complies with all pertinent requirements of these regulations and may, therefore, be occupied or used.
OFFICEA building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations.
PARCELA contiguous lot or tract of land owned and recorded as the property of the same person or controlled by a single entity.
PARKAn area open to the general public and reserved for recreational, educational or scenic purposes.
PARKING AREAAn open, unoccupied space used or required for use for parking of vehicles exclusively and in which no gasoline or vehicular accessories are sold or other business is conducted and no fees are charged.
PARKING LOTAn opened surface area used exclusively for the temporary storage of motor vehicles, but on which vehicles may be equipped, repaired, rented or sold.
PARKING SPACEA surfaced area, enclosed in the main building or unenclosed, having an area of not less than one hundred sixty-two (162) square feet, exclusive of driveways, permanently reserved for the temporary storage of one (1) automobile and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for automobiles.
PERFORMANCE OR SURETY BONDAn agreement between a subdivider or developer with the Village for an amount specified by the Village Board which guarantees completion of physical improvements according to plans and specifications within the time prescribed in the agreement.
PLANNED UNIT DEVELOPMENTA development of land that is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages.
PORCHA covered entrance to a building, usually with a separate roof, that may or may not be enclosed or a roofed, open gallery attached to the extension of a building.
PRIVATE CLUBA non-profit association of persons who are bonafide members paying annual dues which owns, hires or leases a building or premises being restricted to members and their guest. The affairs and management of such private clubs are conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting. It shall be permissible to serve goods and meals on such premises providing adequate dining room space and kitchen facilities are available.
RECREATIONAL CAMPING VEHICLEAny of the following:
1. CAMPING TRAILERA folding structure mounted on wheels and designed for travel, recreation and vacation use.
2. MOTOR HOMEA portable, temporary dwelling to be used for travel, recreation and vacation constructed as an integral part of a self-propelled vehicle.
3. PICKUP COACHA structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.
4. TRAVEL TRAILERA vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses permanently identified "travel trailer" by the manufacturer of the trailer or a home-built trailer used for such purpose.
RESTAURANTA public eating establishment at which the primary function is the preparation and serving of food. This includes cafes, cafeterias and similar establishments.
RIGHT-OF-WAYA strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees or other special use.
RUMMAGE SALESThe sale of personal property or donated goods where the proceeds therefrom shall be utilized by a non-profit or charitable organization.
SCHEDULE OF FEESA listing of assorted costs and charges authorized by Village ordinance and included by reference in this order. This schedule shall be updated periodically by the Village Board of Trustees.
SCREENINGThe method by which the view of one site from another adjacent site is shielded, concealed or hidden. Screening techniques include fences, walls, hedges, beams or other features used as a means of visual and noise control.
SELF-SERVICE STORAGE FACILITYA building or structure consisting of individual, small, selfcontained units that are leased or rented for the storage of business and household goods or contractor supplies.
SERVICE STATIONAny premises where gasoline and other petroleum products are sold and/or light maintenance activities such as engine tune-ups, lubrication, minor repairs and carburetor cleaning are conducted. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting and body fender work are conducted.
SETBACKDistance from the right-of-way line to the building for the purpose of defining limits within which no building or structure or any part thereof shall be erected or permanently maintained.
SHOPPING CENTERA group or groups of three (3) or more commercial establishments developed in accordance to an overall plan and designed and built as an interrelated project.
SIDEWALKThat portion of the road right-of-way outside the roadway which is provided for pedestrian traffic.
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.
SITE PLANA site plan shall be required for all building permits. The plan shall be neatly drawn, clearly showing the lot dimensions; location on the lots of existing buildings (if any) including existing buildings dimensions; and measured front, rear and yard setbacks from the lot lines of all buildings. The setback distances shall be shown on both any existing and proposed structures. The locations of driveways and sidewalks (both existing and proposed) shall be shown on the site plan. The site plan drawing shall also have the name of the street or roadway upon which the lot fronts, a north arrow and the lot number. The same information is required for matters requiring action by the Planning Commission or Zoning Board of Appeals.
This definition contains the minimum requirements for a site plan on most normal lot layouts. Additional information may be required if unusual or environmental circumstances warrant.
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 is no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALFA partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than three (3) feet above the floor of such story; except that any partial story used for residential purposes, other than for a janitor or caretaker or his/her family or by a family occupying the floor immediately below it, shall be deemed a full story.
STREETSThe entire width between property lines of a way or place dedicated, acquired or intended for the purpose of public use for vehicular traffic or access other than an alley.
1. ARTERIALA street which provides direct access to abutting land and local traffic movement whether in business, industrial or residential areas.
2. COLLECTORA street which provides for traffic movement between arterials and local streets with direct access to abutting property.
3. LOCALA street which provides direct access to adjacent property and local traffic movement whether in business industrial or residential areas. Normally such streets do not carry through traffic and have low vehicle speeds.
STREET LINEDividing line between a lot, tract or parcel of land and a contiguous street.
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.
STRUCTURAL ALTERATIONAny 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:
1. Attachment of a new front where structural supports are not changed.
2. Addition of fire escapes where structural supports have not changed.
3. New windows where lintels and support walls are not materially changed.
4. Repair or replacement of non-structural members.
TRAILEREvery vehicle without motive power designed or used for carrying persons or property and for being drawn by an outside power source.
VARIANCEA modification or variation of the strict provisions of this Chapter, as applied to a specific piece of property, in order to provide relief for a property owner because of undue hardship which will result in peculiar and exceptional practical difficulties or exceptional and undue hardship as imposed by this Chapter. A variance shall normally be limited to height, bulk, density and yard requirements.
YARDAn open space at grade between a building and the adjoining lot lines, open, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in these regulations. 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 the rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
YARD, FRONTA yard extending across the full width of the lot, the depth of which is the least distance between the 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.
ZONE OR DISTRICTA section of the zoning area for which uniform regulation governing the use, height, area, size and intensity of use of buildings, land and open space are herein established.
ZONING REGULATIONSThe term "zoning regulations" or "this or these regulations" or "zoning order" or "this order" shall mean the requirements stipulated in the regulations in this Chapter.