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Duquesne City Zoning Code

SECTION 404

010 Definitions.

[R.O. 2004 § 404.010; Ord. No. 106 § 1, 7-21-2008]
A. 
For the purpose of this Chapter, words used in the present tense include the future, the singular includes the plural and plural singular, the word "lot" includes the word "plot," the word "used" includes "designated" or "intended to be used," the word "building" includes the word "structure" and the word "shall" is mandatory and not discretionary.
B. 
The following terms, unless a contrary meaning is required by the context is specifically prescribed, shall have the meanings indicated:
ACCESSORY BUILDING AND USE
A subordinate building located on the same lot with the main building or a subordinate use of land, either of which is customarily incident to the main building or to the principal use of the land. Where a substantial part of the wall of an accessory building is a part of the wall of the main building or where an accessory building is attached to the main building in a substantial manner, as by a roof, such accessory building shall be counted as part of the main building.
ACCESSORY BUILDING, ATTACHED
An accessory building sharing a common wall, continuous roofline, and construction style and materials of the main dwelling unit.
[Ord. No. 348, 10-19-2017]
ACCESSORY BUILDING, DETACHED
An accessory building not sharing a common wall, continuous roofline, and construction style and materials of the main dwelling unit.
[Ord. No. 348, 10-19-2017]
ACCESSORY LIVING QUARTERS
Living quarters with an accessory building, for the sole use of persons employed on the premises, having kitchen facilities and not rented or otherwise used as a separate dwelling.
ALLEY
A permanent public serviceway which affords only a secondary means of access to abutting property.
APARTMENT HOTEL
A building or portion thereof used for or containing both individual guest rooms or suites of rooms and dwelling units designated for more or less temporary occupancy.
BASEMENT
A story partly underground and having at least one-half (1/2) of its height above the average level of the adjoining ground.
BED AND BREAKFAST
A family home occupied as a permanent dwelling by the proprietor, in which lodging and meals are provided for time-limited duration to not more than four (4) groups of patrons in a twenty-four-hour period.
BILLBOARD
A structure primarily used as a flat surface upon which advertisements are pasted, painted, electronic or otherwise affixed.
BOARDING HOUSE/LODGING HOUSE
A building, other than a hotel, where lodging with or without meals for five (5) or more persons is provided for compensation. A boarding house may also include the dwelling unit occupied by the owner or operator.
BUFFER ZONE
A strip of land separating two (2) zoning districts.
BUILDING
Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels. When any portion thereof is completely separated from every other person thereof by a division wall without openings, then each such portion shall be deemed a separate building.
BUILDING INSPECTOR
An inspection official appointed by the City charged with enforcement of Building Codes and such other ordinances as may be assigned.
BUILDING LINE
A building limit fixed at a specific distance from the front, rear or side boundaries of a lot beyond which a structure cannot lawfully extend.
BUILDING SETBACK LINE
The line nearest the street and across a lot establishing the minimum open space to be provided between buildings and specified structures and street lines.
BUILDING, DETACHED
A building having no party wall in common with another building.
BUILDING, HEIGHT OF
The vertical distance measured from the adjoining curb grade at a point opposite the center of the principal frontage of the building to the highest point of ceiling of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between the eaves and ridge of a gable, hip or gambrel roof. Where buildings are set back from the street line, the height of a building may be measured from the average elevation of the finished lot grade at the front of the building.
BUILDING, NON-CONFORMING
A legally existing building which fails to comply with the regulations set forth in this Chapter applicable to the district in which this building is located.
BUILDING, SEMIDETACHED
A building having one (1) party wall in common with an adjacent building.
CARPORT
Anything constructed or erected that is more or less open on three (3) sides and having a roof with the purpose of protecting a vehicle from the weather and providing the occupants with protection for entering or exiting the vehicle. A carport will be subject to setback regulations of all existing zoning requirements and is considered an accessory building.
CELLAR
A story having more than one-half (1/2) of its height below the average level of the adjoining ground.
CEMETERY
Land used for the burial of the dead and dedicated for cemetery purposes, including mausoleums when operated in conjunction with and within the boundary of such cemetery.
CITY
The City of Duquesne, Missouri.
COMMISSION
Planning and Zoning Commission.
CURB LEVEL
The level of the established curb in front of the building measured at the center of such front. Where no curb has been established, the Building Inspector shall establish such curb level or its equivalent for the purpose of this Chapter.
DAY CARE CENTER
A child care program conducted in a location other than the provider's permanent residence or separate from the provider's living quarters, where care is provided for children not related to the child care provider for any part of the twenty-four-hour day. The number of children allowed within a child day care center is to be regulated by the licensing agency of the State of Missouri.
DAY CARE HOME — FAMILY
A child care program where care is given by a person licensed as a family day care home provider for no more than ten (10) children not related to the provider for any part of the twenty-four-hour day. The child care program is within the provider's permanent residence.
DAY CARE HOME — GROUP
A child care program where care is given by a person licensed as a group day care home provider for eleven (11), but not more than twenty (20), children not related to the child care provider for any part of the twenty-four-hour day. A group day care home shall be in a location other than the provider's permanent residence or separate from the provider's living quarters.
DEPARTMENT OF NATURAL RESOURCES
The Missouri Department of Natural Resources (MoDNR).
DWELLING
A building or portion thereof used exclusively for residential occupancy, including one-family, two-family and multifamily dwellings, but not including hotels, motels, lodging or boarding houses or tourist homes.
DWELLING UNIT
A building or portion thereof used by one (1) family for cooking, living and sleeping purposes.
DWELLING, MULTIFAMILY
A building or portion thereof used for occupancy by three (3) or more families living independently of each other and doing their own cooking in said building, including apartments, group houses and row houses.
DWELLING, ONE-FAMILY
A detached building used for residential occupancy by one (1) family.
DWELLING, TWO-FAMILY
A detached or semidetached building used for residential occupancy by two (2) families living independently of each other.
EASEMENT
A grant by the property owner to a person, corporation or the public of the right to the use of designated land area for specified purposes.
EDUCATIONAL INSTITUTION
Primary or grammar, public, parochial or private school, high school, preparatory school or academy, public or founded or owned or conducted by or under the sponsorship of a religious or charitable organization; private preparatory school or academy furnishing courses of instruction substantially equivalent to the courses offered by public high schools for preparation of admission to college or universities which award B.A. or B.S. degrees; junior college, college or university, public or founded or conducted by or under the sponsorship of a religious or charitable organization; or private when not conducted as a commercial enterprise for the profit of individual owners or stockholders. This definition shall not be deemed to include trade or business schools as defined in this Section.
FAMILY
One (1) of the following:
[Ord. No. 413, 10-14-2019]
a. 
One or two individual persons plus their blood relatives and/or offspring (also included are children of adoption, foster, and children under guardianship) having a relationship which is functionally equivalent to a family. The relationship must be of a permanent and distinct character with a demonstrable and recognizable bond characteristic of a cohesive unit. Functional family does not include any society, club, fraternity, sorority, association, lodge, organization or group of students or other individuals where the common living arrangement or basis for the establishment of the housekeeping unit is temporary; a functional family may include one additional unrelated person; or
b. 
A group of up to three (3) unrelated individuals living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities on a non-profit, cost-sharing basis; or
c. 
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 any mentally or physically handicapped persons residing in the home; or
d. 
Any private residence licensed by the Division of Family Services or Department of Mental Health to provide foster care to one or more, but less than seven (7), children who are unrelated to either foster parent by blood, marriage or adoption.
GARAGE, PARKING OR STORAGE
Any building, except one (1) herein defined as a private garage, used exclusively for parking of self-propelled vehicles and with not more than two (2) pumps for the incidental sale of gasoline.
GARAGE, PRIVATE
A detached accessory building or portion of a main building used for the storage of self-propelled vehicles where the capacity does not exceed three (3) licensed vehicles or not more than one (1) per family housed in the building to which such garage is accessory, whichever is the greater, and not more than one (1) vehicle stored in such garage shall be a commercial vehicle. Storage space for not more than three (3) vehicles may be rented for vehicles of other occupants of the building to which such garage is an accessory.
GARAGE, PUBLIC OR REPAIR
Any premises, except those described as a private or parking garage, used for the storage or care of self-propelled vehicles or where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.
GROUND FLOOR AREA
The square foot area of a building within its largest outside dimensions, exclusive of open porches, breezeways, terraces, garages, exterior stairways and secondary stairways.
GROUP HOME
Includes 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.
GROUP HOUSES
A group of dwellings not more than two (2) rooms deep facing upon a place as herein defined.
HOME OCCUPATION OR PROFESSION
Any use customarily conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof and in connection with which there is no display, no stock-in-trade, no outside storage of equipment, no commodity sold upon the premises and not more than two (2) persons engaged in such occupation.
HOSPITAL
Includes "sanitarium," "sanitorium" or "clinic," provided such institution is operated by or treatment given under direct supervision of a physician licensed to practice by the State of Missouri.
HOTEL
A building or portion thereof used as the more or less temporary abiding place of individuals who are lodged with or without meals and in which there are more than twelve (12) sleeping rooms usually occupied singly and in which provision for cooking is made preponderantly in a central kitchen.
JUNK YARD, INCLUDING AUTOMOBILE WRECKING
A lot or part thereof used for the storage, keeping or abandonment of junk, including scrap metal or other vehicles or machinery or parts thereof.
KENNEL
Any person who shall own, keep or harbor on his/her premises more than three (3) dogs not including the litters of such dogs under the age of six (6) months shall be deemed the owner of a kennel. Additionally, any person who shall own, keep or harbor on his/her premises of more than three (3) cats not including the litters of such cats under the age of six (6) months shall be deemed the owner of a kennel.
LIGHTING
The following terms shall be used in administering the requirements of the lighting performance standards:
a. 
CANDLEPOWERThe amount of light that will illuminate a surface of one-foot distance from a light source to an intensity of one-foot candle. Maximum (peak) candlepower is the largest amount of candlepower emitted by any lamp, light source or luminary.
b. 
CUTOFFThe point at which all light rays emitted by a lamp, light source or luminary are completely eliminated (cut off) at a specific angle above the ground.
c. 
CUTOFF ANGLEThe angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source above which no light is emitted.
d. 
CUTOFF-TYPE LUMINARYA luminary with elements such as shields, reflectors or refractor panels which direct and cut off the light at a cutoff angle that is less than ninety degrees (90°).
e. 
FOOT-CANDLEA unit of illumination produced on a surface, all points of which are one (1) foot from a uniform point source of one (1) candle.
f. 
GLAREThe brightness of a light source, which causes eye discomfort.
g. 
MAXIMUM PERMITTED ILLUMINATIONThe maximum illumination measured in foot-candles at the interior setback yard line at ground level.
LOT
A parcel of land occupied or to be occupied by one (1) main building or unit group of buildings and the accessory buildings or uses customarily incident thereto, including such open spaces as required under these regulations and having its principal frontage upon a public street or approved place. A lot as used herein may consist of one (1) or more platted lots or tract(s), as conveyed or parts thereof. In determining lot area and boundary lines, no part thereof within the limits of the street right-of-way shall be included.
LOT DEPTH
The mean horizontal distance from the front street right-of-way line to the rear property line.
LOT LINE, FRONT
The boundary between a lot and the street right-of-way on which it fronts.
LOT LINES
The lines bounding a lot as defined herein.
LOT OF RECORD
A lot which is a part of a subdivision, the map of which has been recorded in the office of the County Recorder of Deeds.
LOT WIDTH
The distance parallel to the front of a building erected or to be erected, measured between side lot lines at the building line.
LOT, CORNER
A lot at the junction of and fronting on two (2) or more intersecting streets both of which are twenty (20) feet or more in width.
LOT, INTERIOR
A lot whose side lines do not abut on any street.
LOT, THROUGH
An interior lot having frontage on two (2) parallel or approximately parallel streets.
MOTEL
A permanent building or group of buildings containing rooms used, rented or hired out for the more or less temporary occupancy of overnight guests.
PARKING AREA, PUBLIC
An open area, other than a street, used for the temporary parking of more than four (4) automobiles and available for public use, whether free, for compensation or as an accommodation for clients or customers.
PARKING SPACE (OFF-STREET)
A space on private land, accessible from a street or alley, not less than nine (9) feet wide and twenty (20) feet long, exclusive of passageways.
PLACE OR COURT
An open, unoccupied space on the same lot with a building or group of buildings and bounded on three (3) or more sides by such building or buildings.
PRIVATE DRIVE
A paved right-of-way within a planned residential development or a manufactured home park that affords the principal means of vehicular access to property abutting thereon, which right-of-way is owned, controlled, maintained and posted as a private drive by persons other than the public.
PROFESSIONAL OFFICE
The office of a person engaged in any occupation, vocation or calling, not purely commercial, mechanical or agricultural in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an act founded thereon.
RESTAURANT
A building wherein food is prepared and served in ready-to-eat form to the public for human consumption. The term "restaurant" shall include cafe, cafeteria, grill, pizza or chili parlor, diner, snack shop, hamburger shop and steak house.
RIGHT-OF-WAY
Land dedicated to a person, corporation or the public for a right of passage or use for specified purposes.
ROOMING HOUSE
A residential house of which most or some of the rooms are rented out to paying customers by the owner of the residential house. It is a place where individuals who are living in and rent in that house share the bathroom and the kitchen. The occupant of a rooming house is called a roomer.
[Ord. No. 413, 10-14-2019]
SETBACK LINE
The line generally parallel to the front, side or rear lot line establishing the minimum space to be provided as the front, side or rear yard.
SHORT-TERM RENTAL
A residential unit in which lodging is provided for time-limited durations for periods of time less than twenty-eight (28) consecutive days and may or may not be occupied by the proprietor.
[Ord. No. 487, 8-8-2022]
SIGN
Any advertisement, announcement, direction or communication produced in whole or in part by the construction, erection, affixing or placing of a structure on any land or on any other structure or produced by painting on or posting or placing any printed, lettered, pictured, figured or colored material on any building, structure or surface. Signs placed or erected by governmental agencies or non-profit civic associations for a public purpose in the public interest shall not be included herein, nor shall this include signs which are a part of the architectural design of a building.
SINGLE HOUSEKEEPING UNIT
Any household whose members are a non-transient interactive group of persons jointly occupying a dwelling unit, including joint access to and use of all common areas, including living, kitchen and eating areas within the dwelling unit, and sharing household activities, and responsibilities such as meals, chores, expenses and maintenance, and whose makeup is determined by the members of the unit rather than by the landlord, property manager, or other third party. This does not include a boarding- or rooming house.
[Ord. No. 413, 10-14-2019]
SITE PLAN
A plan or plat submitted showing uses and structures proposed for a parcel of land as required by these regulations for single-family, two-family, multifamily, commercial and industrial proposals.
STABLE, PRIVATE
A stable with capacity for not more than two (2) horses; provided, however, that the capacity of a private stable may be increased if the premises whereon such stable is located contains an area of not less than two thousand five hundred (2,500) square feet for each horse accommodated.
STABLE, PUBLIC
A stable with a capacity for more than two (2) horses.
STANDARD SPECIFICATIONS FOR PUBLIC IMPROVEMENT
A public works document for the City of Duquesne.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it or if there be no floor above it, then the space between such floor and the ceiling next above it.
STREET
A paved roadway that affords principal means of access to abutting property. Streets can be classified based on their function as follows:
a. 
HIGHWAYSA street or road of great continuity with either a single roadway or a dual roadway, which serves or is intended to serve major traffic flow. A roadway that is designated in the major street plan or is otherwise designated as a limited access highway or freeway, highway, boulevard, parkway or other equivalent term to identify those streets compromising the basic street system.
b. 
STREET, COLLECTORA street which carries or is proposed to carry intermediate volumes of traffic from minor streets to thoroughfares and which may or may not be continued.
c. 
STREET, MINORA street of limited continuity used primarily for access to abutting properties, providing for minimum speeds and traffic volumes. This includes culs-de-sac.
d. 
THOROUGHFARESA street or road of considerable continuity which serves or is intended to serve principal traffic flow between separated areas or districts and which is the main means of access to the residential street or roadway system.
STRUCTURAL ALTERATIONS
Any change in either the supporting members of a building, such as bearing walls, columns, beams or girders, interior/exterior plumbing or electrical systems and exterior walls.
STRUCTURE
Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground.
TOTAL FLOOR AREA
The square foot area of a building, including accessory buildings, measured from outside wall surfaces and including garages, porches, utility rooms, stairways, recreation rooms, storage rooms, but excluding unroofed balconies and patios.
TOURIST HOME
A building in which more than one (1) but not more than five (5) guest rooms are used to provide or offer overnight accommodations for transient guests for compensation.
TRADE OR BUSINESS SCHOOL
Secretarial school or college or business school or college, when not public and not owned or conducted by or under the sponsorship of a religious or charitable organization; school conducted as commercial enterprise for teaching industrial skills in which machinery is employed as a means of instruction. This definition shall not be deemed to include educational institutions as defined in this Section.
UNDEVELOPED LAND
Land within the City limits that has not been platted or developed.
USES, NON-CONFORMING
An existing use of land or building which was legal prior to the effective date hereof, but which fails to comply with the regulations set forth in this Chapter applicable to the district in which such use is located.
VARIANCE
A variation from a specific requirement in this Chapter, as applied to a specific piece of property, as distinct from rezoning.
YARD
A space on the same lot with a main building, open, unoccupied and unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this Chapter.
YARD, FRONT
A yard extending across the full width of the lot, the depth of which shall be the least distance between the front lot line and the nearest point of the main building or of any open, unenclosed porch or paved terrace.
YARD, REAR
A yard extending across the full width of the lot between the rearmost main building and the rear lot line, the depth of which shall be the least distance between the rear lot line and the rear of such main building.
YARD, SIDE
A yard between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard, the width of which shall be the least distance between the side lot line and the nearest point of the main building.