For the purpose of promoting the health, safety, morals or the general welfare of the city, the board of aldermen deems it necessary to adopt these regulations designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements.

(Prior Code, § 42.010; Ord. No. 2671, § 1(42.010), 5-24-2018)

This chapter shall be known and may be cited and referred to as the zoning ordinance of the city.

(Ord. No. 2671, § 1(42.020), 5-24-2018)

Words used in the present tense include the future; words in the singular number include the plural; and words in the plural number include the singular; the term "building" includes the term "structure"; the term "shall" or the term "must" is always mandatory; and the term "used for" includes the meaning "designed for" or "intended for." 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:

Accessory building or use means a subordinate building having a use customarily incident to and located on the lot occupied by the main building; or a use customarily incident to the main use of the property.

Advertising devices means banners or streamers affixed to poles, wires, or ropes, wind-operated devices, flashing or animated lights, or other similar contrivances.

Agricultural activity means the growing of grains, hay, or other crops and the raising of such poultry and stock as are incidental to the acreage farmed, provided, however, that such land shall consist of at least ten acres in one parcel or in contiguous parcels under common ownership or operation. The term "agricultural activity" includes the storage of crops, grains, feed, or other products; limited to storage of those products raised on or to be consumed on the premises. The disposal of community or collected garbage, the raising of fur-bearing animals, boarding stables, and commercial feed lots shall not be considered agricultural activities.

Alley means a minor way affording secondary access to properties which otherwise abut on a street.

Amusement center means a place in which games, including, but not limited to, pinball machines, electronic video games, table games and billiard tables are made available for use by the public.

Apartment means a room or a suite of rooms within an apartment house arranged, intended, or designed for a place of residence of a single-family or group of individuals living together as a single housekeeping unit.

Apartment house means a building arranged, intended, or designed for more than two-family units.

Basement home means a building or improvement designed or utilized exclusively for residential occupancy, but which lies wholly or partially below the existing grade of the property on which the building or improvement is located and which was designed to or could serve as a basement for a dwelling. The term "basement home" shall not include sub-grade energy-efficient dwellings.

Bed and breakfast means an establishment used for dwelling purposes in which rooms, with or without meals, are offered to transient guests for compensation.

Boardinghouse means a building, other than a hotel or apartment hotel, where, for compensation and by pre-arrangement for definite periods, lodging, meals, or lodging and meals are provided for three or more persons.

Building means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property.

Building, height of, means the vertical distance from the grade to the highest point of a flat roof, the dock line of a mansard roof, or the average height between eaves and ridge for gable, hip and gambrel roofs.

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.

Commercial feed lot means an area of land primarily devoted to buying, raising, feeding, or selling of livestock under dry lot or confined conditions, where the operation is not part of normal agricultural activity.

Court means an open, unoccupied space, other than yard, bounded on three or more sides by exterior walls of a building, or by exterior walls of a building and lot lines on which walls are allowable.

Commission means the planning and zoning commission of the city.

Condominium means a structure or complex of buildings containing two or more individually owned units, apartments or houses separated by shared walls.

Customary home occupation means customary home occupations including the professional office or studio of an architect, artist, dentist, doctor, engineer, lawyer, planner, scientist, teacher, beautician, barber, or occupations such as handicraft, dressmaking, millinery, laundry, preserving, and home cooking; provided that such occupations shall be conducted exclusively by the resident occupant, that not more than one-quarter of the area of one floor of the residence shall be used for such purposes, and that no structural alterations or constructions involving features not customarily found in dwellings are required.

Daycare facilities means those facilities providing care of a child away from his own home for any part of the 24-hour day, for compensation or otherwise, and as regulated by the state division of family services, as regulated by RSMo ch. 210, including those facilities which do not require formal licensure under such regulations.

Drive-in establishments means any financial institution, or product vending enterprise, not including restaurants, where the patron does not enter and/or remain within a building during the transaction of his business.

Dwelling means a building or portion thereof, designed exclusively for residential occupancy, including one-family, two-family, and multiple dwellings, boardinghouses and lodginghouses, apartment houses and townhouses.

Face of building means the total area of the main wall or a building, including windows, doors, and openings, that abuts the front yard of a building or walls that are located on the front property line. On corner lots, the term "face of building" includes main walls facing the front yard and side yard or main walls fronting on all front and side property lines.

Family means one or more persons who are related by blood or marriage, living together and occupying a single housekeeping unit with single kitchen facilities or a group of not more than five living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities on a nonprofit cost-sharing basis.

Flea market means a market, usually in the open air, selling antiques, used household goods, and curios.

Garage sale, for purpose of this chapter, means the sale or offering for sale to the public of personal property on any portion of a lot, whether within or outside of any building, provided that no such garage sale shall include the sale of motor vehicles or industrial or commercial equipment.

Greenhouse means a structure used for cultivating plants that require controlled temperature and humidity. The greenhouse must not exceed in floor area 25 percent of the ground floor area of the main building.

Greenhouse, commercial, means a structure used for cultivating plants that require controlled temperature and humidity.

Hotel means a building in which lodging is provided and offered to the public for compensation, and which is open to transient guests in contradistinction to a boardinghouse or lodginghouse as herein defined.

Kennel means the keeping of or harboring of a total of four or more adult dogs, or four or more adult cats, over the age of six months.

Lot means a parcel of land occupied or intended for occupancy for a use permitted in this chapter, including one main building, together with its accessory buildings, open spaces and parking spaces required by this chapter, and having its principal frontage upon a street.

Lot, corner, means a lot abutting upon two or more streets at their intersection.

Lot lines means the lines bounding a lot as defined herein.

Lot line, front, means the boundary between a lot and the street on which it fronts.

Lot line, rear, means the boundary line which is opposite and the furthest distance from the front street line.

Lot line, side, means any lot boundary line not a front or rear line thereof, a side line may be a party lot line, a line bordering on an alley or place or a side street line.

Lot depth means the mean horizontal distance from the front street line to the rear line.

Lot width means the horizontal distance between side lines, measured at the front building line.

Lot of record means a lot or parcel of land the plat or deed of which has been recorded.

Mobile and/or manufactured home court means a tract of land where five or more mobile and/or manufactured home spaces are offered for rent.

Mobile home means a transportable, factory-built home more than eight feet in width or more than 36 feet in length, designed to be used as a year-round residential dwelling, and equipped with the necessary service connections and made to be readily movable as a unit on its own running gear and designed to be used as a dwelling unit without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the dwelling unit placed thereon may be moved from time to time at the convenience of the owner. For the purposes of this chapter, there shall be included within the definition of the term "mobile home" those manufactured homes which are commonly referred to or known as single-wide manufactured homes. Mobile homes shall only be allowed in RM-1 and RM-2 zoned districts.

Manufactured home means a factory-built structure containing two or more units that is manufactured or constructed under the authority of 42 USC 5401 and is to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles. A mobile home is not a manufactured home.

Mini-storage facility means a mini-storage facility is considered a self-service rental storage facility under 10,000 square feet with no dock facilities.

Mobile and/or manufactured home space means an area with utility connections which is occupied or designed to be occupied by an inhabited mobile and/or manufactured home.

Modular home means to quality as a modular home a dwelling unit must meet all the following criteria:

(1)

The dwelling unit arrives at its permanent erection site after fabrication on a wheeled dolly or flatbed.

(2)

The dwelling unit arrives at the site in two or more component parts which are permanently joined together at the site.

(3)

The dwelling unit is to be permanently attached to a permanent foundation.

(4)

A modular home shall be deemed to be a standard single-family dwelling and shall be subject to all requirements of a single-family dwelling.

Motel means any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located on the lot, and designed, used, or intended wholly or in part for the accommodation of automobile transients.

Nonconforming use means any building or land lawfully occupied by a use at the time of passage of the ordinance from which this chapter is derived which does not conform with the use regulations of the district within which it is located.

Nursing home means a home for the aged or infirm in which three or more persons not of the immediate family are received, kept or provided with food and shelter, or care for compensations; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

Nursery means an area devoted to the raising and care of trees, shrubs or similar plant materials. A nursery building must not exceed in floor area 25 percent of the ground floor area of the main building.

Nursery, commercial, means an area devoted to the raising and care of trees, shrubs or similar plant materials.

Parking space means a surfaced area not less than ten feet wide and 22 feet long, either within a structure or in the open. The parking space must be served with a driveway which provides access to a street or alley.

Premises means a lot together with all buildings and structures thereon.

Residential care facility means a building where, for compensation, meals, lodging and care are provided. At least one care provider shall be on duty always, but this individual need not be a registered nurse.

Restaurant means an establishment deriving over 50 percent of gross revenue from the sale of food and drink, not including alcoholic beverages.

Restaurant, drive-in, means an establishment deriving over 50 percent of gross revenue from the sale of food and drink, not including alcoholic beverages; and which functions as a retail outlet where food or beverages are sold and delivered to patrons in parked motor vehicles.

Restaurant, drive-through, means an establishment deriving over 50 percent of gross revenue from the sale of food and drink, not including alcoholic beverages, where food and/or beverages are sold in a form ready for consumption and where ordering and pickup of food may take place standing or from an automobile.

Restaurant with drive-through window means an establishment deriving over 50 percent of gross revenue from the sale of food and drink, not including alcoholic beverages, where food and/or beverages are sold in a form ready for consumption and where ordering and pickup of food may take place from inside a building or through a drive-through window.

Rummage sale means a sale of assorted secondhand objects contributed by donors to raise money for a charity. A rummage sale is a sale of unclaimed or excess goods, as at a warehouse.

Sign means an identification, description, illustration, or device that is affixed to or represented directly or indirectly upon a building, structure, or land and that directs attention to a product, place, activity, person, idea, institution, or business.

Sub-grade, energy-efficient dwelling, means a building or improvement designed exclusively for residential occupancy, which lies wholly or partially below the existing grade of the property on which the building or improvement is located, which is complete and finished in every respect and which is incapable of serving as a basement of a dwelling with floors which would lie entirely above grade.

Street means a public right-of-way which provides a public means of access to abutting property. The term "street" includes avenue, drive, circle, court, road, parkway, boulevard, highway, way, traffic way, thoroughfare or any other similar term.

Street or highway frontage means the distance along any one side of any public street or highway, street or alley, measure along the right-of-way line or parallel to the normal right-of-way line where the right-of-way line is not fixed.

Street line means the dividing line between the street and the abutting property.

Structure means anything constructed or erected, which requires location on the ground, or attached to something having a location on the ground; including, but not limited to, signs, and excepting customary utility poles, retaining walls, and boundary fences.

Structural alterations means any change in the supporting members of a building, such as bearing walls, columns, beams, or girders.

Tavern means a place where liquors are to be sold for consumption on the premises, where the sales constitute most of the sale made on the premises. Restaurants shall not constitute taverns for purposes of this chapter.

Truck gardening means the raising of food crops for use by the owner of the property on which the food crops are grown or for sale at retail by the owner of the property on which food crops are grown.

Variance means a variation from a specific requirement of this chapter, as applied to a specific piece of property, as distinct from rezoning.

Warehouse facility means a building or structure over 10,000 square feet with dock facilities for loading and unloading products and materials; the building or structure to be used for commercial storage and wholesale distribution for all materials and products, except for feed, fertilizer, grain, soil conditions, asphalt, brick, cement, gravel, rock, sand, and similar construction materials, fuels, or any material defined by the Environmental Protection Agency or Department of Natural Resources as being a hazardous material. Any such warehouse shall be no less than 75 feet from any neighboring residential zone. All operations associated with the warehouse shall be conducted within a fully enclosed building, or, if operations are conducted in an open yard, the yard must be screened to make the operations not visible at human eye level within 300 feet of any residential zone.

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.

(Prior Code, § 42.030; Ord. No. 1327, 2-11-2002; Ord. No. 2671, § 1(42.030), 5-24-2018)

In interpreting and applying the provisions of this chapter, they shall be held to the minimum requirements for the promotion of the health, safety, morals, or general welfare. Whenever this chapter requires a greater width or size of yards, courts, or other open spaces, or requires a lower height of building or less number of stories or requires a greater percentage of lot to be left unoccupied or imposed higher standards than are required in any other statute or local ordinance or regulations, the regulations of this chapter shall govern.

(Prior Code, § 42.1900; Ord. No. 2671, § 1(42.1900), 5-24-2018)

(a)

In case any structure is erected, constructed or reconstructed, altered, converted, or maintained, or any building, structure, or land is used in violation of this chapter, the proper local authorities of the city, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance; or use, to restrain, correct, or abate such violation; to prevent the occupancy of the building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about such premises.

(b)

The owner or general agent of a building or premises where a violation of any provision of this chapter has been committed or shall exist, or the owner, general agent, lessee, or tenant of any part of the building or premises where such violation has been committed or shall exist, or general agent, architect, builder, contractor, or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be subject to a fine of not less than $10.00 and not more than $250.00 for each and every day that such violation continues after due notice as provided herein, but if the offense be willful, on conviction thereof, the punishment shall be a fine of not less than $250.00, nor more than $500.00, for each and every day that such violation shall continue. Any person who, having been served with an order to remove any such violation, shall fail to comply with such order within ten days after such service or shall continue to violate any provision of the regulations made under authority of this chapter in the respect named in such order, shall also be subject to a civil penalty of $250.00.

(Prior Code, § 42.1910; Ord. No. 2671, § 1(42.1910), 5-24-2018)

In case any portion of this chapter shall be held to be invalid or unconstitutional, the remainder of the chapter shall not thereby be invalid, but shall be in full force and effect.

(Ord. No. 2671, § 1(42.1920), 5-24-2018)