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. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building; or is under an extension of the main roof and designed as an integral part of the main building.

Adult daycare means providing of the services of an adult daycare program.

Adult daycare program means a group program designed to provide care and supervision to meet the needs of functionally impaired adults for periods of less than 24 hours but more than two hours per day in a place other than the adult's own home.

Agriculture means the planting, cultivating, harvesting and storage of grains, hay or plants commonly grown in the county. The raising and feeding of livestock and poultry shall be considered an agricultural venture if the area in which the livestock or poultry is kept is ten acres or more in area, and if such raising of livestock and poultry is incidental or supplemental to the raising of crops.

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 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 hotel means an apartment house which furnishes for the use of its tenants services ordinarily furnished by hotels, but the privileges of which are not primarily available to the public.

Apartment house means a building arranged, intended or designed for more than two families.

Basement means a story below the first story, counted as a story for height regulations if it is subdivided and used for dwelling purposes other than by a janitor or watchman employed on the premises.

Block means a piece or parcel of land entirely surrounded by public highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the building inspector shall determine the outline of the block.

Boardinghouse or lodginghouse means a building other than a hotel, where rooms and meals are provided as part of a prearranged agreement to one or more persons who are not related by blood or marriage to the person providing room and meals.

Building means an enclosed structure, anchored to a permanent foundation and having exterior or party walls and a roof, designed for the shelter of persons, animals or property. When divided by other than common or contiguous walls, each portion or section of such building shall be regarded as a separate building, except that two buildings connected by a breezeway shall be deemed as one building. The term "building" shall include the term "structure."

Child day-care center means a building or part thereof operated or maintained by any person or establishment who holds themselves out as providing child care for more than four children not related to the day care provider for any part of the 24-hour day without overnight stays, for compensation or otherwise, except those operated by a school system or in connection with an establishment providing child care as a convenience for its customers or employees. A child day-care center shall not include any private or religious organization, elementary or secondary school, a religious organization academic preschool or kindergarten, home school, or a family home occupied by the day care provider where child care is given to not more than four children not related to the day care provider. Child day-care centers shall be state certified.

Court means an open, unoccupied space, other than a 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.

Curb level means the mean level of the curb in front of the lot, or in the case of a corner lot, along that abutting street where the mean curb level is the highest.

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 apartment hotels, but not hotels, house trailers or mobile homes.

Dwelling, multiple, means a building or portion thereof, arranged, intended or designed for occupancy by three or more families, including apartment houses, row houses, tenements and apartment hotels.

Dwelling, one-family, means a detached building arranged, intended or designed for occupancy by one family.

Dwelling, two-family, means a building arranged, intended or designed for occupancy by two families.

Family means an individual; or two or more persons related by blood, marriage or adoption; or a group of not more than five persons (excluding servants) who need not be related by blood or marriage, living together and subsisting in common as a separate nonprofit housekeeping unit which provides one kitchen.

Family day care home means a child care program where care is given by a person licensed by the state division of family services as a family day care home provider for no more than ten children not related to the provider for any part of the 24-hour day. For the purposes of this definition, a child is a person under the age of 17. See RSMo § 210.210.

Garage, community, means a building, or portion thereof, other than a public, private or storage garage, providing storage for motor vehicles with facilities for washing, but not other services, such garage to be in lieu of private garages within a block or portion of a block.

Garage, private, means an accessory building for storage of motor vehicles or other personal property.

Garage, public, means a building or portion thereof, designed or used for the storage, sale, hiring, care or repair of motor vehicles, which is operated for commercial purposes.

Garage, storage, means a building or portion thereof, except those defined as a private, a public or a community garage providing storage for more than four motor vehicles, with facilities for washing but not other services.

Group day care home means, whether known or incorporated under another title or name, a child care program where care is given by a person licensed by the state division of family services as a group day care home provider for 11, but not more than 20, children not related to the child care provider for any part of the 24-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. For purposes of this definition, a child is a person under the age of 17. See RSMo § 210.201.

Group home means any home in which eight or fewer unrelated mentally or physically handicapped persons reside, and may include two additional persons acting as houseparent or guardian who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.

Group housing project means a dwelling project consisting of three or more buildings, to be constructed on a plot of ground which is not subdivided into customary streets or lots, or where the existing or contemplated street or lot layouts make it impractical to apply the requirements of this chapter to the individual building units in such a housing project.

Height of buildings means the vertical distance measured from the highest of the following three levels:

(a)

From the street curb level.

(b)

From the established or mean street grade in case the curb has not been constructed.

(c)

From the average finished ground level adjoining the building if it sets back from the street line; to the level of the highest point of the roof beams of flat roofs or roofs inclining not more than one inch to the foot; or to the mean height level of the top of the main plates and highest ridge for other roofs.

Height of yard or court means the vertical distance from the lowest level of such yard or court to the highest point of any boundary wall.

Hotel means a building occupied or used as a more or less temporary abiding place of individuals or groups of individuals who are lodged, with or without meals, and in which there are more than 12 sleeping rooms, and no provisions for cooking in individual rooms.

House trailer or mobile home means any structure used for living or sleeping purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirtings, and which has been, or reasonably may be, equipped with wheels or other devices for transporting the structure from place to place.

Lot means a parcel of land occupied or to be occupied by one main building, or unit group of buildings, and the accessory buildings or uses customarily incident thereto, including such open spaces as are required under this chapter, and having its principal frontage upon a public street or approved place. A lot, as used herein, may consist of one or more platted lots or tracts, as conveyed, or parts thereof and in compliance with chapter 32.

Lot, corner, means a lot abutting upon two or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the building inspector.

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

Lot, interior, means a lot whose side lot lines do not abut upon any street.

Lot line means the line 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 most distant from the front street line; except that in the case of uncertainty the building inspector shall determine the rear 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 side street line.

Lot, reverse corner, means a corner lot whose front lot line faces at right angles to the front lot lines of the interior lots or whose rear lot line abuts the side lot lines of interior lots and having a street side yard setback equal to the front yard setback on lots hereafter platted.

Lot, through, means an interior lot having frontage on two streets.

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

Lots in separate ownership on June 15, 1965, means a lot whose boundary lines, along their entire length, touched lands under other ownership as shown by plat or deed recorded in the office of the recorder of deeds of the county on or before June 15, 1965.

Medical marijuana cultivation facility means a facility licensed by the State of Missouri to acquire, cultivate, process, store, transport and sell marijuana to a medical marijuana dispensary facility, medical marijuana testing facility, medical marijuana-infused products manufacturing facility.

Medical marijuana dispensary facility means a facility licensed by the State of Missouri to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana as provided by the State of Missouri solely pursuant to the terms of Article XIV, Section 1 of the Missouri Constitution to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana-infused products manufacturing facility.

Medical marijuana-infused products manufacturing facility means a facility licensed by the State of Missouri to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana testing facility, or to another medical marijuana-infused products manufacturing facility.

Medical marijuana testing facility means a facility certified by the State of Missouri to acquire, test, certify, and transport marijuana.

Medical marijuana transportation facility means a facility certified by the State of Missouri to store and transport marijuana.

Nonconforming use, building or yard means a use, building or yard which does not, by reason of design, use or dimensions, conform to the regulations of the district in which it is situated. It is a legal nonconforming use if established prior to June 15, 1965.

Place means an open, unoccupied space other than a street or alley permanently established, or dedicated as the principal means of access to property abutting thereon.

Private foster care home means 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 children who are unrelated to either foster parent by blood, marriage or adoption.

Service floor area means the total floor area of a building exclusive of stairways, rest rooms, storage rooms, hallways or other areas which are not regularly used by inhabitants, visitors, employees, clients, customers, patients or patrons in their normal everyday use of the building.

Short-term rental means a furnished living space available for short-term periods of time, from a few days to weeks on end.

Sign means any words, numerals, figures, devices, designs or trademarks by which information is made known, such as are used to identify a building, structure or object, or designate or mention an individual profession, firm, business or commodity.

Stable, private, means an accessory building for the keeping of horses, ponies or cows, owned by occupants of the premises, and not kept for remuneration, hire or sale.

Stable, public, means a stable other than a private or riding stable as defined herein.

Stable, riding, means a structure in which horses or ponies, used exclusively for pleasure riding or driving, are housed, boarded or kept for remuneration, hire or sale.

Story means that part of a building included between the surface of one finished floor and the surface of the finished floor next above, or if there is no floor above, that part of the building which is above the surface of the highest floor thereof. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first story is the highest story having its interior floor surface not more than four feet above the curb level, established or mean street grade, or average ground level.

Street means a right-of-way which affords principal means of vehicular access to property abutting thereon.

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

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.

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 utility poles, fences and retaining walls.

Tourist court or motel means a tract or parcel of land upon which two or more tourist sleeping units and the required parking areas are located.

Trailer or mobile home court means land used or intended to be used, let or rented for occupancy by two or more house trailers or mobiles homes.

Used for means and includes "designated for" or "intended for."

Variance means relief from or variation of the provisions of this chapter, other than use regulations, as applied to a specific piece of property, as distinct from rezoning.

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. Where lots abut a street that is designated a thoroughfare on the thoroughfare plan, all yards abutting the street shall be measured from a line one-half the proposed right-of-way width from the centerline, or from the lot line, whichever provides the greater setback. On other lots all yards abutting a street shall be measured from a line 25 feet from the centerline, or from the lot line, whichever provides the greater setback.

Yard, front, means a yard across the full width of the lot from the front line of the main building to the front line of the lot.

Yard, rear, means a yard between the rear lot line and the rear line of the main building and the side lot lines.

Yard, side, means a yard between the main building and the adjacent side line of the lot, and extending entirely from the front yard to the rear yard.

(Code 1998, § 37-1; Ord. No. 2651, § 1; Ord. No. 2792; Ord. No. 3450, §§ 1, 2; Ord. No. 3791, § 1, 3-3-1992; Ord. No. 3805, § 1, 5-5-1992; Ord. No. 7731, § 1, 7-5-2011; Ord. No. 8282, § 2, 9-3-2019; Ord. No. 8586, § 1, 5-2-2023)

For the purpose of regulating and restricting the use of land and the erection, construction, reconstruction, alteration, moving or use of buildings, structures or land, all lands within the city are hereby divided into ten districts with their respective rank from high to low classification as follows:

Any use not listed herein may be placed in a suitable district classification by the city council, after recommendation of the planning commission.

(Code 1998, § 37-2; Ord. No. 2651, § 3)

(a)

Boundaries of the zoning districts, as enumerated in section 37-2, are hereby established as shown on a map prepared for that purpose. Such map is hereby designated as the zoning district map, and the map and all the notations, references and information shown thereon is hereby made as much a part of this chapter as if the same were set forth in full in this chapter. The city planning commission shall keep on file in its office an authentic copy of the map, and all changes, amendments or additions thereto.

(b)

When definite distances in feet are not shown on the zoning district map, the district boundaries are intended to be along existing street, alley or platted lot lines or extensions of the same, and if the exact location of such lines is not clear, it shall be determined by the building inspector, due consideration being given to location as indicated by the scale of the zoning district map.

(c)

When streets or alleys on the ground differ from the streets or alleys as shown on the zoning district map, the building inspector may apply the district designations on the map to the streets or alleys on the ground in such a manner as to conform to the intent and purpose of this chapter.

(d)

Whenever any street or alley is vacated, the particular district in which the adjacent property lines shall be automatically extended to the centerline of any such street or alley. Whenever a street or alley is dedicated, the zoning district within the area dedicated shall be void.

(Code 1998, § 37-3; Ord. No. 2651, § 4)

Any of the following uses may be located in any district by special use permit of the city council, after public hearing, and after recommendation of the planning commission, under such conditions as to operation, site development, parking signs and time limit as may be deemed necessary in order that such use will not seriously injure the appropriate use of neighboring property, and will conform to the general intent and purpose of this chapter. Such uses shall comply with the height and area regulations of the district in which they may be located; except that radio, television and microwave towers, and drive-in theater screens may exceed the height regulations. In case of a protest against the issuance of a special use permit, with such protest signed by the owners of ten percent or more of the dwellings or unimproved parcels of land located entirely within 185 feet of the lot on which the special use is requested, such special use shall not become effective except by a favorable vote of three-fourths of all members of the city council.

(1)

Amusement parks, commercial baseball or athletic fields, race tracks, circuses, carnivals or fairgrounds.

(2)

Clubs, private.

(3)

Golf driving ranges or miniature golf courses, commercial or illuminated.

(4)

Picnic groves and fishing lakes, including minor and incidental concession facilities for patrons only.

(5)

Nursery sales office, building or greenhouse, wholesale or retail.

(6)

Radio, television and microwave towers.

(7)

Reservoirs, wells, towers, filter beds or water supply plants.

(8)

Riding stables and tracks.

(9)

Swimming pools, commercial.

(10)

Trailer courts, subject to the following regulations:

(a)

Each trailer lot shall be not less than 75 feet in size and 3,750 square feet in area.

(b)

Each trailer lot shall have connections to a sanitary sewerage system or septic tank to be approved by the city engineer, and to a pure and safe water supply.

(c)

The minimum distance between trailers shall be 25 feet, and no trailer shall be located closer than 30 feet to a court property line.

(d)

At least 100 square feet of playground area shall be provided for each trailer lot, other than the area of the trailer lot itself; except that no playground shall have an area of less than 2,500 square feet.

(e)

All streets and drives in the trailer court shall be paved with asphaltic or Portland cement concrete pavement or a six-inch rolled aggregate base with double asphalt surface treatment.

(f)

Mobile home parks shall be approved and licensed subject to other regulations of the city governing such development. However, no such park shall be approved that cannot provide a minimum of 18 trailer spaces, and other necessary spaces such as off-street parking, drives, play area, etc.

(11)

Buildings, structures and premises for public utility services, of public service corporations, which buildings or uses the city council, after report of the planning commission, deems reasonably necessary for public convenience or welfare.

(12)

Home occupations, subject to the following conditions:

(a)

A home occupation shall be located in the dwelling or in the structure attached to the dwelling used by a person as his private residence or a detached structure located upon the same lot as his private residence.

(b)

No assistant, other than a member of the family household, shall be employed and signs shall be limited to one nonilluminated window sign not more than one square foot in area.

(c)

Only electrical power shall be used in any machines used in such home occupation and such power shall not exceed one horsepower per machine or a total of two horsepower excluding customary heating or cooling devices.

(d)

Any permit issued pursuant to this subsection shall be nontransferable and shall be subject to review, upon complaint, by the planning commission, and subject to revocation by the council if revocation is recommended by the planning commission.

(13)

Veterinary hospitals in all districts except R-1, R-2 and R-3.

(14)

Temporary offices shall be allowed by temporary special use permit in any district during a period in which construction, reconstruction, remodeling or refurbishing is being prosecuted or denies access to permanent quarters, or during temporary periods in which a hazard prevents occupancy of regular facilities. No temporary special use permit shall be granted except for a period in which construction is actively prosecuted. Temporary special use permits may be issued by the city manager without council or planning commission approval shall not be subject to reissuance, shall expire upon termination of construction and may be suspended if construction is interrupted.

(15)

Those commercial, nonretail CO uses identified in section 37-21(c) and (d).

(Code 1998, § 37-4; Ord. No. 2651, § 16; Ord. No. 2792; Ord. No. 3131; Ord. No. 3277; Ord. No. 3465, § 1; Ord. No. 3384; Ord. No. 4294, § 1-2, 9-1-1998)

The following additional regulations shall apply to such lands situated within the area of three miles in all directions from boundaries of any airport within the city or one mile therefrom. This area within three miles of the boundaries of the airport shall be known as the airport hazard area, and shall be regulated as follows:

(a)

Generally. The boundaries, approach zones, transition zones and turning zones of the airport are as described below.

(b)

Detailed description of hazard area.

(1)

The hazard area consists of approach zones, turning zones and transition zones. The outer boundary of the hazard area is composed of a series of connected tangents and simple curves which also constitute the outer boundaries of the approach and turning zones.

(2)

The inner boundary of the hazard area is a boundary consisting of a series of intersecting tangents, 500 feet from and parallel to the centerline of the instrument runway or landing strip and 250 feet from and parallel to the respective centerlines of all other runways or landing strips and connecting the inner boundaries of adjacent approach zones at the ends of the runways, landing strips or proposed runways or landing strips.

(c)

Zone descriptions.

(1)

An approach zone shall be located at each end of each existing or proposed runway, landing strip or other portion of the airfield used regularly, or to be used regularly, for the landing or taking off of airplanes. Such approach zones shall begin 100 feet beyond the ends of their respective landing strips and at such beginning shall be 1,000 feet in width for the instrument runway or landing strip and 500 feet in width for all other runways and landing strips, and shall extend and expand uniformly centered along the extended centerline of the respective landing strip, to the outer boundary of the approach zone at a rate of 30 feet of width for each 100 feet of horizontal length for the instrument runway or landing strip and 20 feet of width for each 100 feet of horizontal length for all other runways. The inner area of each approach zone shall be that portion of the approach zone beginning 100 feet beyond the end of the respective or proposed landing strip and extending to the intersection of the controlling glide angle with a plane 150 feet above the highest elevations of the end of the respective runway or landing strip. The outer area of each approach zone shall be the area between the inner area of the approach zone and the outer limit of the approach zone.

(2)

The turning zones shall comprise all portions of the hazard area not contained in the approach zones and in the transition zones. The outer limits of the turning zones shall be a series of points forming a line which is a horizontal distance of three statute miles from the nearest points of the airport's property line boundary.

(3)

The transition zones shall be the areas bounded by the inner boundary of the hazard area, the sides of contiguous inner areas of approach zones and the outer limits of the transition zones; the outer limits of the transition zones being the intersections, at elevations of 150 feet above the highest elevation at the ends or edges of the closest runway or landing strip, or proposed runway or landing strip, of a series of contiguous planes originating from bases established by the inner boundary of the hazard area and the edges of adjacent inner areas of approach zones. The planes rising from their respective bases at the rate of one foot vertically to seven feet horizontally to the lines of intersection previously referred to.

(d)

Height regulations. No building, transmission line, communication line, pole, tree, smokestack, chimney, wires, tower or other structure or appurtenance thereto of any kind or character shall hereafter be erected, constructed, repaired or established nor shall any tree or other object of natural growth be allowed to grow:

(1)

In inner areas of approach zones to a height above the elevation of the nearest point on the end or proposed end of the instrument runway or landing strip in excess of 1/50 and all other runways or landing strips in excess of 1/40 of the distance from the point to the structure or object.

(2)

In the outer area of approach zones and in turning zones to a height in excess of 150 feet above the elevation at the end or proposed end of the runway or landing strip.

(3)

In the transition zones to a height above the planes forming the transition slopes.

(4)

In the existing or proposed runways or landing strip to a height above the existing or proposed finished grade of said runways or landing strips.

(e)

Permit required. It shall hereafter be unlawful to erect, construct, reconstruct, repair or establish any building, transmission line, communication line, pole, tree, tower, smokestack, chimney, wires or other structure or appurtenance thereto of any kind or character or to plant or replant any tree or other object of natural growth within the boundary of the hazard area of the airport without first obtaining a permit from the planning commission.

(f)

Exceptions. In the outer area or approach zones and within the turning zones, these height regulations shall not apply to construction or planting which is no higher than 75 feet above the elevation of the end of the nearest runway or landing strip.

(g)

Application forms. Application for a permit as required under these regulations shall be made upon a form to be available in the office of the planning commission, and shall indicate the approximate location, ground elevation with reference to the elevation at the end of the nearest runway or landing strip, and height of the proposed structure or planting.

(h)

Nonconforming structures. Within the hazard area, as hereinbefore defined, no nonconforming building, transmission line, communication line, pole, tree, smokestack, chimney, wires, tower or other structure or appurtenance thereto of any kind or character or object of natural growth shall be replaced, substantially reconstructed, repaired, altered, replanted or allowed to grow, as the case may be, after June 15, 1965, to a height which constitutes a greater hazard to air navigation than existed before these regulations, if such structures or objects of natural growth have been torn down, destroyed, have deteriorated or decayed to an extent of 80 percent or more, or abandoned for a period of 12 months or more. Transmission lines and communication lines as referred to in these regulations shall be interpreted to mean all poles, wires, guys and all other equipment, necessary for the operation and maintenance of the same within the zone regulated.

(i)

Marking of nonconforming structures. Whenever the building inspector determines that a specific nonconforming structure or object exists and has existed prior to June 15, 1965, and within the zoned area hereinbefore described at such a height or in such a position as to constitute a hazard to the safe operation of aircraft landing at or taking off from the airport, the owner and the lessor of the premises on which such structure or object is located shall be notified in writing by the building inspector and shall, within a reasonable time, permit the marking thereof by suitable lights or other signals designated by the building inspector. The cost of such marking shall not be assessed against the owner or lessor of the premises.

(j)

Administrative agency. The building inspector of the city shall administer and enforce these regulations.

(k)

Board of zoning adjustment. The board of zoning adjustment of the city shall be the board of adjustment with respect to these regulations.

(Code 1998, § 37-5; Ord. No. 2651, § 17)

(a)

For all buildings or structures hereafter erected or constructed, except in district C-2, primary off-street/off-alley parking in the form of private garages, carports or open areas made available exclusively for that purpose shall be provided. A parking space for one automobile shall have a minimum dimension of nine feet by 20 feet for tenant, employee or residential parking and 9½ feet by 20 feet for customer parking serving commercial customers and church patrons. Adequate maneuvering spaces, such as aisles, drives and driveways shall be provided in addition to this parking space. All parking and maneuvering spaces shall be off the street right-of-way, except for the necessary alleys and drives giving access to the spaces. For all residential structures where parking areas or garages are accessed from paved streets, all required parking spaces, maneuvering spaces, aisles, drives and driveways shall be paved with a hard-surface, all-weather material of either asphaltic concrete (also referred to as hot mix) or concrete. The property owners of such residential structures shall determine thickness necessary to support projected use. For all other structures, including commercial or industrial structures, required parking spaces, maneuvering spaces, aisles, drives and driveways shall have an all-weather surface of either gravel, chip and seal, asphaltic concrete or concrete in such thickness as property owners consider necessary to support projected use. Occupancy of buildings or structures shall not be permitted until construction and paving of such parking areas, as required by this section, is completed, except that such occupancy may be permitted where a cash bond or insurance bond is provided to the city in an amount estimated by the city engineer to be sufficient to construct the parking areas as required by this section.

(1)

One- and two-family dwellings. For all one- and two-family dwellings, there shall be provided two off-street parking spaces for each family unit. Such parking area shall be located on the same lot as the main building, or in a community garage in the same block. Previously constructed single-family residences shall not be subject to the driveway and off-street parking requirements of this section if the residence is undergoing structural alteration, if a garage is constructed on the property, or if the property faces an unpaved street.

(2)

Apartments, apartment hotels, hotels, clubs, motels and tourist courts. For all apartment houses and apartment hotels, there shall be provided two off-street parking spaces in the side or rear yard for each family unit. For all hotels, clubs, motels and tourist courts, there shall be provided one off-street parking space for each sleeping room. In addition, any restaurant which is an accessory use to any of the above uses shall provide one off-street parking space for each four patron seats in the restaurant. Such parking area shall be located on the same lot as the main building, or on a lot within 300 feet either on land zoned for business or industry, or by special use permit on land zoned for residence.

(3)

Hospitals and institutions. For all hospitals and institutions, there shall be provided one off-street parking space for each three beds plus one space for each two staff members and employees. Penal institutions need only to provide parking for the staff and employees. Such parking area shall be located on the same lot as the main building, or on a lot within 300 feet either on land zoned for business or industry, or by special use permit on land zoned for residence.

(4)

Places of assembly. For all theaters, churches, funeral chapels, stadiums and auditoriums, there shall be provided one off-street parking space for each four patron seats. Such parking area shall be located on the same lot as the main building, or on a lot within 300 feet either on land zoned for business or industry, or by special use permit on land zoned for residence.

(5)

Business buildings. For all business or commercial buildings, except those in a district C-P or C-2, there shall be provided one off-street parking space for each 200 square feet of service floor area in the building. Such parking area shall be located on the same lot (the term "lot," as used herein, means any contiguous lot or lots zoned for any commercial or industrial use, the platted lot upon which all or any part of the main building is constructed and not the term "lot" as defined in section 37-1) as the main building, or on a lot within 300 feet either on land zoned for business or industry or by special use permit on land zoned for residences. The following shall additionally be specifically required:

a.

Taverns and restaurants. One space for each two seats.

b.

Drive-in restaurants. A minimum of 12 spaces shall be provided, plus one space for each two seats inside the premises, if applicable.

c.

Bowling alleys. Four spaces per bowling lane.

d.

Beauty shops. One space for each 100 square feet of building area.

e.

Clinics. One space for each 150 square feet of floor area, plus one additional space for each doctor office there.

(6)

Industrial buildings. Each establishment shall provide one off-street parking space for each 1.5 employees and sufficient off-street parking space for customers, visitors and others who may spend time at such establishment during working hours, as deemed necessary by the planning commission and the city council. Such parking shall be located on the same lot as the main building, or on a separate tract where the most distant parking space is not more than 300 feet from the employee entrance to the establishment, and such separate site shall be on land zoned for business, or a special use permit may be issued for such purpose.

(7)

Loading space for business and industry. Any business or industrial building, hospital, institution or hotel erected, constructed, reconstructed or altered after June 15, 1965, in any district, shall provide adequate off-street facilities for the loading and unloading of merchandise and goods within or adjacent to the building, in such a manner as not to obstruct freedom of traffic movement on the public streets, alleys or sidewalks.

(b)

The board of adjustment may grant a variance reducing the number of spaces required in subsection (a) of this section; provided that it is proven that such number of spaces required in subsection (a) of this section is unnecessary for that specific use, or that to provide such number of spaces required in subsection (a) of this section would work undue hardship on the applicant.

(c)

All parking areas and loading spaces required in subsections (a)(2) through (a)(7) of this section shall provide adequate surfacing and screening so as to emit no offensive dust, dirt, glare or noise or noxious gases, when such lot or space abuts a lot in districts R-1 to R-3, inclusive.

(Code 1998, § 37-7; Ord. No. 2651, § 21; Ord. No. 2792; Ord. No. 3625, § 1, 4-3-1990; Ord. No. 3626, § 1, 4-17-1990; Ord. No. 3844, § 1, 12-15-1992; Ord. No. 4278, § 1-3, 5-5-1998)

Editor's note— Ord. No. 8434, § 2, adopted Aug. 3, 2021, repealed § 37-8 entitled "Fences," which derived from Ord. No. 8318, § 2, adopted Feb. 18, 2020.

No person shall permit, cause, keep, maintain or allow a fence within the corporate limits of the city in a dilapidated or dangerous condition.

(Ord. No. 8318, § 2, 2-18-2020)

All fences or other like structures erected or maintained in violation of this section are hereby deemed and declared to be a nuisance, and any owner or occupant of a lot or tract of land upon which such nuisance exists shall be deemed guilty of a misdemeanor. Each day on which such violation continues shall constitute a separate offense.

(Ord. No. 8318, § 2, 2-18-2020)

(a)

The building inspector or his duly authorized representative shall have the power to enforce the provisions of this chapter. No building or other structure shall be erected, constructed, reconstructed or moved, nor shall it be altered, without first obtaining a building permit from the building inspector, to be issued in accordance with the terms of this chapter.

(b)

No open, vacant or unimproved land shall be used for any purpose other than agricultural without first obtaining a land use permit from the building inspector, to be issued in accordance with the terms of this chapter. Land use permits shall be required for, but not limited to, the following uses:

(1)

Salvage and junk yards.

(2)

Trailer courts.

(3)

Used car or auto storage lots.

(4)

Machinery, equipment or material storage.

(5)

Mines, quarries or soil stripping.

(6)

Skeet shoots or target ranges.

(7)

Refuse dumps or sanitary fills.

(8)

Railroad yards.

(9)

Picnic groves or fishing lakes.

(10)

Golf courses, baseball fields and other privately owned recreation area.

(11)

Nurseries.

(c)

Applications for permits shall be filed with the building inspector upon forms prescribed, setting forth, among other things, the legal description of the lot, tract or parcel of land together with a general description of the building or structure to be constructed, erected or altered thereon, including the approximate size and shape, location of the building or structure upon the lot, tract or parcel and the intended use.

(d)

No such permit shall be issued for any building, structure, construction or use of land unless the same is in conformity in every respect with all the provisions of this chapter.

(e)

The building inspector shall be empowered to act, within the provisions of this chapter, upon all applications for building permits, and the same shall be approved or denied not later than the fifth business day succeeding the day of filing. In the event of refusal to issue a permit upon application, as herein provided, the applicant may perfect an appeal to the board of adjustment.

(f)

For each building permit issued there shall be charged and collected from the applicant a fee in accordance with the following schedule:

(1)

For residential construction, the fee will be based upon the total square foot floor area for each one or two story building to be constructed, erected or altered under such permit, plus $0.005 cent per square foot for all floors above the second floor as follows:

a.

Five cents per square foot.

b.

Such fees shall be computed to the nearest dollar.

c.

The minimum permit fee shall be $10.00.

(2)

For commercial construction, the fee shall be based upon the total valuation of the construction project as follows:

(g)

There shall be a separate permit for each building or structure to be constructed, erected or altered, except accessory buildings and appurtenances which may be included in the permit for the main building when construction is simultaneous.

(h)

A permit may be revoked by the building inspector at any time prior to the completion of the building or structure for which the same was issued when it appears that there is departure from the plans, specifications or conditions as required under terms of the permit; that the same was procured by false representation or was issued by mistake; or that any of the provisions of this chapter are being violated. Upon the failure, refusal or neglect of any owner, his agent, contractor or duly authorized representative to secure such permit and pay the prescribed fee therefor, as herein provided, the building inspector may issue a stop order; provided that 24-hours' written notice of such revocation or order to stop shall be served upon the owner, his agent or contractor, or upon any person employed upon the building or structure for which such permit was issued, and thereafter no such construction shall proceed.

(Code 1998, § 37-9; Ord. No. 2651, § 23; Ord. No. 3652, § 4(a), 1-29-1991; Ord. No. 3855, § 3(a), 2-16-1993; Ord. No. 4309, § 1, 10-6-1998)

(a)

All territory annexed to the city hereafter shall be temporarily classified for R-1 single-family dwelling purposes only until permanently zoned by the governing body of the city.

(b)

Any business or structure not conforming to an R-1 use will be deemed as a nonconforming use and will be governed by article XII of this chapter concerning nonconforming uses.

(c)

The city planning commission shall, within 60 days after annexation of any of the territory of the city, institute proceedings on its own motion to give the newly annexed territory a permanent zoning classification. The procedure to be followed shall be the same as is provided by this chapter for the adoption of other zoning classifications, or a change in the official zoning map. In a newly annexed area, temporarily classified for R-1 single-family dwelling purposes only, no permit for the construction of a building other than a single-family dwelling or R-1 accessory building shall be issued by the building inspector until such permit has been specifically authorized by the city council. However, the building inspector may also refer applications for construction of R-1 structures to the city council if, in his opinion, such structure would be out of character with future land use and zoning of the area in question.

(Code 1998, § 37-9.1; Ord. No. 2792)

(a)

Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building, the foundation for which has been completely constructed on June 15, 1965, and the remaining construction of which shall have been completed within one year of such date. In addition, any commercial or industrial building or structure, for which a permit has been approved by the city not more than 12 months prior to such date, may be constructed according to the terms of that permit.

(b)

The board of adjustment may, during a period of one year from June 15, 1965, and after public hearing, order the building inspector to issue a building permit for the erection, construction, reconstruction or alteration of a building or structure, which building or structure cannot reasonably comply with one or more of the provisions of this chapter; provided that:

(1)

A vested right in such building or structure has been acquired by the applicant, and that the existence of such vested right is proven beyond reasonable doubt.

(2)

A substantial amount of the vested right would be lost if all regulations of this chapter were complied with.

(3)

Such erection, construction, reconstruction or alteration is carried out diligently and is completed within one year of the date of the building permit issued therefor.

(Code 1998, § 37-10; Ord. No. 2651, § 24)

(a)

Applications for amendment, revision or change of the zoning map may be made by any person, or his agent, who owns the land sought to be rezoned. If such application is made by the owner's agent, the agent shall enter upon the application the name and current mailing address of the owner. Such application shall be made upon forms prescribed by the planning commission and duly filed with the building inspector.

(b)

Application for amendment, revision or change of any of the rules, regulations or provisions of the rest of this chapter, other than the zoning district map, or application for a special use permit, may be made by any interested person on forms prescribed by the planning commission and duly filed with the building inspector.

(c)

A fee of $40.00 plus publication costs shall accompany each application for an amendment or special use permit. Immediately upon receipt of such application the building inspector shall note thereon the date of filing, and make a permanent record thereof.

(d)

All such applications shall be set down for hearing before the planning commission not later than the second monthly meeting of the commission from the date of filing the same. Any such hearing may, for good cause, at the request of the applicant or in the discretion of the commission, be continued. Notice of such hearing shall be published in one issue of a newspaper of general circulation within the city, and such notice is to be published not more than 15 days and not less than five days prior to date of the hearing before the commission.

(e)

Upon the final hearing of such application, the commission shall approve or deny the same and a report of such action, together with a recommendation for final approval or denial, shall be made by the commission to the city council.

(f)

Before acting upon any application for amendment or special use permit, the city council shall set a time and place for a hearing thereon, the notice of which shall be published at least one time in a newspaper of general circulation in the city not less than 15 days prior to the date of such hearing.

(g)

Recommendations for revision, or amendment of this chapter, including the zoning district map, may also be made by the planning commission upon its own motion, for final determination by the city council. Likewise, the council may revise, modify or amend this chapter, including the zoning district map, upon its own motion; provided that such proposed changes are first submitted to the planning commission for recommendation and report. In either case, final action thereon shall be taken only upon notice and hearing, as provided herein.

(h)

If a protest against such revision or amendment is presented, duly signed and acknowledged by the owners of 30 percent 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 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 of all members of the legislative body of the city. The provisions of RSMo § 89.050, relative to public hearing and official notice, shall apply equally to all changes and amendments.

(i)

Development agreements; zoning changes. A developer may submit a development agreement and such a contract may be concluded by negotiation between the city and the developer. In the event a contract is concluded, it will be attached to any zoning change and recorded at the cost of the developer in the office of the recorder of deeds for the county. A development agreement may address the improvements within the geographical boundaries of the rezoned area and improvements on the public areas abutting the rezoned area. The agreement must provide that the city will be required to refuse building permits and occupancy permits in the event of the failure of the developer to meet all terms and conditions of the development agreement.

(Code 1998, § 37-11; Ord. No. 2651, § 27; Ord. No. 3855, § 3(g), 2-16-1993; Ord. No. 5036, § 7, 10-4-2000; Ord. No. 8606, § 1, 10-17-2023)

Except as otherwise specifically provided:

(a)

No building or structure shall be erected, constructed, reconstructed, moved or altered, nor shall any building, structure or land be used for any purpose other than is permitted in the district in which such building, structure or land is situated.

(b)

No building or structure shall be erected, constructed, reconstructed, moved or altered to exceed the height or area limit or the yard or parking requirement established for the district in which such building or structure is located.

(c)

No lot area shall be reduced or diminished so that the yard or other open spaces are smaller than prescribed by this chapter, nor shall the density of population be increased in any manner except in conformity with the area regulations established in this chapter. To permit the precise location of the centerline of a common wall of a townhouse, this provision shall not be interpreted to prevent the conveyance of a partial lot, one line of which is the centerline of the common wall of a townhouse constructed in conformity with this Code.

(d)

Every building erected or altered after June 15, 1965, shall be located on a lot, and in no case shall there be more than one main building on one lot except as provided in this chapter.

(Code 1998, § 37-12; Ord. No. 2651, § 5; Ord. No. 3871, § 3, 5-4-1993)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, or any statute, local ordinance or regulation; except that if this chapter imposes a greater restriction, or higher standard, this chapter shall control.

(Code 1998, § 37-13; Ord. No. 2651, § 26)

(a)

In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violations of RSMo §§ 89.010 to 89.140 or 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. Such regulations shall be enforced by the building inspector or other officer authorized to issue building permits, who is empowered to cause any building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of this chapter.

(b)

The owner or general agent of a building or premises where a violation of any provision of this chapter has been committed or exists, or the lessee or tenant of any entire building or entire premises where such violation has been committed or exists, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or exists, or the general agent, architect, builder, contractor or any other person who commits, takes part in or assists in any such violation, or who maintains any building or premises in which any such violation exists, shall be guilty of a misdemeanor punishable by a fine of not less than $10.00 and not more than $100.00 for each and every day that such violation continues; but if the offense is willful, on conviction thereof, the punishment shall be a fine of not less than $100.00 or more than $250.00 for each and every day that such violation continues or by imprisonment for ten days for each and every day such violation continues, or by both such fine and imprisonment in the discretion of the court.

(c)

Any such person who, having been served with an order to remove any such violation, fails to comply with the order within ten days after such service or continues to violate any provisions of the regulations made under authority of RSMo §§ 89.010 to 89.140, in the respect named in such order, shall also be subject to a civil penalty of $250.00.

(d)

City officials, officers, employees, and/or other persons (performing pursuant to a contract with the city), shall have the right to enter private property to inspect and/or enforce any and all provisions of this chapter. If such entry is refused by the owner, occupant, or other person with lawful possession of the premises in question, the city may request an administrative search warrant pursuant to section 20-9 of this Code, if such administrative search warrant is deemed necessary, to enter onto the property to inspect for violations of and/or enforce the provisions of this chapter.

(Code 1998, § 37-14; Ord. No. 2651, § 28; Ord. No. 7754, § 1, 10-4-2011)