Normandy City Zoning Code
ARTICLE I
In General 1
Section 405.010 Chapter Establishes Minimum Requirements - Construction of Chapter With Requirements of Other Regulations, Etc.
[R.O. 2012 §405.010; CC 1975 §31-1; Ord. No. 346 Art. 1, §2, 2-10-1969]
In interpreting and applying the provisions of this Chapter, they shall be construed to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. Wherever the regulations of this Chapter require a greater width or size of yards, courts or other open spaces or require a lower height of building or less number of stories or require greater percentage of lot to be left unoccupied, or require a lower density of population, or require a more restricted use of land, or impose other higher standards than are required in any other order or regulation, private deed restrictions or private covenants, these regulations shall govern, but if the requirements of such other order, regulation, private deed restriction or private covenant is the more restrictive, those requirements shall govern.
Section 405.020 Definitions.
[R.O. 2012 §405.020; CC 1975 §31-2; Ord. No. 346 Art. 2, §1, 2-10-1969; Ord. No. 348 §1; Ord. No. 235 §1, 6-11-1985; Ord. No. 263 §1, 3-10-1987; Ord. No. 472 §1, 11-7-2000; Ord. No. 532 §3, 6-1-2004]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
A portion of the main building or a detached subordinate building located on the same lot, the use of which is customarily incident to that of the main building or to the use of the land. Where a substantial part of the wall of an accessory building is a part of the main building or where an accessory building is attached to the main building in a substantial manner by a roof, such accessory building shall be counted as part of the main building.
Living quarters within an accessory building located on the same premises with the main building, for the sole use of persons employed on the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling by persons with other employment.
An establishment having either ten percent (10%) or more of:
Its stock in trade, in books, photographs, magazines, films for sale or viewing on or off the premises by use of motion picture devices, video players, DVD players, computers or coin-operated means, or other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to sex or sexual activity or the principal purpose of which is to sexually stimulate or sexually arouse the patron viewer or reader; or
Instruments, devices, or paraphernalia that are designed or marketed for use in connection with specified sexual activities.
Any of the establishments, businesses, buildings, structures or facilities which fit within the definition of adult bookstore, adult entertainment facility, bathhouse, massage shop and/or modeling studio.
Any building, structure or facility which contains or is used entirely or partially for commercial entertainment, including theaters used for presenting live presentations, video tapes, DVDs or films predominantly distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specified sexual activities, and exotic dance facilities (regardless of whether the theater or facility provides a live presentation, video tape, DVD or film presentation) where the patrons either:
Engage in personal contact with or allow personal contact by employees, devices or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patrons; or
Observe any live presentation, video tape, DVD or film presentation of persons wholly or partially nude, unless otherwise prohibited by ordinance, with their genitals or pubic region exposed or covered only with transparent or opaque covering, or in the case of female persons with the areola and nipple of the breast exposed or covered only with transparent or opaque covering or to observe specified sexual activities.
A public or private thoroughfare which affords only a secondary means of access to property abutting thereon.
Shall have the same meaning as "DWELLING, MULTIPLE".
An open area, other than a street, used for the display, sale or rental of new or used automobiles or trailers, and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed, sold or rented on the premises.
The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
A story partly or wholly underground. A basement shall be counted as a story for purposes of height measurement, where more than one-half (½) of its height is above the average level of the adjoining ground.
An establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the State.
A building other than a hotel where, for compensation, meals or lodging and meals are provided for not more than three (3) persons.
Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels. Where dwellings are separated from each other by a division wall without openings, each portion of such dwelling shall be deemed a separate building. The word "building" includes the word "structure", and those structures on wheels or other supports used for business, storage or living purposes.
The vertical distance measured from the adjoining curb level, 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 mean height level between eaves and ridge of a gable, hip or gambrel roof; provided, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.
A business engaged in check-cashing operations for a fee as a primary or substantial element of its business and which is not licensed by the appropriate State or Federal agency as a banking or savings and loan facility. Said business shall be prohibited in all zoning districts of the City of Normandy, Missouri.
A facility licensed by the State of Missouri to acquire, cultivate, process, package, store on-site or off-site, transport to or from and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones") to a medical facility, comprehensive facility, or marijuana testing facility. A comprehensive marijuana cultivation facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana. A comprehensive marijuana cultivation facility's authority to process marijuana shall include the creation of prerolls, but shall not include the manufacture of marijuana-infused products.
[Ord. No. 785, 7-11-2023]
A facility licensed by the State of Missouri to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), marijuana-infused products, and drug paraphernalia used to administer marijuana to a consumer, anywhere on the licensed property or to any address as directed by the consumer and consistent with the limitations of Section 2 of Article XIV of the Missouri Constitution and as otherwise allowed by law, to a comprehensive facility, a marijuana testing facility, or a medical facility. Comprehensive dispensary facilities may receive transaction orders at the dispensary directly from a consumer in person, by phone, or via the Internet, including from a third party. A comprehensive marijuana dispensary facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana but shall collect all appropriate tangible personal property sales tax for each sale as set forth in State and local law. A comprehensive marijuana dispensary facility's authority to process marijuana shall include the creation of prerolls.
[Ord. No. 785, 7-11-2023]
A facility licensed by the State of Missouri to acquire, process, package, store, manufacture, transport to or from a medical facility, comprehensive facility, or a marijuana testing facility, and sell marijuana-infused products, prerolls, and infused prerolls to a marijuana dispensary facility, a marijuana testing facility, or another marijuana-infused products manufacturing facility. Comprehensive marijuana-infused products manufacturing facilities need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana.
[Ord. No. 785, 7-11-2023]
A method of adding, replacing or augmenting cosmetic features by the placement of subcutaneous pigmentation by a licensed doctor or nurse.
An open unoccupied space, other than a yard, on the same lot with a building and bounded on two (2) or more sides by such building.
A section of the City for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.
Any building, or portion thereof, which is designed or used exclusively for residential purposes.
One (1) or more buildings, not more than two and one-half (2½) stories in height, containing dwelling units and arranged around two (2) or three (3) sides of a court which opens onto a street, or a place approved by the Zoning and Planning Commission, including single-family, two-family, row or multiple-dwellings.
A building or portion thereof designed for or occupied by more than two (2) families.
A row of three (3) to six (6) attached single-family dwellings, not more than two and one-half (2½) stories in height, nor more than two (2) rooms deep.
A building designed for or occupied exclusively by one (1) family.
A building designated for or occupied exclusively by two (2) families.
One (1) or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth, adoption or marriage, but no unrelated group shall consist of more than three (3) persons, as distinguished from a group occupying a boarding house, lodging house or hotel, as herein defined.
An area which is used for the growing of the usual farm products, such as vegetables, fruit trees, horticultural growing and products, and for their packing or storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep and swine, as secondary to crop raising. The term "farm" shall include the commercial feeding of garbage or offal to swine or other animals.
An artificially constructed barrier of any material or combination of materials erected so as to enclose or screen from view or access areas of land and which is in excess of twenty-four (24) inches in vertical height from the underlying ground.
[Ord. No. 784, 7-11-2023]
Any building or premises used for dispensing, sale or offering for sale at retail of any automobile fuels or oils, as limited in the remainder of this Section. When the dispensing, sale or offering for sale is incidental to the conduct of a public garage, the premises are classified as a public garage. No tanks or receptacle used for the storage of gasoline or automobile fuel shall be permitted as part of a filling station or automobile service station, unless it is located below the surface of the ground or grade, except by special permit of the City Council.
All of the property on one (1) side of a street between two (2) intersecting streets, crossing or terminating, measured along the line of the street, or if the street is dead-ended, all the property abutting on one (1) side between an intersecting street and the dead-end street.
An accessory building housing not to exceed four (4) motor-driven vehicles which are the property of and for the private use of the occupants of the lot on which the private garage is located. Not more than one (1) of the vehicles may be a commercial vehicle of not more than one and one-half (1½) tons capacity.
Any building or premises, except those used as a private or storage garage, used for equipping, repairing, hiring, selling or storing motor-driven vehicles, subject to the following limitations: Tanks or receptacles used for the storage of gasoline or automobile fuel shall be located below the surface of the ground or grade, except by special permit of the City Council.
Any building or premises, used for housing or storing or parking of self-propelled vehicles pursuant to previous arrangements, and at which automobile fuels and oils may or may not be sold, and motor-driven vehicles are not equipped, repaired, hired or sold.
For buildings having walls adjoining one (1) street only, the elevation of the sidewalk at the center of the wall adjoining the street.
For buildings having walls adjoining more than one (1) street, the average of the elevation of the sidewalk at the centers of all walls adjoining the streets.
For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.
Any wall approximately parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street. Where no sidewalk exists, the grade shall be established by the City Engineer.
A group home shall include any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. No group home shall be located within two thousand (2,000) feet of another group home.
Any business, profession, occupation, enterprise or endeavor, except for those defined elsewhere in this Chapter, carried on for commercial or public purposes exclusively by one (1) or more members of the family residing on the premises and in connection with which there are no signs or display that will indicate from the exterior of the building that the building is being used for any purpose other than that of a dwelling; provided further, that any such activity which employs or compensates any persons other than family members residing on the premises, or which maintains in, on or about such premises any stock-in-trade, goods or commodities sold, rented or leased to or for hire by the public in such a manner as to be visible to members of the public, or which includes or involves the use, maintenance, storage or repair of any mechanical equipment (other than such customarily used for domestic or household activities), in, on or about such premises in such a manner as to be visible to or audible by members of the public, or for which purposes more than twenty percent (20%) of the actual square footage of the largest building on the premises are utilized, shall not be a "home occupation" as used in this Chapter.
A building in which lodging, or lodging and meals, is provided and offered to the public for compensation, which is open to transient guests or which will accommodate more than three (3) persons for lodging and meals, whether transient or not.
A building occupied by a non-profit corporation, or a non-profit establishment for public use.
The use of land or buildings for the purpose of selling, breeding, boarding, training or the keeping of three (3) or more dogs over four (4) months of age. The word "selling" as herein used shall not be construed to include the sale of dogs four (4) months of age or younger which are the natural increase of dogs kept by persons not operating a kennel as herein defined; nor shall "selling" be determined to include isolated sales of dogs over four (4) months old by persons not operating a kennel as herein defined.
A building or place where lodging is provided, or which is equipped regularly to provide lodging by prearrangement for a definite period, for compensation, for three (3) or more persons, in contradistinction to hotels open to transients.
A parcel of land occupied or intended for occupancy by use permitted in this Chapter, including one (1) main building, together with its accessory buildings, the open spaces and parking spaces required by this Chapter and having its principal frontage upon a street or upon an officially approved place.
A lot abutting two (2) or more streets at their intersection.
The mean horizontal distance between the front and rear lot lines.
A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
A lot which is a part of a subdivision, the plat of which has been recorded in the office of the Recorder of Deeds of the County, after proper approval; or a parcel of land, the deed to which was recorded in the office of the Recorder of Deeds prior to February 10, 1969.
A facility licensed by the State of Missouri to acquire, process, package, store on-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), marijuana-infused products, and drug paraphernalia used to administer marijuana to a consumer, anywhere on the licensed property or to any address as directed by the consumer and, consistent with the limitations of Section 2 of Article XIV of the Missouri Constitution and as otherwise allowed by law, a microbusiness wholesale facility, or a marijuana testing facility. Microbusiness dispensary facilities may receive transaction orders at the dispensary directly from a consumer in person, by phone, or via the Internet, including from a third party. A microbusiness dispensary facility's authority to process marijuana shall include the creation of prerolls.
[Ord. No. 785, 7-11-2023]
A facility licensed by the State of Missouri to acquire, cultivate, process, package, store on-site or off-site, manufacture, transport to or from, deliver, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), and marijuana-infused products to a microbusiness dispensary facility, other microbusiness wholesale facility, or marijuana testing facility. A microbusiness wholesale facility may cultivate up to two hundred fifty (250) flowering marijuana plants at any given time. A microbusiness wholesale facility's authority to process marijuana shall include the creation of prerolls and infused prerolls.
[Ord. No. 785, 7-11-2023]
Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as seed thereof and resin extracted from the plant and marijuana-infused products. Marijuana does not include industrial hemp, as defined by Missouri Statute, or commodities or products manufactured from industrial hemp.
[Ord. No. 785, 7-11-2023]
A facility certified by the State of Missouri to acquire, test, certify and transport marijuana.
[Ord. No. 785, 7-11-2023]
Products that are infused, dipped, coated, sprayed, or mixed with marijuana or an extract thereof, including, but not limited to, products that are able to be vaporized or smoked, edible products, ingestible products, topical products, suppositories, and infused prerolls.
[Ord. No. 785, 7-11-2023]
An establishment which has a fixed place of business having a source of income or compensation which is derived from the practice of any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulation of external parts of the human body with the hands or with the aid of any mechanical electric apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotion, ointment or other similar preparations commonly used in the practice of massage under such circumstances that is reasonably expected that the person to whom the treatment is provided or some person on his or her behalf will pay money or give any other consideration or gratuity; provided that this term shall not include any establishment defined in this Code or operated or supervised by a medical or chiropractic practitioner or professional physical or massage therapist licensed by the State of Missouri.
A facility licensed by the State of Missouri to acquire, cultivate, process, package, store on-site or off-site, transport to or from, and sell marijuana, marijuana seeds, and marijuana vegetative cuttings (also known as "clones") to a medical marijuana dispensary facility, medical marijuana testing facility, medical marijuana cultivation facility, or to a medical marijuana-infused product manufacturing facility. A medical marijuana cultivation facility's authority to process marijuana shall include the production and sale of prerolls, but shall not include the manufacture of marijuana-infused products.
[Ord. No. 785, 7-11-2023]
A facility licensed by the State of Missouri to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this Chapter to a qualifying patient, a primary caregiver, anywhere on the licensed property or to any address as directed by the patient or primary caregiver, so long as the address is a location allowing for the legal possession of marijuana, another medical marijuana dispensary facility, a marijuana testing facility, a medical marijuana cultivation facility, or medical marijuana-infused products manufacturing facility. Dispensary facilities may receive transaction orders at the dispensary in person, by phone, or via the Internet, including from a third party. A medical marijuana dispensary facility's authority to process marijuana shall include the production and sale of prerolls, but shall not include the manufacture of marijuana-infused products.
[Ord. No. 785, 7-11-2023]
A facility licensed by the State of Missouri to acquire, process, package, store on-site or off-site, manufacture, transport to or from, and sell marijuana-infused products to a medical marijuana dispensary facility, a marijuana testing facility, a medical marijuana cultivation facility, or to another medical marijuana-infused product manufacturing facility.
[Ord. No. 785, 7-11-2023]
An establishment or business which provides for a fee or compensation the services of modeling on premises for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise. This does not apply to public or private schools in which persons are enrolled in a class.
An area containing one (1) or more permanent structures designed for temporary living facilities and intended primarily for automobile transients, whether or not providing garages for automobiles, and not to accommodate tents or trailers or include a seasonal resort area or summer homes.
Any building or land lawfully occupied by a use on February 10, 1969, or at the time of passage of any applicable amendment to this Chapter, which does not conform after such date with the use of regulations of the District in which it is situated.
A durably paved surface area, enclosed in the main building, in an accessory building or unenclosed, sufficient in size to store one (1) standard automobile and, if the space is unenclosed, comprising an area of not less than two hundred (200) square feet, exclusive of durably paved surface driveway connecting the parking space with a street or alley and permitting satisfactory ingress and egress of an automobile.
The location at which or premises in which a pawnbroker regularly conducts business as regulated in Sections 367.011 — 367.060, RSMo.
See "LODGING HOUSE".
A business engaged in providing short-term loans to the public as a primary or substantial element of its business and which is not licensed by the appropriate State or Federal agency as a banking or savings and loan facility. Said business shall be prohibited in all zoning districts of the City of Normandy, Missouri. A licensed pawnbroker operating in conformity with the provision of this City Code relating to pawnbrokers shall not be considered to be a "short-term loan establishment" within the meaning of this definition and prohibition, but only as to such licensee's pawnbrokerage activities. Pawnbrokers are not permitted to engage in any short-term lending other than by a pawn transaction.
Sexual conduct, being actual or simulated, acts of human masturbation; sexual intercourse or physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area, buttocks or the breast of a female; or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification.
Construction of a story partly or wholly underground. In split level construction the lowest level shall be counted as a story for purposes of height measurement, where more than one-half (½) of its height is above the average level of the adjoining ground.
A stable with capacity of not more than two (2) horses; provided, 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 one (1) acre for each horse accommodated.
Any structure or part of a structure not in excess of fifteen (15) feet, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between the floor and the ceiling next above it.
A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (⅔) of the floor area is finished off for use.
All property dedicated or intended for a public or private street, highway, freeway or roadway purpose, or subject to easements therefor.
A dividing line between a lot, tract or parcel of land and contiguous street.
Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts and pergolas, radio towers, memorials and ornamental structures. The word "structure" includes the word "building", in addition to the foregoing.
Any method of placing designs, letters, scrolls, figures or symbols upon or under the skin with ink or colors, by the aid of needles or instruments. The provision of cosmetic micro-pigmentation services by a licensed doctor or nurse shall not be considered "tattooing" as that term is used in this Chapter.
Any place or facility where tattooing is performed. Said business shall be prohibited in all zoning districts of the City of Normandy, Missouri.
An area containing one (1) or more structures designed or intended to be used as temporary living facilities for two (2) or more families and intended primarily for automobile transients or other tourists.
Any structure used, or capable of being used, for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirting, and which is, has been or reasonably may be equipped with wheels or other devices for transporting the structure from place to place, whether by motive power or other means. The term "trailer" shall include camp car and house car. A permanent foundation shall not change its character if the structures can be removed therefrom practically intact.
An area used for the parking of two (2) or more tents or trailers designed or intended to be used as temporary living facilities for two (2) or more families and intended primarily for automobile transients or other tourists, and not to be used for business or storage trailers.
An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of the front yard or the depth of a rear yard, the mean horizontal distance between the lot line and the main building shall be used.
A yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projection thereof, other than the projection of the usual steps or entrance way.
A yard extending across the rear of a lot, measured between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of a main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.
A yard between the main building and the side line of the lot, extending from the front building line to the rear building line.
[1]
Cross Reference — Also see definition of "Check Cashing Establishment".
Section 405.030 Building Permit - Required for Certain Purposes. [1]
[R.O. 2012 §405.030; CC 1975 §31-3; Ord. No. 346 Art. 17, §2, 2-10-1969]
No building or structure shall be erected, reconstructed or structurally altered, nor shall any work be started thereon, until a building permit has been issued therefor by the Building Commissioner of the City.
Section 405.040 Building Permit - Application for Permit to Be Accompanied by Plans, Etc.
[R.O. 2012 §405.040; CC 1975 §31-4; Ord. No. 346 Art. 17, §2, 2-10-1969]
A.
All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location on the lot of the buildings and accessory buildings existing and the lines within which the buildings or structures shall be erected or altered, the existing and intended use of each building or part of building, the number of families the building is designed to accommodate and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this Chapter. Applications shall also include, where applicable, sewage disposal plans. One (1) copy of such plans shall be returned to the owner when such plans shall have been approved by the Building Commissioner.
B.
All dimensions shown on such plans relating to the location and size of the lot to be built upon shall be based upon an actual survey. The lot and locations of the building thereon shall be staked out on the ground before construction is started.
Section 405.050 Architectural Conformity and Compatibility of Proposed Building With Surrounding Buildings as Affecting Issuance of Building Permit.
[R.O. 2012 §405.050; CC 1975 §31-9; Ord. No. 346 Art. 16, §1, 2-10-1969]
A.
Every dwelling erected within the City shall have a minimum ground floor area of not less than nine hundred (900) square feet, or a minimum of eleven hundred (1,100) square feet without basement, exclusive of unroofed porches and garages, and shall provide indoor sanitary facilities. Its architecture and general appearance shall be in keeping with the character of the neighborhood and such as not to be detrimental to the general welfare of the community in which it is located.
B.
Every application for a building permit for a residential or other building which, in the opinion of the Building Commissioner, indicates that such building would be unsuitable, when compared to surrounding residential and other buildings, is detrimental to the stability of values of surrounding property and does not conform in general to the surrounding property, shall be submitted by the Building Commissioner, along with plans, elevations, detailed drawings and specifications, to the Zoning and Planning Commission of the City before being finally approved by the Building Commissioner.
C.
If the Zoning and Planning Commission shall return the application to the Building Commissioner without disapproval, the Building Commissioner may issue the permit. Failure by the Commission to act within thirty (30) days after the Building Commissioner shall have delivered the plans to the Commission shall be authority for the Building Commissioner to issue such permit.
D.
If the Zoning and Planning Commission shall return the application to the Building Commissioner with disapproval and recommendations, the Building Commissioner may issue the permit; provided, that the applicant shall make appropriate changes in the drawings and specifications and agree to comply with the recommendations of the Commission.
E.
If the Zoning and Planning Commission shall return the application to the Building Commissioner with its disapproval and without recommendations, the Building Commissioner shall refuse to issue the permit; and if the Zoning and Planning Commission shall return the application to the Building Commissioner with its disapproval and with recommendations, and the applicant shall refuse to comply with the recommendations, the Building Commissioner shall refuse to issue the permit.
Section 405.060 Required Compliance With District Regulations - Minimum Yards and Open Spaces - Number of Buildings on Lot.
[R.O. 2012 §405.060; CC 1975 §31-11; Ord. No. 346 Art. 3, §5, 2-10-1969]
A.
Except as hereinafter provided:
1.
No building shall be erected, maintained, enlarged, reconstructed or structurally altered, nor shall any building or land be used, which does not comply with all of the District regulations established by this Chapter for the District in which the building or land is located.
2.
The minimum yards and other open spaces, including the intensity of use provisions contained in this Chapter for each building shall not be encroached upon or considered as yard or open space requirements or intensity of use requirements for any other buildings.
Section 405.070 Home Occupations.
[R.O. 2012 §405.070; Ord. No. 235 §2, 6-11-1985]
All home occupations, as defined in Section 405.020 which constitute a non-conforming use, may continue to exist until there is a change of ownership, occupancy, or nature or extent of use of the premises on which the home occupation is situated.
Section 405.080 Violations - Penalties. [1]
A.
In case any building or structure is erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure, or land is used in violation of Sections 89.010 to 89.140, RSMo., or of any ordinance or other regulation made under authority conferred hereby, 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 such 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 an officer 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 the regulations made under authority of Sections 89.010 to 89.140, RSMo.
B.
The owner or general agent of a building or premises where a violation of any provision of said regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee, or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the 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 guilty of an ordinance violation punishable by a fine of not less than ten dollars ($10.00) and not more than two hundred fifty dollars ($250.00) for each and every day that such violation continues, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court. Notwithstanding the provisions of Section 82.300, RSMo., for the second (2nd) and subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) for each and every day that such violation shall continue, or by imprisonment for ten (10) days for each and every day such violation shall continue, 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, shall fail to comply with such order within ten (10) days after such service or shall continue to violate any provision of the regulations made under authority of Sections 89.010 to 89.140, RSMo., in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).
Section 405.090 Administration and Enforcement. [1]
[R.O. 2012 §405.090; CC 1975 §31-14; Ord. No. 346 Art. 17, §1, 2-10-1969]
It shall be the duty of the Building Commissioner to administer and enforce the provisions of this Chapter in accordance with the administrative provisions of the Building Code and of this Chapter.