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Perry City Zoning Code

ARTICLE I

General Provisions

Section 405.010 Title.

[R.O. 2011 § 405.010; CC 1990 §42.010]
This Chapter shall regulate the location and use of buildings and land within the City of Perry, Missouri, commonly called the "Zoning Ordinance of the City of Perry."

Section 405.020 General Regulations.

[R.O. 2011 § 405.020; CC 1990 §42.020]
A. 
No building or land shall be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations specified for the district in which it is located.
B. 
No building shall be erected or altered:
1. 
To exceed the height; or
2. 
To have a narrower or smaller rear yard, front yard, side yard, inner or outer court than is specified for the district in which such building is to be located.

Section 405.030 Definitions.

[R.O. 2011 § 405.030; CC 1990 §42.400 — 42.880; Ord. No. 305 §1(42.640), §2(42.890), 7-2-1991; Ord. No. 330 §2(42.770), 12-5-1995; Ord. No. 373 §I(42.705), 8-6-2002; Ord. No. 374 §I(42.600), 8-6-2002; Ord. No. 375 §I(42.710), 8-6-2002; Ord. No. 514, 4-10-2019]
As used in this Chapter, the following terms shall have these prescribed meanings:
ACCESSORY BUILDING OR USE
A use customarily incidental and subordinate to the principal use of land or buildings and located on the same lot with such principal use or buildings. An "accessory use" includes, but is not limited to, the following:
1. 
A garage, shed or building for domestic storage.
2. 
Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations.
3. 
A non-paying guest house or rooms for guests within an "accessory building" provided such facilities are used for the occasional housing of guests of occupants of the principal building and not for permanent occupancy by others as housekeeping units.
4. 
Off-street motor vehicle parking areas and loading and unloading facilities.
ADMINISTRATIVE OFFICER
The administrative officer shall be the Supervisor of Utilities.
ALLEY
A narrow service way providing a secondary public means of access to abutting properties and not more than twenty (20) feet wide.
ALTERATIONS
As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another or by change in use from that of one district classification to another.
ALTERATIONS, STRUCTURAL
Any change in the supporting members of a building such as bearing walls, columns or girders.
APARTMENT
A room or suite of rooms in a multiple-family structure, which is arranged, used or intended to be used as a single housekeeping unit and which contains complete kitchen, bath and toilet facilities, permanently installed.
APARTMENT HOUSE
A building arranged, intended or designed to be occupied by three (3) or more families living independently of each other.
AREA, BUILDING
The total of areas taken on a horizontal plane at the main grade level of the principal buildings and all accessory buildings exclusive of uncovered porches, terraces and steps.
BASEMENT
A story partly underground but having at least one-half (1/2) of its height above the average level of the adjoining ground. A basement should be counted as a story for the purposes of height measurement, if the vertical distance between the ceiling and the average level of the adjoining ground is more than five (5) feet or if used for business or dwelling purposes.
BED AND BREAKFAST
A bed-and-breakfast establishment is a dwelling unit having not more than five (5) guest rooms where travelers for compensation are lodged for sleeping purposes with a morning meal provided. Bed-and-breakfast facilities, before being licensed as required elsewhere in this Code, must provide the written consent of all property owners having property adjoining the property on which the bed and breakfast is to be located, which includes properties located immediately across any street or alley from said facility. Bed-and-breakfast facilities must also have the owner of such facility residing in such facility at any time such facility is open for business. Bed-and-breakfast facilities must further have one (1) off-street parking space for each room which is available for rent and all parking for guests must be located off of the street. Bed-and-breakfast facilities must further comply with all safety requirements for commercial establishments as provided for in the Municipal Code of the City of Perry, Missouri, whether such requirements are currently in existence or hereinafter adopted.
BLOCK
That property abutting on one (1) side of a street between the two (2) nearest intersecting streets or other natural barriers.
BOARD OF ALDERMEN
The Board of Aldermen of the City of Perry.
BOARDINGHOUSE
A building or premises where meals are served for compensation for five (5) or more persons, but not exceeding twelve (12) persons. An establishment where meals are served for compensation for more than twelve (12) persons should be deemed a restaurant.
BUILDING
A structure having a roof supported by columns or walls for shelter, support, enclosure or protection of person, animals, chattels or property. When separated by party walls, each portion of such building should be considered a separate structure.
BUILDING AREA
The maximum horizontal projected area of a building and its accessory buildings, excluding open steps, terraces and cornices projecting not more than thirty (30) inches.
BUILDING, FRONT LINE OF
The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed but does not include steps.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the proposed or existing finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the height between eaves and ridge for gable, hip and gambrel roofs.
BUSINESS ESTABLISHMENT
Any business such as a bank, department store, drug store or hardware store.
CELLAR
A story having more than one-half (1/2) of its height below grade.
COVERAGE
That percentage of the plot or lot area covered by the building area.
DISTRICT
A section of the City for which uniform regulations governing the use, height, area and intensity of use by buildings and land and open spaces about buildings are herein established.
DWELLING
1. 
A building used entirely for residential purposes, but not motels or hotels, and must have:
a. 
A roof pitch of no less than three (3) inches of vertical rise to every twelve (12) inches of horizontal run.
b. 
Roofing materials consisting of composition asphalt, shingle, fiberglass shingle, wood shake, baked tile, crushed rock or other material commonly accepted in the industry and approved by the Building Inspector.
c. 
A roof overhang of not less than one (1) foot measured from the vertical side of the home. When attached carports, garages, porches or similar structures are an integral part of the home, this overhang may be waived where the accessory structure is attached to the home.
d. 
Siding material consisting of wood or wood products, stucco, brick, horizontal lap steel or aluminum, horizontal lap vinyl or rock.
e. 
Proper guttering attached.
2. 
Single-Family Dwelling. A building that contains only one (1) living unit. All single-family dwellings must have an exterior dimension, excluding garages, carports and accessory buildings of not less than twenty-four (24) feet by forty (40) feet. Single-family dwelling includes a manufactured or modular unit which, when placed on site:
a. 
Is permanently installed on a properly engineered, enclosed foundation system in accordance with the BOCA Basic Building Code and approved by the Building Inspector. The Building Inspector may require a plan to be certified by a registered architect or engineer. At the Building Inspector's discretion, the Building Inspector may or may not issue a building permit based upon code enforcement procedures contained in the Municipal Code of the City of Perry, Missouri.
b. 
Is installed in accordance with the manufacturer's instruction with axles, running gear, lights and towing apparatus removed.
FAMILY
One (1) or more persons who live together in one (1) dwelling unit and maintain a common household. May consist of a single person or of two (2) or more persons, whether or not related by blood, marriage or adoption. May also include domestic servants and gratuitous guests.
FRONTAGE
All the property abutting on one (1) side of a street or place between two (2) intersecting streets or places (crossing or terminating) or if the street or place is dead ended, then all of the property abutting on one (1) side between an intersecting street or place and the dead end of the street or place.
GARAGE
1. 
Private. An accessory building housing not to exceed four (4) motor-driven vehicles, the property of and for the use of the occupants of the lot on which the private garage is located.
2. 
Public. Any garage, other than a private garage, available to the public, operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
GROUP HOME
Any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.
HOME OCCUPATION
An accessory use of a service character customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than a small name plate and in connection therewith there is not involved the keeping of a stock in trade. The office of a physician, surgeon, dentist or other professional person, including an instructor in violin, piano or other individual musical instrument limited to a single pupil at a time, who offers skilled services to clients and is not professionally engaged in the purchase or sale of economic goods should be deemed to be home occupations; and the occupations of dressmaker, milliner or seamstress, each with not more than one (1) paid assistance; and bed-and-breakfast facilities as defined in this Code should be deemed to be home occupations. Dancing instruction, band instrument instruction in groups, tourist homes, beauty parlors, real estate offices, convalescent homes, mortuary establishments and stores, trades or businesses of any kind not herein excepted should not be deemed to be home occupations.
HOSPITAL
Unless otherwise specified, the term "hospital" should be deemed to include sanitarium, sanatorium, preventorium, clinic, rest home, nursing home, convalescent home or any other place for the diagnosis, treatment or other care of ailments and should be deemed to be limited to places for the diagnosis, treatment or other care of human ailments.
HOTEL
A building in which lodging is provided and offered to the public for compensation and in which ingress and egress to and from rooms is made through an inside lobby or office supervised by a person in charge at all hours and which is open to transient guests, in contradistinction to a boarding house or lodging house.
LAUNDROMAT
A business that provides home-type washing, drying and/or ironing machines and/or dry cleaning machines for hire to be used by customers on the premises.
LOADING SPACE
A space within the main building or on the same lot therewith providing for the standing, loading or unloading of trucks.
LODGING HOUSE
A building or premises where lodging is provided for compensation for five (5) or more persons but not exceeding twelve (12) persons.
LONG-TERM STORAGE USE
A use for storage exceeding six (6) consecutive months.
LOT
A parcel, tract or area of land accessible by means of a street or place. It may be a single parcel separately described in a deed or plat which is recorded in the office of the County Recorder or it may include parts of or a combination of such parcels when adjacent to one another and used as one (1).
1. 
Corner Lot. A lot at the junction of and having frontage on two (2) or more intersecting streets.
2. 
Lot Coverage. The percentage of the lot area covered by the building area.
3. 
Depth Of Lot. The mean horizontal distance between the front lot line and the rear lot line, measured in the general direction of the side lot lines.
4. 
Interior Lot. A lot other than a corner lot or through lot.
5. 
Front Lot Line. In the case of an interior lot, a line separating the lot from the street or place; and in the case of a corner lot, a line separating the narrowest frontage of the lot from the street.
6. 
Through Lot. A lot having frontage on two (2) or approximately parallel streets and which is not a corner lot.
7. 
Lot Width. The dimension of a lot, measured between side lot lines on the building line.
MANUFACTURED HOME
Structure, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. The term includes any structure that meets all of the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under Title 42 of the United States Code.
MOBILE HOME
A factory-built structure or structures which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or when erected on site contains three hundred twenty (320) or more square feet equipped with the necessary service connections and made so as to be readily movable as a unit or units on their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the mobile home be placed thereon may be moved from time to time at the convenience of the owner.
MOBILE HOME PARK SUBDIVISION
An area of land divided into two (2) or more lots with foundations platted and laid out to provide sites for mobile homes permanently affixed to the land for a period of time exceeding sixty (60) days. The subdivision area should include any building or structure, fixture or equipment that is used or intended to be used in connection with providing that accommodation, including provisions for sewer, water, electric and any other similar facilities required to permit occupancy of such mobile homes parked thereon.
NON-CONFORMING USE
A transportable building unit designed to be used by itself or to be incorporated with similar units at a point-of-use into a modular structure to be used for residential, commercial, educational or industrial purposes. This definition shall not apply to structures under six hundred fifty (650) square feet used temporarily and exclusively for construction site office purposes.
NON-CONFORMING USE
A building or use of land that does not conform to the regulations for the district in which it is situated.
NON-OCCUPANCY USE
A use that does not involve occupancy by humans or animals for purposes including habitation, work, sleep, recreation, leisure, and other activities beyond storage of items.
NURSERY SCHOOL
A school designed to provide daytime care or instruction for two (2) or more children from two (2) to five (5) years of age inclusive.
PARKING LOT
Any place, lot, parcel or yard used in whole or in part for the storage of two (2) or more vehicles where such usage is not incidental to or in conjunction with a dwelling or other usage permissible in dwelling districts and located on the same tract.
PARKING SPACE
An off-street space available for the parking of one (1) motor vehicle and having an area of not less than one hundred eighty (180) square feet inclusive of passageways and driveways appurtenant thereto and giving access thereto and having direct access to a street or alley.
PERMANENTLY AFFIXED
A mobile home is deemed to be permanently affixed to the land when its wheels, skids, rollers or other transporting devices have been removed and it has been so placed upon a lot, upon a permanent foundation in accordance with the rules and requirements of the Missouri Public Service Commission.
PLACE
An open unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.
RESIDENTIAL HOTEL
A dwelling occupied by permanent guests only and not by transients. It may include restaurants, newsstands and other accessory services primarily for serving its occupants and only incidentally the public.
SERVICE ESTABLISHMENT
Includes retail businesses such as filling stations, restaurants, repair shops and funeral homes.
SHIPPING CONTAINER
An intermodal freight container or other large container, in whole or in part, designed and manufactured for the reusable storage and transport of materials and products across different modes of transportation — from ship to rail to truck — without unloading and reloading its cargo. The term shipping container shall also include the box portion, whether on or off axles, of a truck designed for hauling freight.
SHORT-TERM STORAGE USE
A use of storage for a period of time less than six (6) consecutive months.
STABLE
Any building, structure or portion thereof which is used in whole or in part for the shelter or care of horses, cattle or other similar animals, either permanently or transiently.
STORY
Portion of a building included between the surface of any floor and the surface of the floor next above it or if there be no floor above it, then the space between any floor and the ceiling next above it.
STREET
A public or private way which affords the principal means of access to abutting properties.
STRUCTURE
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
TRAVEL TRAILER TRANSIENT PARK
An area of land containing two (2) or more travel trailers or providing space where two (2) or more trailers are harbored or parked or intended to be harbored or parked or for a period of sixty (60) days or less either free of charge or for remuneration purposes and should include any building, structure, tent, vehicle or enclosure used or intended for use as a part of the equipment of such park and providing sewer, water, electric and other similar facilities required to permit occupancy of such travel trailers parked thereon.
USE
The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent should not be deemed to include any non-conforming use.
YARD
A space on the same lot with a principal building open, unoccupied and unobstructed by structures, except as otherwise provided.
1. 
Front Yard. A yard extending across the full width of the lot unoccupied other than by steps, walks, terraces, driveways, lampposts and similar structures, the depth of which is the least distance between the front lot line and the building line.
2. 
Rear Yard. A yard extending across the full width of the lot between the rear of the principal building and the rear lot line unoccupied other than by accessory buildings which do not occupy more than thirty percent (30%) of the required space and steps, walks, terraces, driveways, lampposts and similar structures, the depth of which is the least distance between the rear lot line and the rear of such principal building.
3. 
Side Yard. A yard between the principal building and the side lot line, extending from the front yard or from the front lot line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally, at ninety degrees (90°) with the side lot line, from the nearest part of the principal building.
ZONING DISTRICT MAP
A map entitled "Zoning District Map" dated April 1972, and any amendments thereto.