This title shall be known and may be cited and referred to as the "Zoning Ordinance of the City of Perryville, Missouri."

(Prior code § 29-1)

For the purposes of this chapter, certain terms and words are defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure"; and the word "shall" is mandatory and not directory:

"Accessory building" means a subordinate building which is incidental to the principal building or use and which is located on the same lot with such principal building or use.

"Accessory use" or "structure" means a use or structure incidental to the principal use of a building and which is located on the same lot with the principal building or use.

"Administrator" means the city administrator of Perryville, Missouri.

"Agricultural (farm) use" means an area which is used for the growing of typical farm products, such as vegetables, fruits, trees and grain, and their 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. The term "farming" includes the operating of such an area for one or more of the above uses, including dairy farms, with the necessary accessory uses for treating or storing the produce; provided, however, that the operation of such accessory uses shall be secondary to that of the normal farming activities, that such land shall consist of at least ten acres in one parcel under common ownership or operation and provided further that farming does not include the feeding of collected garbage or offal to swine or other animals or confined feeding operation.

"Alley" means a permanent public serviceway dedicated for or in public use, other than a street, place, road, crosswalk or easement, and designed to provide a secondary means of access for special accommodation to the back or side of abutting properties and not intended for general traffic circulation.

Apartment/Apartment House. See definition of "Dwelling, multiple."

"Basement" means that portion of a building which is partly below and partly above grade and having one-half or more of its height above grade. A basement is counted as a story for the purpose of height regulation if subdivided and used for business or dwelling purposes.

"Bed and Breakfast" means a dwelling containing guest rooms that are intended to be used for sleeping purposes for occasional guest for compensation, whether paid directly or indirectly, in which meals are made available and which dwelling is used as a permanent residence by its owner.

"Billboard" or "sign" means an outdoor panel, structure, illustration or device designed to carry or display a sign or advertisement for the purpose of making anything known including those in which the origin or point of sale is remote from the display. Billboards and signs shall include walls, fences or other structures on which advertising signs may be painted or attached. Billboards shall be deemed to be any sign or structure used or designed for the outdoor display of commercial or noncommercial messages, the sign face (display area, border and trim) of which exceeds one hundred (100) square feet in area. The term "sign face" shall exclude the sign base, supports or other structural members.

"Boarding, lodging or roominghouse" means a building or place where rooming and lodging, with or without meals, are provided (or which is equipped to regularly provide such services) by prearrangement for definite periods and for compensation, for more than five persons, but not more than twenty (20) persons. A boarding, lodging or roominghouse is distinguished from a hotel, which is open to transients and has accommodations for six or more persons.

"Buildable width" means the width of the lot left to be built upon after the side yards are provided.

"Building" means any structure having a roof supported by columns or walls built for the support or enclosure of persons, animals or tangible property of any kind but not including any vehicle, mobilehome (with or without wheels), travel trailer nor any moveable device, such as furniture, machinery or equipment. When any portion of a building is completely separated from any other portion thereof by a division wall constructed in accordance with the building code of the city, then each such portion shall be deemed to be a separate building.

"Building area" means the area included within surrounding exterior walls (or exterior walls and firewalls) exclusive of vent shafts and courts. Areas of the building not provided with surrounding walls shall be included in the building area if included within the horizontal projection of the roof or floor above.

Building, Height of. "Height of building" means the vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and the ridge for gable, hip and gambrel roofs.

"Building official" means the designated building official of Perryville, Missouri.

"Cellar" means that portion of a building which is partly above and partly below grade and having more than one-half of its height below grade. A cellar shall not be counted as a story for the purpose of height regulation.

"Child- or day-care center" means any place, home or institution which receives five or more children under the age of seventeen (17) years and not of common parentage, for care apart from their natural parents, legal guardians or custodians, when received for regular periods of time for compensation; provided, however, this definition shall not include public and private schools, organized, operated or approved under the laws of this state; custody of children fixed by a court of competent jurisdiction; children related by blood or marriage within the third degree of the custodial person; or to churches or other religious or public institutions while their parents or legal guardians are attending services, meetings or classes, or are engaged in church activities.

"City clerk" means the city clerk of Perryville, Missouri.

Clinic Medical or Dental. "Medical or dental clinic" means an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by a group of physicians or dentists practicing medicine or dentistry together.

"Club" means a building, or portion thereof, or premises owned or operated by a corporation, association, person or persons for a social, educational, recreational or fraternal purpose but not primarily for profit or to render a service which is customarily carried on as a business.

"Commercial firearms range" means any rifle, pistol, silhouette, skeet, trap, black powder, or other similar range used for discharging firearms not open to the general public other than law enforcement personnel, and generally used to test firearms or ammunition manufactured by the firm, partnership, association, corporation, or other business entity that owns or manages the commercial firearms range.

"Commercial use" means generally, any business of a commercial nature that has as its primary function the direct sale of goods or services to the general public.

"Commission" means the planning and zoning commission of Perryville, Missouri.

"Comprehensive plan" means an official document adopted by the city setting forth a plan for the physical development of the community, including studies of land use, streets, traffic volume and flow, schools, parks and other public buildings.

"Condominium" means a single-dwelling structure intended to be occupied by a number of single families, and within which each single-family dwelling unit is sold to its occupants as an individually subdivided parcel of the entire structure; a type of building in which the ownership is divided into separate units which may be owned and sold by separate owners.

"Crematorium" means a venue for the cremation of the dead. A crematorium contains at least one cremator (also known as a crematory, retort, or cremation chamber) which is a furnace that is purpose-built for the cremation of the bodies of the dead.

"Director" means the public works director of the city of Perryville, Missouri.

District, Zoning. "Zoning district" means a section or sections 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 the use are uniform.

"Drive-in restaurant or cafe" means a restaurant, cafe or similar establishment where the facilities or services are designed to permit food or beverages to be consumed on the premises, either inside or outside of the building or in automobiles parked on the premises, or to be purchased and picked up by automobile.

"Driveway" means a minor private way used by vehicles and pedestrians for common access to a single lot or facility.

Dwelling, Attached Single-Family. "Attached single-family dwelling" means one of a series of attached dwellings designed exclusively for occupancy by one family and located on individually subdivided lots of record. Attached single-family dwellings may be of the townhouse, patio house, condominium, or similar types so long as each unit has at least an eight hundred (800) square feet main level and is located on an individual lot of record to be conveyed as part of the property which each unit occupies.

Dwelling, Detached Single-Family. "Detached single-family dwelling" means a building designed for or occupied exclusively by one family, has at least an eight hundred (800) square feet main level, and is entirely surrounded by a yard or other separation from buildings or adjacent lots.

Dwelling, Multiple or Apartment. "Multiple or apartment dwelling" means a building or portion thereof designed for or occupied by three or more families living independently of each other, exclusive of attached single-family dwellings, ownhouses, patio houses or condominiums on individually subdivided lots of record.

Dwelling, Two-Family. "Two-family dwelling" means a building or portion thereof designed for and occupied by two families living independently of each other, has at least an eight hundred (800) square feet main level, including a duplex or semi-detached dwelling.

"Dwelling unit" means one or more rooms in a dwelling designed for or intended to be occupied as independent and separate living quarters by a single family as defined herein, including permanent provisions for living, sleeping, eating, cooking and sanitation.

"Family" means one or more persons related by blood, marriage or adoption, occupying a dwelling unit as an individual housekeeping organization, and not more than two other persons not related by blood, marriage or adoption; or a group of not more than three persons (excluding servants) not related by blood, marriage or adoption and living together as a single housekeeping organization in a dwelling unit.

"Filling station" means any building or premises used for the sale at retail of motor vehicle fuels, oil or accessories, or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacement of motors, bodies or fenders of motor vehicles, or painting motor vehicles, and excluding public garages.

"Floor area" means the total number of square feet of floor space within the exterior walls of a building, not including space in cellars, basements, porches, carports or garages. However, if the cellar or basement is used for business or commercial purposes, it shall be counted as floor area in computing off-street parking requirements.

"Frontage" means all the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all the property abutting on one side between an intersecting street and the dead end of the street, but not including property more than four hundred (400) feet distant on either side of a proposed building or structure.

Garage, Commercial or Public. "Commercial or public garage" means a building or structure for the storage or parking of motor-driven vehicles and in which provisions may be made for fueling or normal servicing of such vehicles. The terms "servicing" shall not include an automotive repair shop nor the rebuilding, dismantling or storage of wrecked or junked vehicles.

Garage, Private. "Private garage" means a detached accessory building, or portion of the main building, housing the automobiles of the occupants of the premises.

Garage, Storage or Parking. "Storage or parking garage" means a building or portion thereof designed or used exclusively for term storage by prearrangement of motor-driven vehicles, as distinguished from daily storage furnished to transients, and within which motor fuels and oils may be sold; but no motor-driven vehicles may be equipped, repaired, hired or sold.

"Grade" means the average level of the finished surface of the ground adjacent to the exterior walls of the building, except when any wall approximately parallels and is not more than five feet from a street line, then the elevation of the street at the center of the wall adjoining the street shall be deemed to be grade.

"High-rise sign" means an on-premise sign with a maximum square footage of one hundred twenty (120) square feet and a maximum height of eighty (80) feet.

"Home occupation" means any lawful occupation performed by a resident within a residential home or accessory structure, which is clearly incidental and secondary to the use of the dwelling unit for residential purposes and does not change the residential character of the residential building or adversely affect the character of the surrounding neighborhood.

In the operation of a home occupation, no equipment shall be used which creates offensive noise, vibration, sound, smoke, dust, odors, heat, glare, X-ray or electrical disturbance to radio or television instruments outside of the residence; and no generation of substantial volumes of vehicular or pedestrian traffic or substantial parking demand shall be created. Further, there shall be no advertising sign displayed, other than a nameplate not exceeding one square foot in area, and there is no other exterior indication that the building is being used for any purpose other than a dwelling. When home occupations are not within the above requirements, a special use permit shall be required.

"Homeless shelter" means any facility, the primary purpose of which is to provide a temporary shelter for the homeless in general, or for specific populations of the homeless, and which does not require occupants to sign leases.

"Hotel" means any building or portion thereof that contains six or more guest rooms that are intended to be used or occupied, or are occupied for sleeping purposes, by guests for compensation, whether it is paid directly or indirectly, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge.

"Industrial park" means a tract of land, the control and administration of which are vested in a single body, suitable for industrial use because of location, topography, proper zoning, availability of utilities and accessibility to transportation. The uses permitted may be regulated by protective minimum restrictions (covenants) including the size of the site, parking and loading regulations, and building setback lines from front, side and rear yards that may be more restrictive than this chapter.

"Industry" or "industrial," as used in this chapter, are restricted to establishments primarily involved in product manufacturing and processing, heavy equipment uses and warehousing. It does not include retail and wholesale trades, agricultural uses, institutional uses and other businesses that are primarily commercial in nature.

"Institution" means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.

"Loading space" means an off-street space or berth on the same lot with a building, or within a building, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.

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

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

"Lot coverage" means that percentage of a lot which, when viewed from above, would be covered by a structure or structures, or any part thereof, excluding roof eaves.

Lot, Depth of. "Depth of lot" means the mean (average) horizontal distance between the front and the rear lot lines.

Lot, Double Frontage. "Double frontage lot" means a lot having frontage on two nonintersecting streets, as distinguished from a corner lot.

Lot Line, Front. "Front lot line" means, in the case of an interior lot, a line separating the lot from a street or place; and in the case of a corner lot, a line separating the narrowest frontage of the lot from a street.

"Lot width" means the dimension (width) of a lot, measured between side lot lines on the required building setback line for the district in which the lot is located.

"Lot of record" means a lot which is a part of a subdivision, the map or plat of which has been recorded in the office of the county recorder of Perry County, Missouri; or a lot or parcel of land, the deed of which has been recorded in the office of the county recorder of Perry County, Missouri, prior to the adoption of this chapter.

"Manufacturer" means an establishment whose primary function is the mechanical or chemical transformation or processing of materials or substances into new products, including the assembly of component parts and the blending of materials.

"Marijuana" means 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 resin extracted from the plant and marijuana-infused products. Marijuana does not include industrial hemp containing a crop wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent on a dry weight basis or commodities or products manufactured from industrial hemp.

"Marijuana-infused products" means products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures, and concentrates.

"Medical marijuana cultivation facility" means a facility licensed by the State of Missouri to acquire, cultivate, process, store, transport, or sell marijuana to a marijuana dispensary facility, marijuana testing facility, or to a marijuana-infused products manufacturing facility. This term shall include marijuana used for both medical and recreational purposes.

"Medical marijuana dispensary facility" means a facility licensed by the State of Missouri to acquire, store, sell, transport, or deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this chapter to any individual over the age of twenty-one (21) years old, another marijuana dispensary facility, a marijuana testing facility, or a marijuana-infused products manufacturing facility. This term shall include marijuana used for both medical and recreational purposes.

"Medical marijuana-infused products manufacturing facility" means a facility licensed by the State of Missouri to acquire, store, manufacture, transport, or sell marijuana-infused products to a marijuana dispensary facility, a marijuana testing facility, or to another marijuana-infused products manufacturing facility. This term shall include marijuana used for both medical and recreational purposes.

"Medical marijuana testing facility" means a facility certified by the State of Missouri to acquire, test, certify, and transport marijuana. This term shall include marijuana used for both medical and recreational purposes.

"Mobile business unit/manufactured business unit" means a factory-built structure or structures which, in the traveling mode, is eight 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 its or their own running gear and designed to be used for commercial, educational, or industrial purposes with or without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the manufactured unit placed thereon may be moved from time to time at the convenience of the owner.

Mobile business units/manufactured business units are those factory-built structures manufactured under the authority of the Federal Manufactured Home Construction and Safety Standards Act, effective June 15, 1976, and must carry a seal of approval of the U.S. Department of Housing and Urban Development (HUD) as required by the Missouri Public Service Commission.

The term "manufactured home" shall also include units defined as above if such units are in two or more separately towable components designed to be joined into one integral unit capable of being again separated into the components capable of repeated towing and includes two or more manufactured units joined into a single business unit which is kept on separate chassis for repeated towing.

"Mobilehome lot" means the designated area of a parcel of land for the placement of a single mobilehome and the exclusive use of its occupants.

"Mobilehome park" means a parcel of land which has been developed for the placement of more than one mobilehome.

"Mobilehome stand" means that part of a mobilehome lot which has been reserved for the placement of one mobilehome unit.

"Mobile/manufactured home" means a factory-built structure or structures which, in traveling mode, is eight 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 its or 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 manufactured home placed thereon may be moved from time to time at the convenience of the owner.

Mobile/manufactured homes are those factory-built structures manufactured under the authority of the Federal Manufactured Home Construction and Safety Standards Act, effective June 15, 1976, and must carry a seal of approval of the U.S. Department of Housing and Urban Development (HUD) as required by the Missouri Public Service Commission.

The term "manufactured home" shall also include units defined as above if such units are in two or more separately towable components designed to be joined into one integral unit capable of being again separated into the components capable of repeated towing and includes two or more manufactured home units joined into a single residential unit which is kept on separate chassis for repeated towing.

"Modular unit" means a transportable building unit 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. A modular unit shall be built to International Code Council building codes and city of Perryville ordinances. The modular units shall have Missouri state seal installed in the electrical panel box indicating code compliance or a letter indicating the same specific to modular unit (e.g. serial number, VIN number, etc.). Plans must be approved by the State of Missouri and the units successfully inspected by a third-party inspection agency.

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

"Nonconforming use" means any building or land lawfully occupied by a use at the time of passage of this chapter, or any amendment thereto, which does not conform after the passage of this chapter, or amendment thereto, with the use regulations of the district in which it is situated.

"Nonconventional residential construction" means a residential construction type that is not regulated by the adopted building code, but these permanent structures may be interpreted to meet life safety and structural soundness by the building official. All construction types shall be placed on permanent foundations and may require certified design information. Types of nonconventional construction include:

1.

Prefabricated home construction;

2.

Panelized home construction;

3.

Prefabricated domes;

4.

Pre-engineered buildings;

5.

Home kits.

"Nursery school" means a school operated by a person or organization which is conducted primarily for the education of preschool-age children for no more than four hours per child per day and which provides no custodial care.

"Nursing home," "rest home" or "convalescent home" means a home for the aged or infirm, in which three or more persons, not of the immediate family, are received, kept or provided with food and shelter or care, whether for compensation or not; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis, treatment or care of the sick or injured. The definition of "nursing home" shall include any adult boarding facility, intermediate care facility, residential care facility or skilled nursing facility, as defined in Chapter 198 of the Revised Statutes of the state of Missouri.

"Office" means a place where business or services for others is transacted, and not a place where tangible property or goods, wares or merchandise are commonly created, exchanged or sold.

"Parking area" means an open, unoccupied space used or required for use exclusively for the parking of vehicles, and in which no gasoline or vehicular accessories may be sold, nor other business conducted, nor fees charged.

"Parking lot" means an open, paved area used exclusively for the temporary storage of motor vehicles, and within which motor fuels and oils may be sold and fees charged; but no vehicles may be equipped, repaired, rented or sold.

Parking Space, Off-Street. "Off-street parking space" means an area, enclosed or unenclosed, sufficient in size to store one automobile, together with a driveway connecting the parking space with a street, road or alley, and permitting the ingress and egress of an automobile.

"Park management" means the person who has charge, care of, or control of the mobilehome park.

"Park street" means a private way which affords principal means of access to individual mobilehome lots or auxiliary buildings.

"Pedestrian sidewalk sign" is defined as any portable outdoor sign providing supplemental business identity or advertisement which is placed upon a public sidewalk or city right-of-way in addition to the types and amount of signage that could otherwise be achieved under the sign regulations of the city of Perryville.

"Place" means any open, unoccupied, officially dedicated space, other than a street or alley, permanently reserved as the principal means of access to abutting property.

"Plat" means a map, plan or layout of a city, township, section or subdivision, indicating the location and boundaries of individual properties.

"Porch" means a covered entrance to a building, usually with a separate roof, that may or may not be enclosed, or a roofed, open gallery attached to the exterior of a building.

"Primary caregiver" means an individual twenty-one (21) years of age or older who has significant responsibility for managing the well-being of a qualifying patient and who is designated as such on the primary caregiver's application for an identification card under article XIV, section 1, right to access medical marijuana, of the Missouri constitution or in other written notification from the state of Missouri.

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

"Public building" or "facility" means a building or facility owned or operated by a general unit of a local, state or federal government; or a public building or facility under the laws of the state of Missouri; or a building or facility operated or used by a nonprofit organization and open to general use by the public.

"Public firearms range" means any rifle, pistol, silhouette, skeet, trap, black powder, or other similar range used for discharging firearms in a sporting event or for practice or instruction in the use of a firearm, or for the testing of a firearm or ammunition.

"Qualifying patient" means a Missouri resident who has been issued a qualifying patient identification card by the state of Missouri department of health and senior services.

"Recreational vehicle" means a vehicular, portable structure, built on a chassis or designed to be carried by any type of vehicle (whether located on or off such vehicle), traditionally used as a temporary dwelling for travel, recreational, or vacation purposes.

"RV park" means an area designed to provide spaces where one or more recreational vehicles can be temporarily parked for travel, recreation, or vacation purposes.

"Self-service storage facility" means a building or structure used for renting or leasing individual storage spaces in which the occupants themselves customarily store and remove their own personal property on a serf-service basis.

"Shipping container storage units (aka shipping containers)" means 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. Shipping container storage units are not considered to be accessory structures.

"Shopping center" or "mall" means a group of architecturally unified commercial establishments in one or more buildings, built on a site which is planned, developed, owned and managed as an operating unit related in its location, size and type of shops to the trade area that the unit serves. The unit provides on-site parking in definite relationship to the types and total size of the stores; and a mall includes a roofed-over common pedestrianway.

"Short term use" means a use for storage for a period of time less than six consecutive months.

Sign. See definition of "billboard."

"Story" means that portion of a building, 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, then the space between the floor and the ceiling next above it.

Story, Half. "Half story" means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space, not more than sixty (60) percent of the floor area, is finished off for use. A half-story may be used for occupancy only in conjunction with and by the occupancy of the floor immediately below.

"Street" means a public right-of-way or thoroughfare which affords the principal means of access to abutting property.

"Street line" means a dividing line between a lot, tract or parcel of land and a contiguous street.

"Structure" means anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground and including, but not limited to the following: advertising signs, billboards, fences, backstops for tennis courts, pergolas (projecting roofs), satellite television antennas and freestanding solar collectors or equipment.

"Structural alteration" means 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, excepting such repair or replacement as may be required for the safety of the building, but not including openings in bearing walls as permitted by existing ordinances.

"Tourist or trailer camp" means an area where one or more tents, auto trailers or recreational vehicles can be or are intended to be parked, designed or intended to be used as temporary living facilities of one or more families and intended primarily for automobile transients.

"Townhouse apartment" means one of a series of three or more attached dwellings, two or three stories in height, for single-family occupancy which are separated from one another by partition walls extending from basement to roof without openings, but which are not located or sited on individual subdivided lots.

"Use" means the purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.

"Vestibule" or "lobby" means a passage, hall or room between the outer door and the interior of a building.

"Yard" means an open space on the same lot with a building unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided in this chapter. In measuring required yard widths and depths, the minimum horizontal distance between the lot line and the main building shall be used.

Yard, Front. "Front yard" means a yard extending across the front of the lot and being the minimum horizontal distance between the front lot line and the main building, or any projections thereof, other than the projections of uncovered steps, unenclosed balconies or unenclosed porches. On corner lots, the front yard shall be considered as being parallel to the street upon which the lot has its least dimension.

Yard, Rear. "Rear yard" means a yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building, or any projections thereof, other than the projections of uncovered steps, unenclosed balconies or unenclosed portion. On all lots, the rear yard shall be at the opposite end of the lot from the front yard.

Yard, Side. "Side yard" means a yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between the side lot line and the side of the main buildings or any projections thereto.

(Ord. 3802 § 2, 1998; Ord. 3638 § 4, 1998; Ord. 3637 § 2, 1998; prior code § 29-2)

(Ord. No. 5014, § 1, 3-3-09; Ord. No. 5235, §§ 1—6, 6-21-11; Ord. No. 6030, §§ 1—4, 5-15-18; Ord. No. 6141, §§ 1, 2, 4-16-19; Ord. No. 6155, § 1, 6-4-19; Ord. No. 6280, § 1, 7-21-20; Ord. No. 6536, § 3, 8-2-22; Ord. No. 6613, § 1, 3-21-23; Ord. No. 6647, § 3, 6-20-23; Ord. No. 6687, § 1, 9-5-23)

A.

In order to classify, regulate and restrict the locations of trades, industries and residences, and the location of buildings designed for specific uses; to regulate and limit the height and use of buildings hereafter erected or structurally altered; to regulate and limit the intensity of use and lot areas; and to regulate and determine the area of yards, courts and other open spaces surrounding such buildings; the city is divided into districts of which there shall be thirteen (13) in number known as:

B.

The boundaries of these districts are shown upon the zoning district map for the city of Perryville, Missouri, which accompanies and is made a part of this chapter. Said map and all the information shown thereon shall have the same force and effect as if all were fully set forth and described herein. The original of the zoning district map is properly attested and is on file with the city clerk.

C.

All territory which may hereafter be annexed to the city shall be classified in the R-1 single-family residential district until, within a reasonable time after annexation, the annexed territory shall be appropriately classified by ordinance in accordance with Section 17.64.040.

D.

Whenever any street or other public way is vacated by official action of the city, the zoning district adjoining each side of such street or public way shall be automatically extended to the center of such vacation; and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.

E.

Where uncertainty exists with respect to the boundaries of the various districts shown on the zoning district map, the following rules shall apply:

1.

Where a boundary line is given a position within a street, alley or stream, it shall be deemed to be in the center of the street, alley or stream; and if the actual location of such street, alley or stream varies slightly from the location as shown on the zoning district map, then the actual location shall control.

2.

Where a boundary line is shown as being located a specific distance from a street line or other physical feature, this distance shall control.

3.

Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, such boundaries shall be construed to be the lot lines; and where the districts are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of such districts, unless the boundaries are otherwise indicated on the map.

4.

In unsubdivided property, unless otherwise indicated, the district boundary line shall be determined by the use of the scale shown on the zoning district map.

F.

Except as hereinafter provided:

1.

No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or land be used, except for the purpose permitted in the district in which the building or land is located;

2.

No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, except in conformity with the height, yard, area, parking and other regulations prescribed herein for the district in which the building is located;

3.

The minimum yards, parking spaces and other open spaces, including lot areas per family required by this title, shall be provided for each and every building or structure hereafter erected; and such minimum yards, parking spaces, open space and lot areas for each and every building or structure, whether existing at the time of passage of this chapter hereafter erected, shall not be encroached upon or be considered as a yard or open space requirement for any other building or structure.

4.

Every building hereafter erected and structurally altered shall be located on a lot as herein defined, and in no case shall there be more than one main building on one lot, unless otherwise provided in this title.

(Prior code § 29-3)

(Ord. No. 5235, § 7, 6-21-11)

A.

The laws of the State of Missouri require that nonconforming activities which have lawfully existed prior to the enactment of zoning ordinances by a city and which are maintained after the effective date of the zoning ordinances be allowed to continue after the zoning ordinances are passed. This requirement is known in the State of Missouri as "grandfathering." In order to inform its citizens and to comply with the laws of the State of Missouri, the city establishes this section.

B.

Protection will be afforded to a nonconforming use if it was lawfully established and in existence at the time the zoning ordinances became effective. Protection specifically applies to minimum lot area, width, and setback requirements for a "lot of record" as defined in Section 17.04.020 of this code that has been established even if said "lot of record" violates the zoning ordinances. The protection afforded to a "lot of record" shall not be limited by subsection C of this section.

C.

Any activity that existed prior to the enactment of the zoning ordinances of the city may continue within that zone so long as the activity is not abandoned or does not cease. In the event that a person ceases the activity for more than thirty (30) days for reasons other than fire, flood, or other natural disaster, then the activity shall no longer be grandfathered. A nonconforming use may not be altered or expanded unless expressly permitted by the zoning ordinances. In determining whether there has been an alteration or expansion, the nonconforming use will be strictly construed.

D.

A nonconforming use shall be subject to the same public health and safety requirements as if it were a conforming use. The technical codes adopted by the city and set forth in Chapter 15.04 of the code shall apply to nonconforming uses to the same extent and in the same manner that the technical codes apply to conforming uses. All police, fire, and public safety rules and regulations shall apply to nonconforming uses to the same extent and in the same manner as they apply to conforming uses.

(Ord. No. 5842, § 1, 2-7-17; Ord. No. 5897, § 1, 5-16-17; Ord. No. 5910, § 2, 6-20-17; Ord. No. 6228, § 1, 1-7-20)

A.

Medical Marijuana Cultivation Facility:

1.

Indoor facilities utilizing artificial lighting are limited to thirty thousand (30,000) square feet of flowering plant canopy space.

2.

Outdoor facility utilizing natural lighting shall be limited to two thousand eight hundred (2,800) flowering plants.

3.

Greenhouse facilities using a combination of natural and artificial light may be limited to two thousand eight hundred (2,800) flowering plants or thirty thousand (30,000) square feet of flowering plant canopy.

B.

Medical Marijuana Dispensary Facility:

1.

A medical marijuana dispensary facility cannot be originally located within one hundred (100) feet from a daycare, church, or K-12 public or private school, measured door to door.

2.

A medical marijuana dispensary facility shall not be located within any commercial building or structure that contains a residential unit on the same floor level.

3.

No medical marijuana dispensary facility shall be permitted to operate from a movable, mobile, or transitory location or from a residential structure.

4.

No medical marijuana dispensary facility shall be operated as a home occupation.

5.

No marijuana shall be displayed so as to be visible through glass, windows, or doors by a person of normal visual acuity standing at the outside perimeter of the medical marijuana dispensary facility.

6.

The sale or consumption of an alcoholic beverage within a medical marijuana dispensary facility is prohibited.

7.

The hours of operation for a medical marijuana dispensary facility shall be no more than from 7:00 a.m. to 9:00 p.m. on any day of the week.

8.

On-site consumption or inhalation of marijuana on or within the premises is prohibited.

9.

Adequate security on the premises of a medical marijuana dispensary facility may be required.

10.

Required warnings to be posted:

a.

A warning that the diversion of marijuana for non-medical purposes is a violation of state law;

b.

A warning that the use of medical marijuana may impair a person's ability to drive a motor vehicle or operate machinery and that it is illegal under state law to drive a motor vehicle or operate machinery when under the influence of or impaired by marijuana;

c.

A warning that possession and distribution of marijuana is a violation of federal law.

C.

Qualifying Patient Cultivation: A qualifying patient may obtain an identification card from the State of Missouri to cultivate up to six flowering marijuana plants for the exclusive use of that qualifying patient. All qualifying patient cultivation shall take place in an enclosed, locked facility that is equipped with security devices that permit access only by the qualifying patient or such qualifying patient's primary caregiver.

D.

Signage: All signage for a medical marijuana dispensary facility shall comply with the requirements for signage in other portions of this code.

E.

Prohibitions on Use: The following uses shall be prohibited and a violation of the zoning code and will result in the business activity being terminated and/or prosecution and punishment under Section 1.16.010 of this code. Prohibited activities shall be:

1.

All medical marijuana cultivation facilities and medical marijuana-infused products manufacturing facilities shall be designed and maintained to contain all odors that are generated from the marijuana cultivation or manufacturing activities. Any odor perceptible to two or more individuals fifty (50) feet from the boundary line of the property shall be a violation of this section.

2.

There shall be no public use of medical marijuana on any street, park, school, or other public facility.

3.

Any other prohibited uses set forth in this section.

(Ord. No. 6155, § 2, 6-4-19)