These zoning regulations, maps depicting zoning district boundaries and use table shall be known as the Raytown Zoning Regulations.

(Comp. Ord. of 4-20-2010, § 1-1)

Except as otherwise provided for herein, these zoning regulations are adopted by the board of aldermen under powers conferred by RSMo 89.010 et seq.

(Comp. Ord. of 4-20-2010, § 1-2)

These zoning regulations and districts as herein established have been made in accordance with a land use study to promote, in accordance with present and future needs, the safety, morals, order, convenience, prosperity, and general welfare of the citizens of the city, and to provide for efficiency and economy in the process of development, for the appropriate and best use of land, for convenience of traffic and circulation of people and goods, for the use and occupancy of buildings, for healthful and convenient distribution of population, and to protect individuals and property from flood hazards or flooding by providing for the orderly and safe development of flood-prone areas for the most advantageous uses that are consistent with the health, safety and welfare of the general public, and for adequate public utilities and facilities by regulating the location and use of buildings, structures, and land for trade, industry, and residence, by regulating and limiting or determining the height and bulk of buildings and structures, and area of yards and other open spaces, and the density of use. These regulations have been made with reasonable consideration, among other things, of the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the territory of the city.

(Comp. Ord. of 4-20-2010, § 1-3)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Access means the right to cross between public and private property, allowing pedestrians and vehicles to enter and leave property.

Accessory building means a detached building that is customarily incident to or subordinate to the main building located on the same tract or incidental or subordinate to the use of the land on which it is located.

Accessory use means the use of a building or land that is customarily incidental to and located on the same lot or premises as the main use of the premises. A building housing an accessory use is considered an integral part of the main building when it has any part of a wall in common with the main building or is under an extension of the main roof and designed as an integral part of the main building.

Adult day care center means a facility for adults having some or all of the characteristics of homes for the elderly, whether operated for profit or not, which through its operation provides one or more personal services for four or more persons not related by blood or marriage to the owner or operator, for a period of less than 24 hours. Personal services are in addition to housing and food service and include, but are not limited to, personal assistance with bathing, dressing, housekeeping, supervision, eating, supervision of self-administered medication and assistance in securing health care from appropriate sources.

Adult entertainment use definitions:

Adult means a person who has attained the age of at least 18 years.

Adult bookstore means an establishment having as a substantial or significant portion of its stock in trade books, magazines or other periodicals that are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined in this section, or an establishment or section devoted to the sale or display of such material.

Adult entertainment establishment means an establishment having as a substantial or significant portion of its business the offering of entertainment, stocks in trade of materials, scenes or other presentations characterized by emphasis on depiction or description of specified sexual activities or specified anatomical areas as defined in this section. An establishment that has more than two percent of its stock in trade of video recordings consisting of video recordings depicting specified sexual activities or specified anatomical areas shall be considered to be an adult entertainment establishment.

Adult mini-motion picture theater means an enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined in this section, for observation by patrons therein.

Adult motion picture theater means an enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined in this section, for observation by patrons therein.

Specified sexual activities means:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual intercourse or sodomy; and

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered human genitals and pubic regions, buttock, and female breast below a point immediately above the top of the areola; and

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Agricultural processing means the initial processing of crop-based agricultural products that is reasonably required to take place in close proximity to the site where such products are produced. Typical uses include grain mills.

Agricultural sales and service means an establishment primarily engaged in the sale or rental of farm tools and implements, feed and grain, tack, animal care products and farm supplies. This definition excludes the sale of large implements, such as tractors and combines, but includes food sales and farm machinery repair services that are accessory to the principal use.

Agriculture means the planting, cultivating, harvesting and storage of grains, hay or plants commonly grown in the county. The storage of crops, grains, feeds or other products shall be limited to those raised on or to be consumed on the premises.

Agriculture, general, means the use of land for the production of livestock, dairy products, poultry or poultry products.

Agriculture, limited, means the use of land for the production of nursery stock, row crops, field crops, tree crops or timber.

Airport or airstrip means any public or privately owned or operated ground facility designed to accommodate landing and take off operations of aircraft, including all taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces.

Alley means a dedicated public right-of-way that provides a secondary means of access to and from streets and lots.

Alteration means any addition, removal, extension or change in the location of any exterior wall of a main building or accessory building.

Animal care, general, means a use providing animal care, veterinary services or boarding. See Animal care, limited, and Kennel.

Animal care, limited, means a use providing animal care, boarding and veterinary services for household pets, with no outside animal runs. See Animal care, general, and Kennel.

Animal hospital or clinic means an establishment where animals are admitted principally for examination, treatment, board or care by a doctor of veterinary medicine. This includes kennels that are totally enclosed within the establishment and that have no outdoor facilities.

Apartment means a room or suite of rooms within a multi-household dwelling arranged, intended or designed for a place of residence of a single household or group of individuals living together as a single housekeeping unit.

Appeal means a request for a review of the community development director's interpretation of any provision of this chapter or, in the case of flood protection, a request for a variance.

Area, building, means the total area taken on a horizontal plane at the largest floor level of the main or principal building and all accessory buildings on the same lot exclusive of uncovered porches, terraces, steps, awnings, marquees and non-permanent canopies and planters.

Area, floor, habitable, means the sum of the horizontal areas of all rooms in a building used for habitation, such as living room, dining room, kitchen, bedroom, bathroom or closet, but not including hallways, stairways, service rooms or utility rooms, unheated rooms such as enclosed porches or rooms without at least one window or skylight opening onto a yard or court, measured between the interior faces of walls.

Area, floor or gross floor, means the sum of the gross horizontal areas of the several stories of a building excluding cellar and basement floor areas not devoted to residential use, but including the area of walled-in and roofed porches and terraces. All dimensions shall be measured between exterior faces of walls.

Asphalt or concrete plant means an establishment engaged in the manufacture, mixing, batching or recycling of asphalt, asphaltic cement, and cement or concrete products.

Auditorium or stadium means an open, partially enclosed or fully enclosed facility used or intended to be used primarily for spectator sports, entertainment events, expositions and other public gatherings. Typical uses include convention and exhibition halls, sports arenas and amphitheaters.

Automated teller machine (ATM) means a mechanized consumer banking device operated by a financial institution for the convenience of its customers, whether outside or in an access-controlled facility. An ATM located within a building shall be considered accessory to the principal use unless the ATM is likely to be an independent traffic generator.

Bank or financial institution means establishments engaged in deposit banking. Typical uses include commercial banks, savings institutions and credit unions. Banks and financial institutions also include automated teller machines.

Bar or tavern means an establishment in which the primary function, meaning over 50 percent of the revenue, is comprised of the sale and serving of alcoholic and cereal malt beverages for consumption on the premises, including establishments commonly known as cocktail lounges and nightclubs.

Basement means any area of the building having its floor subgrade (below ground level) on all sides.

Basic industry means an establishment engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials. Typical uses include distilleries, pulp processing and paper products manufacturing; glass manufacturing; brick manufacturing; steel works; tanneries; acid manufacturing; cement, lime, gypsum, or plaster of Paris manufacturing; fertilizer or chemical manufacturing; and petroleum refineries.

Bed and breakfast home or inn means a dwelling where for compensation one or more rooms are available for lodging and breakfast served to lodgers only. When conducted as a home occupation, such facilities are designated as "home." When designated as an "inn," such facilities may be operated as a home occupation or as a business enterprise. When specifically permitted, tea rooms for a limited number of customers may be operated in conjunction with bed and breakfast inns.

Boardinghouse or lodging house means a building, other than a hotel, occupied as a single housekeeping unit, where lodging or meals are provided for three or more persons for compensation, pursuant to previous arrangements, but not for the public or transients.

Breezeway means a pedestrian connection between two buildings, having a permanent roof and floor, and having no sidewalls, except that screen wire or lattice having at least 50 percent open area may be attached in the form of sidewalls.

Buildable width means the width of that part of a lot not included within the open spaces herein required.

Building means a structure having a roof supported by columns or walls whether or not completely enclosed. When separated by common walls without openings, it shall be deemed a separate building. When divided by other than common or contiguous walls, each portion or section of such building shall be regarded as a separate building, except that two buildings connected by a breezeway having a continuous roof shall be deemed as one building.

Building, attached, means a building having at least one wall or more in common with another building.

Building, detached, means a building having no walls in common with another building.

Building height means the vertical measurement from grade to a point midway between the highest and lowest points of the roof.

Bulk regulations means the height, area, yard and parking regulations associated with permitted uses in zoning districts.

Business and professional office means the office of a dentist, doctor, attorney, real estate agent, insurance agent, architect, engineer or other similar professional person and any office used primarily for accounting, correspondence, research, editing or administration, but not including rooms for the overnight care of patients.

Campground means any parcel of ground that provides space for transient occupancy and is used or intended to be used for the parking of one or more camping trailers or similar recreational vehicles or tents. The term "campground" does not include sales lots on which unoccupied camping trailers, whether new or used, are parked for the purpose of storage, inspection or sale.

Camping trailer means any vehicular portable dwelling unit designed especially for short-term occupancy such as: travel trailers, tent trailers, truck or auto-mounted camping units, converted buses and trucks, and all other similar units whether self-propelled, pulled or hauled, and designed primarily for highway travel without the necessity of a special permit.

Carwash means an establishment primarily engaged in cleaning or detailing motor vehicles, whether self-service, automatic or by hand.

Cemetery means land used or intended to be used for burial or cremation of the dead, whether human or animal, including a mausoleum or columbarium.

Child foster care facility means any private residence licensed by the division of family services or department of mental health to provide foster care to one or more but less than seven children who are unrelated to either foster parent by blood, marriage or adoption.

Child nursery means a building where five or more children under six years old, other than members of the household occupying such building, are served and taken care of for compensation.

College or university means an institution of higher education offering undergraduate or graduate degrees.

Common open space means a parcel of land or an area of water, or combination of both land and water, and designed and intended for the use and enjoyment of the residents of the development. Common open space does not include streets, alleys, parks, off-street parking or loading area, publicly-owned open space or other facilities dedicated by the developer for public use.

Communications tower means a guyed, monopole or self-supporting tower, constructed as a freestanding structure or in association with a building, other permanent structure or equipment, containing one or more antennas intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone or similar forms of electronic communication.

Compost facility means a facility that is designed and used for transforming food, yard wastes and other organic material into soil or fertilizer by biological decomposition.

Conditional use means a use of any building, structure or parcel of land deemed by the planning commission that, by its nature, is perceived to require special care and attention in siting so as to assure compatibility with surrounding properties and uses. Conditional uses may have special conditions and safeguards attached to assure that the public interest is served and are subject to approval as set out in article V. Conditional Uses.

Construction sales and service means an establishment engaged in the retail or wholesale sale of materials used in the construction of buildings or other structures, and the outdoor storage of construction equipment of materials on lots other than construction sites. Typical uses include lumberyards, home improvement centers, lawn and garden supply stores, electrical, plumbing, air conditioning, and heating supply stores, swimming pool sales, construction contractors' storage yards and construction equipment rental establishments.

Contingency plans means detailed plans for control, containment, recovery and clean-up of hazardous materials released during floods, fires, equipment failures, leaks and spills.

Convenience store means a small retail establishment that is open long hours, typically sells staple groceries, snacks, and beverages, and shall be primarily engaged in the retail sale of gasoline or other motor fuels (contracted to either a nationally branded fuel refiner/distributor or a convenience store chain proprietary brand) subject to the approval of a conditional use, along with accessory activities such as the sale of lubricants, accessories and supplies. This definition shall not include the lubrication of motor vehicles, and the adjustment or repair of motor vehicles. This definition shall not include any business where the primary business activity is the sales of tobacco, tobacco products, vaping/e-cigarette products, and package liquor, or any combination thereof that constitutes a majority of the business activity where sales of gasoline and sundries are incidental.

Correctional facility means a facility providing housing and care for individuals confined for violations of law.

Court means an open space, bounded on three or more sides by exterior buildings, walls or by exterior walls of a building and lot lines upon which walls or fences are allowable.

Cultural service means a facility providing cultural and educational services to the public. Typical uses include museums, art museums, observatories, planetariums, botanical gardens, arboretums, zoos, and aquariums.

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

Day care center means a day care establishment that provides care, protection, and supervision for 20 or more children at any one time, excluding those under the custody of the day care provider, in a location other than the provider's permanent residence and licensed by the state of Missouri.

Day care, group home, means an establishment that provides care, protection and supervision for 11 to 20 children at any one time, excluding those under the custody of the day care provider, in a location other than the provider's permanent residence and licensed by the State of Missouri.

Day care, family home, means a day care center that provides care, protection and supervision for not more than ten children at any one time, not including those related to the day care provider, and licensed by the State of Missouri for five or more children.

Developer means the owner, or any other person, firm or corporation authorized by the owner, undertaking proceedings under the provisions of these regulations for the purpose of rezoning or seeking a conditional use on land.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, levee, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Drive-in establishment means an enterprise that accommodates the patrons' automobiles and from which the occupants of the automobiles may make purchases, transact business or view motion pictures or other entertainment.

Dwelling means any building or portion thereof that is designed and used exclusively for residential purposes.

Dwelling, multihousehold, means a building designed for or occupied exclusively by three or more households living independently of each other.

Dwelling, single-household, a detached dwelling, designed for or occupied by one single household, containing one dwelling unit. For the purposes of these zoning regulations, foster homes and small group living shall be considered single-household dwellings.

Dwelling two-household, means a building designed for or occupied by two households living independently of each other in separate dwelling units.

Dwelling unit means one or more rooms constituting all or part of a dwelling that are used exclusively as living quarters for one household and not more than two roomers or boarders, and that contain a stove, sink and other kitchen facilities.

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Facility means something built, installed or established for a particular purpose.

Fast food restaurant means any business establishment whose principal business is providing for the preparation or sale of prepared foods, frozen desserts, or beverages for either carry out/delivery or for consumption on the premises where either:

(1)

Foods, frozen desserts or beverages are usually served in edible containers or in paper, plastic or other disposable containers, and where customers are not served their food, frozen desserts or beverages by a restaurant employee at the same table or counter where the items are consumed; or

(2)

The establishment includes a drive-up or drive-through service facility or offers curb service.

Financial institution means an establishment primarily or as an accessory use engaged in the provision of financial and banking services. Typical institutions include banks, independent automatic teller machines (ATM) not located on the property of a financial institution, savings and loan institutions, credit unions, loan and lending services, pawn shops and loan brokers as defined in RSMo ch. 367.

Floor area ratio means the ratio of the floor area of a building to its lot area. For example, when a floor area ratio of four-tenths is specified, the floor area of a building constructed on a lot of 10,000 square feet in area is limited to a maximum of 4,000 square feet. The number of stories being optional, the building area may be 4,000 square feet for one story, 2,000 square feet for each of two stories, and so forth. The purpose of this ratio is to control the bulk of buildings.

Food/bakery product manufacturing means a use engaged the manufacture of food and food products, including non-retail bakeries, canning facilities and creameries.

Foster home means a single-household dwelling that is the private residence of one or more household members providing 24-hour care to one or more but less than seven children who are unattended by parent or guardian and who are unrelated to either foster parent by blood, marriage, or adoption.

Freight terminal means a building or area in which freight brought by truck, rail or air is processed for continued shipment by truck, rail or air.

Garage, carport, means a partial enclosure attached to a dwelling or other building for storage only of motor vehicles.

Garage, storage, means a building or portion thereof, except those defined as a private, public or community garage, providing storage for motor vehicles, with facilities for washing but no other services.

Gas and fuel sales/storage means the use of a site for bulk storage and distribution and sales of flammable liquid, gas or solid fuel, excluding belowground storage that is clearly ancillary to an allowed principal use on the site.

Golf course means a facility providing private or public golf recreation services and support facilities. This definition shall exclude miniature golf courses and golf driving ranges except those that are clearly accessory uses. See Recreation and entertainment, outdoor.

Goods means any merchandise, equipment, products, supplies, or materials.

Government service means buildings or facilities owned or operated by a government entity and providing services for the public, excluding utilities and park and recreation services. Typical uses include administrative offices of government agencies and utility billing offices.

Group home means a residential facility serving nine or fewer residents and not more than two of whom are staff residents, similar in appearance to a single-family dwelling and providing basic health supervision, rehabilitation training, community integration or social support. Group homes are specifically licensed by the State of Missouri or otherwise permitted by law.

Group living, large, means any dwelling occupied by more than ten unrelated persons that cannot be defined as a household.

Group living, small, means any dwelling occupied by at least four but no more than ten unrelated persons that cannot be defined as a household.

Guest house means living quarters within a detached accessory building located on the same lot with the main building for use by temporary guests of the occupants of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling.

Hazardous material means a material that is defined in one or more of the following categories:

(1)

Ignitable: A gas, liquid or solid that may cause fires through friction, absorption of moisture or that has low flash points. Examples: white phosphorous and gasoline.

(2)

Carcinogenic: A gas, liquid or solid that is normally considered to be cancer causing or mutagenic. Examples: PCBs in some waste oils.

(3)

Explosive: A reactive gas, liquid or solid that will vigorously and energetically react uncontrollably if exposed to heat, shock, pressure or combinations thereof. Examples: dynamite, organic peroxides and ammonium nitrate.

(4)

Highly toxic: A gas, liquid or solid so dangerous as to afford an unusual hazard to life. Examples: parathion and chlorine gas.

(5)

Moderately toxic: A gas, liquid or solid that through repeated exposure or in a single large dose can be hazardous. Example: atrazine.

(6)

Corrosive: Any material, whether acid or alkaline, that will cause severe damage to human tissue, or in case of leakage might damage or destroy other containers of hazardous materials and cause the release of their contents. Examples: battery acid and phosphoric acid.

Hazardous operation means activities that present the potential for serious hazards to human life and health. Typical uses include arsenals, atomic reactors, explosives and fireworks manufacture, hazardous waste disposal, medical waste disposal and radioactive waste handling.

Health club means a facility where members or nonmembers use equipment or space for the purpose of physical exercise.

Heliport or helipad means an area, either on the ground or on a building, used as a landing pad for helicopters to pick up or discharge passengers or cargo.

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the United States Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.

(3)

Individually listed on a state inventory of historic places in states with historic preservation programs that have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

a.

By an approved state program as determined by the Secretary of the Interior; or

b.

Directly by the Secretary of the Interior in states without approved programs.

Home-based business (also includes the term home occupation where it may appear throughout this chapter) means a home-based business operating in a residential dwelling that manufactures, provides, or sells goods or services and owned and operated by the owner or tenant of the residential dwelling in which the business is located. Such business use shall be clearly subordinate to the residential use of the dwelling unit and comply with all applicable standards contained in section 50-107(b)(7). This definition includes both no impact home-based businesses and home-based work as defined in this section.

Home-based business, no-impact, (including the term no-impact home-based business) means a type of home-based business that:

(1)

Is engaged in the sale of lawful goods and services compliant with Missouri State Statute (RSMo) sections 71.990 and 89.500, where the business activities take place primarily in the residential dwelling and its associated yard area;

(2)

Does not cause a substantial increase in traffic through the residential area;

(3)

The activities of the business are not visible from any public street;

(4)

Does not use any equipment that produces noise, light, odor, smoke, gas, or vibrations that can be seen, felt, heard, or smelled by a person of ordinary senses outside of the property boundary where the business is located;

(5)

Does not sell any goods or services for which a health inspection would be required if the business were not located in a residence unless the owner or tenant provides written consent from the local health department with jurisdiction to inspect the business during normal business hours or at any other time that the business is operating;

(6)

Is operating in a residential dwelling that manufactures, provides, or sells goods or services inside the residential dwelling or in the yard that is owned and operated by the owner or tenant of the residential dwelling in which the business is located; and

(7)

Does not exceed the occupancy limit of the dwelling unit. The total number of persons in the home, including residents, customers, clients, employees, and all others may not exceed the maximum occupancy of the residence at any time. This maximum occupancy shall be posted in a conspicuous location inside the primary entrance to the dwelling hosting the home-based business.

Home-based work, means a type of home-based business that:

(1)

Is engaged in the sale of lawful goods and services compliant with Missouri State Statute (RSMo) sections 71.990 and 89.500;

(2)

The activities of the business take place primarily or entirely outside the residential dwelling and associated yard area;

(3)

This use category includes, but is not limited to, contractors (plumbers, electricians, painters, HVAC technicians, and other similar construction businesses), event planners, door to door salesmen, independent operators (includes tractor units and tow trucks but does not confer the right to operate vehicle storage lots or tow lots at the residential dwelling address and its associated yard area), health care professionals (visiting nurses and aides), wholesalers and distributors; and

(4)

Any vehicles related to the business such as tow trucks, box trucks, large vans, and semi-tractor units, do not exceed both the number permitted or the maximum gross vehicle weight rating limit in residential areas.

Hospital means:

(1)

An institution that offers service more intensive than those required for room, board, personal services and general nursing care;

(2)

An institution that offers facilities and beds for use beyond 24 hours by individuals requiring diagnosis, treatment, or care for illness, injury, deformity, infirmity, abnormality, disease, or pregnancy;

(3)

An institution that regularly makes available at least clinical laboratory services, diagnostic X-ray services, and treatment facilities for surgery or obstetrical care, or other definitive medical treatment of similar extent. Hospitals may include offices for medical and dental personnel, central service facilities such as pharmacies, medical laboratories and other related uses; and

(4)

A place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than 24 consecutive hours in any week of three or more non-related individuals suffering from illness, disease, injury, deformity or other abnormal physical conditions; or a place devoted primarily to provide for not less than 24 consecutive hours in any week medical or nursing care for three or more non-related individuals.

The term "hospital" does not include a dwelling used for group living, large or small, or residential care facilities.

Hotel or motel means:

(1)

An establishment used, maintained or advertised as a place where sleeping accommodations, in rooms without individual kitchens, are supplied for short-term rent to transient guests. Typical uses include hotels and motels.

(2)

A building occupied or used as a more or less temporary abiding place of individuals or groups of individuals who are lodged with or without meals, and in which there are more than five sleeping rooms.

Household means one or more persons living together and sharing common living, sleeping, cooking and eating facilities within an individual dwelling unit, no more than three of whom may be unrelated. The following persons shall be considered related for the purpose of this definition:

(1)

Persons related by blood, marriage or adoption, or foster care;

(2)

Persons residing in a household for the purpose of adoption;

(3)

Person(s) living in a household at the direction of a court.

Indirect illumination means lighting of a sign or object in such a way that the source of light cannot be seen.

Junk means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, iron, steel and other old or scrap ferrous or nonferrous material.

Junk yard means premises or a building that is maintained, operated or used for storing, keeping, buying or selling junk. The term shall include garbage dumps.

Kennel means a commercial operation that:

(1)

Provides food, shelter and care for three or more dogs of six months of age or older for purposes not related to medical care, such as boarding, breeding or training, including dogs owned by the occupants of the property; or

(2)

Regularly engages in the breeding of animals for sale.

See Animal care, general, and Animal care, limited.

Landfill means a disposal facility employing an engineered method of disposing of solid waste, including demolition and construction debris.

Laundry service means an establishment that is primarily engaged in the large-scale washing or cleaning of laundry, rugs and similar materials. This definition does not include laundromats or dry cleaning pick-up stations.

Library means a publicly operated establishment housing a collection of books, magazines, audio and videotapes and other material for borrowing and use by the public.

Loading space means a space within the main building or on the same lot, providing for the loading or unloading of trucks, within a minimum of 14 feet by 50 feet and a vertical clearance of 18 feet.

Lot means a parcel of land occupied or intended for occupancy by one main building or a complex of buildings together with the accessory structures and including the open spaces and parking required by these regulations, which may include more than one lot of record or metes and bounds, described tract having its principal frontage upon a public street.

Lot area means the total area within the property lines of a lot or tract.

Lot, corner, means a lot abutting upon two or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the director of community development department or the director's designee. A corner lot has two front yards.

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

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

Lot lines means the boundary lines of a lot. If a zoning lot has two or more front lot lines, the director of community development department shall designate the yards.

Lot of record means a lot that is part of a subdivision, the map of which has been recorded in the office of the county recorder of deeds, or a lot that is described by metes and bounds, the description of which has been recorded in the office of the recorder of deeds.

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

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

Manufactured home means a structure, transportable in one or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a recreational vehicle. Manufactured homes will only be allowed in property zoned as Manufactured Home Park Residential District (MH).

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Manufacturing and assembly means an establishment engaged in the manufacture predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industry.

Materials recovery facility means a facility in which source separated commingled recyclable materials, such as newspapers, glass, metals and plastic containers, are stored, flattened, crushed and/or bundled prior to shipment to others who will use those materials to manufacture new products.

Medical service means an establishment, providing therapeutic, preventive, or corrective personal treatment services on an outpatient basis by physicians, dentists, and other practitioners of the medical or healing arts, and the provision of medical testing and analysis services. Typical uses include clinics and offices for doctors of medicine, dentists, chiropractors, osteopaths, optometrists; blood banks and medical laboratories.

Military service means a facility used or intended to be used by a branch of the U.S. Armed Forces, including military reserves.

Mining or quarrying means the extraction of metallic and nonmetallic minerals, excluding oil or natural gas. Typical include sand and gravel pit operations, quarries and mines.

Mobile home sales means an establishment primarily engaged in the display and sale of mobile homes or manufactured housing units.

Modular home means a manufactured residential structure built to a nationally-recognized and accepted construction standard published by the Building Conference of America (BOCA) or the International Conference of Building Officials (ICBO) and the unit is inspected and certified at the factory that it meets said standard.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the city.

Nonconforming lot of record means a lot that does not comply with the lot area and yard regulations for any permitted use in the zoning district in which it is located, and was part of a recorded subdivision of a parcel of land, the deed to which was recorded prior to the adoption of zoning and or subdivision regulations.

Nonconforming structure means any building or structure in existence at the time of the effective date of these regulations that does not conform to the provisions of the same.

Nonconforming use means any land occupied by a use at the time of the effective date of the ordinance from which this chapter is derived that does not conform with the provisions of the same.

Oil or gas drilling/refining means the subsurface extraction or refining of oil or natural gas.

Open space means the lot area unoccupied by a building, parking areas, and driveways, which is either landscaped or developed for recreational use by the occupants of such premises.

Overlay district means a district in which additional requirements act in conjunction with the underlying zoning district(s). The original zoning district designation does not change.

Parking lot, commercial, means an area used or intended to be used for the off-street parking of operable motor vehicles on a temporary basis, other than as accessory parking to a principal use.

Parking space, off-street, means a paved area constructed of concrete or asphalt or similar material that is at least nine feet wide and 18 feet deep, enclosed or unenclosed, to store one automobile, having the minimum dimensions as determined by the community development director, to which an automobile has direct access.

Parks and recreation means a park, playground or community facility, owned by or under the control of a public agency or homeowners' association that provides opportunities for active or passive recreational activities.

Person means any individual, firm, copartnership, corporation, company, association, joint stock association or body politic, and includes any trustee, receiver, assignee or other similar representative thereof.

Planned development means a tract of land under single ownership or control at least one acre in size that is to be developed in accordance with a plan adopted by resolution and the boundaries of which are established by the zoning district map.

Planning and zoning commission means the city planning and zoning commission; also called the "planning commission" and "commission."

Post office means a facility used for the collection, sorting and distribution of U.S. mail among several zip code areas and having limited retail services for the public, such as the sale of stamps, postcards and postal insurance.

Printing and publishing means the production of books, magazines, newspapers and other printed matter, and record pressing and publishing, engraving and photoengraving, but excluding businesses involved solely in retail photocopying, reproduction, photo developing or blueprinting services.

Recreation and entertainment, indoor, means an establishment offering recreation, entertainment or games of skill to the public for a fee or charge and that is wholly enclosed in a building. Typical uses include bowling alleys, indoor theaters, bingo parlors, pool halls, billiard parlors and video game arcades.

Recreation and entertainment, outdoor, means an establishment offering recreation, entertainment or games of skill to the public for a fee or charge, wherein any portion of the activity takes place in the open. Typical uses include archery ranges, batting cages, golf driving ranges, drive-in theaters, and miniature golf courses.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

400 square feet or less when measured at the largest horizontal projections;

(3)

Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Recycling means the return of municipal solid waste items, most notably, glass, paper, aluminum, steel, other metals, motor oil, yard waste and plastics, for reuse or remanufacture as a usable product.

Recycling collection center means a building and/or site, with more than 1,000 square feet in area, in which source separated recoverable materials, such as newspapers, glassware and metal cans are collected, stored, flattened, crushed or bundled prior to shipment to others who will use those materials to manufacture new products. The materials are stored on-site in bins or trailers for shipment to market.

Religious assembly means a site used by a bona fide religious group primarily or exclusively for religious worship and related religious services, including a place of worship, retreat site or religious camp.

Repair service means an establishment primarily engaged in the provision of repair services to individuals and households, but excluding vehicle repair services. Typical uses include appliance repair shops.

Research service means an establishment engaged in conducting basic and applied research including production of prototype products when limited to the minimum scale necessary for full investigation of the merits of a product, excluding production of products used primarily or customarily for sale or for use in non-prototype production operations.

Residential care facility means a Residential Care Facility I, Residential Care Facility II, Intermediate Care Facility, or Skilled Nursing Facility, as those terms are defined in RSMo ch. 198. The term "residential care facility" does not include a hospital.

Restaurant means a building wherein food is prepared and served to the public in ready-to-eat form, including a bed and breakfast home or inn. The term "restaurant" includes cafe, cafeteria, grill, pizza parlor, diner, snack shop, hamburger shop and steak house.

Reverse vending machine means a machine in which recyclable materials are deposited in exchange for cash.

Safety service means a facility for conduct of public safety and emergency services, including fire and police protection services and emergency medical and ambulance services.

Salvage yard means an area of land with or without a building used for or occupied by a deposit, collection or storage of used or discarded materials such as wastepaper, rags or scrap material, or used building materials, house furnishings, machinery, motor vehicles or parts thereof with or without the dismantling, processing, salvage, sale or other use or disposition of the same. Such materials shall be stored inside a completely enclosed building. A salvage yard shall also include the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of two or more motor vehicles, which for a period exceeding 30 days have not been capable of operating under their own power or from which parts have been removed for reuse or sale, shall cause the parcel to be considered to be a salvage yard.

School, elementary, middle or high, means the use of a site for instructional purposes on an elementary or secondary level.

Service station means any building or land used for the sale or retail of automobile fuels, oils and accessories, including lubrication of automobile and replacement or installation of minor parts and accessories, but not including major repair work such as motor replacement, body and fender repair or spray painting.

Shooting range means an outdoor facility used or intended to be used for the discharge of firearms at targets.

Sign means any structure or part thereof or any device attached to, printed on or represented on a building, fence or other structure, upon which is displayed or included any letter, word, model, banner, flag, pennant, insignia, decoration, device or representation used as, or which is in the nature of, an announcement, direction, advertisement, or other attention-directing device. A sign shall not include a similar structure or device located within a building except illuminated signs within show windows. A sign includes any billboard. It does not include a flag, pennant or insignia of any of the following:

(1)

Any nation or association of nations;

(2)

Any state, city or other political unit;

(3)

Any political, charitable, educational, philanthropic, civic drive, movement or event.

Solid waste collection/processing means recycling collection centers, incinerators, processing facilities, materials recovery facilities, solid waste transfer stations or any facility where municipal solid wastes are salvaged, sorted, processed or treated.

Solid waste transfer station means a facility where solid waste or recyclable material is transferred from collection vehicles (some sorting may occur) to long distance hauling vehicles for transportation to a central solid waste management facility for processing, disposal, incineration or resource recovery.

Source separation means materials that are separated from the municipal solid waste stream at the point of origin for the purpose of recycling. For example, households separating paper, glass and aluminum from the rest of the solid waste.

Start of construction, means the date the building permit was issued, including for substantial improvements, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Start of construction does not include land preparation, such as clearing, grading and filling; the installation of streets and/or walkways; excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Stockyard means a non-farm based facility used or intended to be used for selling or holding livestock.

Street means any public way.

Structural alteration means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls. For the purpose of these regulations, the following shall not be considered a structural alteration:

(1)

Attachment of a new front where structural supports are not changed.

(2)

Addition of fire escapes where structural supports are not changed.

(3)

New windows where lintels and support walls are not materially changed.

(4)

Repair or replacement on non-structural members.

Structure means a walled and roofed building that is principally above ground, a manufactured home or gas or liquid storage tank that is principally above ground. The term does not include fences or public structures such as utility poles, street light fixtures and street signs.

Studio, television or film, means an establishment primarily engaged in the provision of recording or broadcasting services accomplished through the use of electronic mechanisms.

Subdivision means the division of a parcel of land into two or more lots, or other divisions of land; said term shall include resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land or territory subdivided.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement.

(1)

The term "substantial improvement" means any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term "substantial improvement" includes structures that have incurred substantial damage, regardless of the actual repair work performed.

(2)

The term "substantial improvement" does not, however, include either:

a.

Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications that have been identified by the community development department director and that are the minimum necessary to assure safe living conditions; or

b.

Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

Townhouse means a building containing two or more dwelling units, which dwelling units are separated by a party wall and which dwelling units are designed and intended to be separately owned in fee under the condominium statutes of the state.

Trailer means and includes a separate vehicle not driven or propelled by its own power, drawn by some independent power. For purposes of these regulations, the term "trailer" shall not include mobile, manufactured or modular homes.

Transit facility means a facility used or intended to be used as an area for loading, unloading and interchange of transit passengers. Typical uses include bus terminals, rail stations and passenger related mass transit facilities.

Use means the specific purpose for which land or a building is used.

Utility, major, means generating plants; electrical switching facilities and primary substations; water and wastewater treatment plants; water tanks; and radio, television and microwave transmission towers; and similar facilities of agencies that are under public franchise or ownership to provide the public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection or other similar service. The term "utility, major," shall not be construed to include corporate or general offices, gas or oil processing, manufacturing facilities, postal facilities or other uses defined in this section.

Utility, minor, means services and facilities of agencies that are under public franchise or ownership to provide services that are essential to support development and that involve only minor structures, such as poles and lines.

Vacant site means a site on which there are no buildings or structures or a site on which there are only accessory buildings or paved surfaces.

Variance means an appeal from the provisions of these regulations granted by the board of zoning adjustment, where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the regulations. Variances shall apply to the location, construction or alteration of buildings or structures, so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done but shall not permit any use not permitted in the zoning district.

Vehicle repair, general, means an establishment primarily engaged in painting of or bodywork to motor vehicles or heavy equipment. Typical uses include paint and body shops.

Vehicle repair, limited, means an establishment providing vehicle repair and maintenance services such as brake, muffler, exhaust systems, automotive glass, wheel alignment, tire sales and repair, engine tune up, lubrication and other similar minor repair and maintenance services provided they are within a completely enclosed building.

Violation of floodplain-management regulations means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in these regulations is presumed to be in violation until such time as that documentation is provided.

Vision triangle means a triangular area at a street or driveway intersection in which nothing shall be erected, placed (including automobiles, trucks and other large vehicles or trailers), planted, or allowed to grow in such a manner as to materially impede vision and, therefore, the safety of vehicles and pedestrians, between the height of 30 inches and ten feet above the grades of the bottom of the curb of the intersecting streets or driveways. Such area on a corner lot shall have two sides that are measured from the center of the lot line intersection and a third side across the lot joining the ends of the other two sides. Where the lot lines at intersections have rounded corners, the lot lines will be extended in a straight line to a point of intersection. In all residentially zoned districts, the vision triangle shall have the requirement that the two sides forming the corner lot line or driveway intersection shall be a minimum distance of 30 feet from the center of the lot line intersection, and in all other zoning districts such distance shall be a minimum of 20 feet (except that there shall be no vision triangle requirements in the Town Square Overlay District).

Vocational school means a use providing education or training in business, commercial trades, language, arts or other similar activity or occupational pursuit, and not otherwise defined as a "College or University" or "School."

Warehouse, residential storage means an enclosed storage facility containing independent, fully enclosed bays that are leased to individuals exclusively for dead storage of their household goods or personal property.

Warehousing and wholesale means an establishment primarily engaged in the storage or sales of materials, equipment, or products or sales to wholesalers or retailers. Typical uses include cold storage, warehousing and dead storage facilities, but excluding residential storage warehouses and sales of good to the general public.

Yard means a required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from the ground upward, provided, however, that fences, walls, poles, posts, and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility.

Yard, front, means a yard extending across the full width of the lot, the depth of which is the least distance between the lot line or road easement or right-of-way line and the front building line.

Yard, rear, means a yard extending across the full width of the lot between the rear building line and the rear lot line, the depth of which is the least distance between the rear lot line and the rear building line.

Yard, side, means a yard between the side building line and the side lot line and extending from the front yard to the rear yard and being the least distance between the side lot line and the side building line.

(Code 1969, § 16-1; Ord. No. 139, § 1, 7-19-1966; Comp. Ord. of 4-20-2010, §§ 2-1, 11-7; Ord. No. 5571-17, §§ 1, 2, 3-7-2017; Ord. No. 5580-17, §§ 1, 2(Exh. A), 9-5-2017; Ord. No. 5640-20, §§ 1, 2(Exh. A), 2-18-2020; Ord. No. 5708-22, § 1, 10-18-2022; Ord. No. 5714-22, § 2(Exh. A), 12-6-2022)

(a)

These zoning regulations shall apply to the land or structures located within the boundaries of the city.

(b)

These zoning regulations shall not apply to railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right-of-way and maintenance and repair work on such facilities and equipment.

(c)

These zoning regulations shall not apply to poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar distributing equipment for telephone or other communications, electric power, gas, water and sewer lines, provided that such installation shall conform where applicable to all state and federal authorities with jurisdiction.

(Comp. Ord. of 4-20-2010, § 1-4)

Except as otherwise provided for herein, these zoning regulations shall be administered by the community development department director or his delegate.

(Comp. Ord. of 4-20-2010, § 1-6; Ord. No. 5708-22, § 1, 10-18-2022)

(a)

Where the conditions imposed by the provision of these regulations upon the use of land or structures are either more restrictive or less restrictive than comparable conditions imposed by any other provision of any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations that are more restrictive and impose higher standards or requirements shall govern.

(b)

The provisions of these regulations are not intended to abrogate any easement, deed restriction, covenant, or other private agreement or legal relationship, provided that where the requirements of these regulations are more restrictive or impose higher standards or regulations than such private agreements, the requirements of these regulations shall govern.

(c)

Nothing contained in these regulations shall be deemed to be a consent, license or permit to use any property or to locate, construct, or maintain any structure or facility or to carry on any trade, industry, occupation, or activity.

(Comp. Ord. of 4-20-2010, § 1-7)

(a)

No more than one principal structure and use may be located upon one lot. No accessory structure may be built on the lot prior to the construction of the principal structure.

(b)

All territory that may hereafter be annexed into the city shall be subject to the provisions of the zoning ordinance and shall be placed in a zoning district that most closely resembles the land use that exists on the land at the time it is annexed into the city.

(c)

In all residentially zoned districts, the vision triangle shall have the requirement that the two sides forming the corner lot line intersection shall be a minimum distance of 30 feet from the center of the lot line intersection and in all other zoning districts such distance shall be a minimum of 20 feet (except that there shall be no vision triangle requirements in the Town Square Overlay District).

(Comp. Ord. of 4-20-2010, §§ 1-9.01, 1-9.02, 1-9.04)

All principal structures built hereafter within the city shall be served by and connected to public electric, sewer and water systems.

(Comp. Ord. of 4-20-2010, § 1-9.06)

(a)

The following shall not be considered to be obstructions when located in a front, side or rear yard:

(1)

Open terraces not more than four feet above the average level of the adjoining ground but not including a permanent roof over a terrace or open or closed porches;

(2)

Awnings or canopies without independent supports;

(3)

Accessibility ramps four feet or less above grade that are necessary for access to a permanent structure or for access to a lot from a street or alley;

(4)

One-story bay windows, chimneys, and overhanging eaves and gutters projecting 36 inches or less;

(5)

Window wells projecting 36 inches or less;

(6)

Arbors and trellises;

(7)

Flagpoles, ornamental lights and gas fixtures; and

(8)

Signs, when permitted by the sign regulations.

(b)

Permitted obstructions shall not interfere with the vision triangle, shall not interfere with safe ingress and egress from required yards, and shall not present an endangerment to pedestrians.

(Comp. Ord. of 4-20-2010, § 1-9.07)

If a recorded subdivision plat imposes a building or setback line that is different from the minimum setback or yard required by the applicable section of these regulations, then, notwithstanding any other provision of these regulations, the minimum or maximum setback or yard shall be the same as that shown on such subdivision plat, provided that it has been recorded prior to the effective date of the ordinance from which this chapter is derived and has not otherwise been officially vacated.

(Comp. Ord. of 4-20-2010, § 1-9.08)

The front yard setback line established by district regulations shall be adjusted in the following cases:

(1)

Increased front yard setbacks. Where there is no recorded front setback line established by platting and all of the frontage is developed with buildings that have observed a front yard setback that is greater than that required by the applicable zoning district, then the minimum front yard setback shall be increased as follows:

a.

Where a new building is to be erected on a parcel of land that is located between two existing buildings the minimum front yard setback of the proposed building shall be the average of the front yard setback of the two adjacent buildings;

b.

Where a new building is to be erected on a parcel of land that is located adjacent to an existing building on one side only, such proposed building may be erected as close to the street as the existing building; or

c.

Where an addition to a building is to be erected on a parcel of land within 100 feet of any adjacent building, such addition shall not be closer to the street than the adjacent building, or the building onto which the addition is to be placed, whichever building has the smaller front yard setback. In no case, however, shall a new or enlarged building have a front yard setback that is greater than 60 feet in a residential, commercial or industrial district except within an overlay district.

(2)

Reduced front yard setbacks. Where there is no recorded front setback line established by platting and where 50 percent or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have observed a front yard setback that less than that required by the applicable zoning district, then the minimum front yard setback may be reduced as follows:

a.

Where a new building is to be erected on a parcel of land that is located between two existing buildings the minimum front yard setback of the proposed building shall be the average of the front yard setback of the two adjacent buildings;

b.

Where a new building is to be erected on a parcel of land that is located adjacent to an existing building on one side only, such proposed building may be erected as close to the street as the existing building; or

c.

Where an addition to a building is to be erected on a parcel of land within 100 feet of any adjacent building, such addition shall not be closer to the street than the adjacent building, or the building onto which the addition is to be placed, whichever building has the smaller front yard setback. In no case, however, shall a new or enlarged building have a front yard setback that is less than ten feet in a residential, commercial or industrial district except within an overlay district.

(Comp. Ord. of 4-20-2010, § 1-9.09)

No land that is located in a residential district shall be used for a driveway, walkway or access purpose to any land that is located in any commercial or industrial district.

(Comp. Ord. of 4-20-2010, § 1-9.10)

[a]

Any structure, vehicle or device may be allowed as an accessory use or structure if it meets the definition of accessory use or building contained in these regulations. Such uses may include, but are not limited to, the following:

[b]

On all property zoned residential, all accessory buildings shall comply with the following regulations unless a conditional use permit has been issued for the accessory building, pursuant to section 50-445 of these zoning regulations:

(1)

An accessory building shall not be constructed on a lot until the principle structure has been constructed.

(2)

Number of accessory buildings allowed: No more than two accessory buildings shall be located on a lot.

(3)

Size of accessory buildings allowed: No accessory building shall cover a land area exceeding 720 square feet and a second accessory building shall not cover a land area exceeding 120 square feet.

(4)

Maximum height of accessory buildings:

a.

An accessory building covering a land area of 720 square feet or less shall not have a height greater than the principle building on the property or 15 feet, whichever is less.

b.

An accessory building covering a land area of 120 square feet or less shall not exceed eight feet in height.

(5)

Exterior Materials Allowed:

a.

The exterior materials of an accessory building covering more than 120 square feet of land area shall be the same as the exterior materials on the principle building. Alternative exterior materials may be approved by the director of community development if such materials are durable, similar to the exterior materials on the principle building, and of a type commonly used in residential construction in Raytown.

b.

The exterior on an accessory building that is 120 square feet or less shall consist of one of the following materials:

1.

Prefabricated metal shed kit;

2.

Wood siding;

3.

Cement fiber siding;

4.

Clear fiberglass siding commonly used for greenhouses;

5.

Other exterior materials approved by the director of community development if such materials are durable, similar to the exterior materials on the principle building, and of a type commonly used in residential construction in Raytown.

(6)

Accessory buildings shall comply with all other applicable regulations and codes of the City of Raytown.

[c]

On all property zoned residential, all accessory uses shall comply with the following regulations:

(1)

Storage of recreational equipment and vehicles such as boats, camping trailers or motor homes is permitted, provided that they shall not be utilized for living purposes, except for the convenience of temporary lodging only for a period of two weeks each year and, when stored on a residential lot as personal property of the occupant, shall not be located within the right-of-way of any dedicated street or less than five feet from any property line, as long as such storage is on a paved surface.

(2)

Guest houses (without kitchen facilities) or rooms for guests in a permitted accessory building, provided that such facilities are used for the occasional housing of guests of the occupants of the principal building and not as rental units for permanent occupancy as housekeeping units.

(3)

Outdoor storage shall not be permitted as an accessory use, except as specifically permitted in the district regulations.

[d]

On all property zoned residential, all accessory structures other than accessory buildings shall comply with the following regulations unless approved as part of a planned zoning overlay district or a conditional use permit has been issued for the accessory structure, pursuant to section 50-445 of these zoning regulations:

(1)

Statuary, arbors, trellises, barbecue stoves, flagpoles, fences and walls constructed in accordance with these zoning regulations, bathhouses and swimming pools that are enclosed by a security-type fence as approved by the community development director, regardless of whether the pool is above or below ground.

(2)

Pens, kennels, or other enclosures used for the keeping of animals are permitted, subject to the following conditions:

a.

No pen, kennel or other enclosure for the housing of dogs or cats shall be kept or maintained within 15 feet of the nearest portion of any building occupied by or in any way used by human beings, other than the dwelling occupied by the owner or keeper of the dogs or cats, or within ten feet of any property line.

b.

No chicken coop, dove cote, rabbit hutch or other yard establishment for the housing of fowl or small animals, except dogs and cats, shall be kept or maintained closer than 100 feet to the nearest portion of any building occupied by or in any way used by human beings, other than the dwelling occupied by the owner or keeper of the animals or fowl, or within 25 feet of any property line.

c.

No pen, kennel or other enclosure used for the keeping of animals shall exceed 216 square feet.

(Comp. Ord. of 4-20-2010, § 1-9.11; Ord. No. 5181-07, § 1, 2-20-2007)

The uses of land permitted in each district, unless specifically restricted to particular districts, are subject to the regulations and time limits as listed in the use table and to the other applicable regulations of the district in which the use is permitted.

(Comp. Ord. of 4-20-2010, § 1-9.12)

All development shall control any storm water drainage that is created as the result of any development of the property according to adopted city standards currently maintained by the community development department director.

(Comp. Ord. of 4-20-2010, § 1-9.13; Ord. No. 5708-22, § 1, 10-18-2022)

No structure shall be constructed or erected on a lot or tract of land or moved to a lot that does not abut a public street or permanent easement of access to a public street. Such easement shall have a minimum width of 20 feet.

(Comp. Ord. of 4-20-2010, § 1-9.14)

(a)

In interpreting and applying the provisions of these zoning regulations, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. It is not intended by these zoning regulations to interfere with or abrogate or annul any easements, covenants or other agreement between parties, provided, however, that where these zoning regulations impose a greater restriction upon the use of buildings or premises or upon height of buildings, or require larger open spaces than are imposed or required by other rules, regulations or by easements, covenants or agreements, the provisions of this chapter shall govern.

(b)

The director of community development department shall determine, in cases of uncertainty, the classifications of any use not specifically enumerated in this chapter.

(Comp. Ord. of 4-20-2010, § 27-1; Ord. No. 5708-22, § 1, 10-18-2022)

Should any section, clause or provision of these regulations be declared invalid or unconstitutional by any court of competent jurisdiction, the same shall not affect the validity of these regulations as a whole, or any part thereof, other than the part so declared to be invalid or unconstitutional.

(Comp. Ord. of 4-20-2010, § 27-2)

(a)

The adoption of these regulations repeals the existing zoning regulations of the city.

(b)

Despite the repeal of regulations existing at the time of adoption of these regulations and provided in this section, nothing contained in these regulations shall affect any rights accrued or liabilities incurred under said previously existing regulations.

(Comp. Ord. of 4-20-2010, § 27-3)

(a)

Any violation of any provision of this chapter shall be deemed to be a misdemeanor and punishable by a fine of not to exceed $100.00 for each offense, and each day's violation shall constitute a separate offense. If the offense is deemed willful in nature by a court, the violation shall be deemed to be a misdemeanor punishable by imprisonment for ten days for each offense and a fine not to exceed $250.00. Each day's willful violation shall constitute a separate offense. Any such person who, having been served with an order to remove any such violation, shall fail to comply with said order within ten days after such service, or shall continue to violate any provisions of the regulations made under authority of this chapter in the respect named in such order, shall also be subject to a civil penalty of $250.00.

(b)

The board of aldermen or any person, the value or use of whose property is or may be affected by such violation, shall have the authority to maintain suits or actions in any court of competent jurisdiction to enforce these zoning regulations, and to abate nuisances maintained in violation thereof.

(c)

Whenever any building or structure is or is proposed to be erected, constructed, altered, converted or maintained or any building, structure or land is or is proposed to be used in violation of any zoning regulations, the board of aldermen, in addition to other remedies, may institute injunction, mandamus or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use or to correct or abate such violation or to prevent the occupancy of such building or land.

(d)

Special technical costs incurred on the part of the city as necessary and reasonable to prove any violation concerning noise, smoke and particulate matter, vibration, toxic and noxious matter, odorous matter, fire and explosive hazards, glare and heat, shall be assessed against the property owner as an additional penalty for the violation of any such provisions of this chapter.

(Comp. Ord. of 4-20-2010, § 27-4)