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Village Of Four Seasons
City Zoning Code

ARTICLE I

- IN GENERAL

Sec. 32-1. - Title.

These standards shall be known and may be cited as "The Zoning Ordinance of the Village of Four Seasons, Missouri."

(Zoning Ord., § 100)

Sec. 32-2. - Intent and purpose.

It is the intent and purpose of this chapter to assist in the achievement of balanced development within the Village. The Village requires an approach to the use, administration, and enforcement of development regulations that protect existing property owners in equity and social experience; that recognizes development problems, yet maintains high development standards; and that produces development resulting in balanced growth through the implementation of the comprehensive plan. This chapter, in regulating and guiding the use of land, is intended:

(1)

To promote and protect the public health, safety, morals, comfort, and general welfare of the people;

(2)

To serve as an implementing tool for comprehensive planning;

(3)

To regulate and limit the height and bulk of buildings hereafter to be erected;

(4)

To fix reasonable standards to which buildings or structures shall conform;

(5)

To establish, regulate, and limit the building or setback lines on or along any street, traffic-way, drive, parkway, or stormwater or floodwater runoff channel or basin;

(6)

To encourage the development and arrangement of land uses and structures that will yield the greatest social and economic benefits for citizens of the Village;

(7)

To provide adequate light, air, privacy, and safe, convenient access to property;

(8)

To lessen or avoid congestion in the public streets and highways;

(9)

To divide the Village into zoning districts restricting and regulating therein the location, erection, construction, reconstruction, alteration, and use of buildings, structures, and land for residential, business, manufacturing, agriculture, and other specified land uses;

(10)

To prohibit uses, buildings, or structures incompatible with the character of such districts, and to screen and buffer incompatible uses between separate districts;

(11)

To guide the provision of water, sewer, stormwater, and other utility services;

(12)

To establish minimum requirements and standards for development and redevelopment within the area of the Village's jurisdiction to achieve reasonable initial costs and to reduce future maintenance costs of public and private improvements and services;

(13)

To conserve the values of property throughout the Village, to protect its character and stability, and to promote the orderly and beneficial development in each district;

(14)

To provide for the elimination of incompatible and nonconforming uses of land, buildings, and structures which adversely affect the character and value of desirable development in each district;

(15)

To provide for the administration, enforcement, and amendment of this chapter;

(16)

To provide penalties for the violation of this chapter; and

(17)

To define and limit the powers and duties of the administrative officers and bodies as provided herein.

(Zoning Ord., § 101)

Sec. 32-3. - Authority.

The provisions set forth in this chapter have been prepared in accordance with the authority granted by RSMo 89.020.

(Zoning Ord., § 102)

Sec. 32-4. - Accordance with the comprehensive plan.

The standards herein set forth have been established in accordance with the comprehensive plan for the Village which has made due allowance for existing conditions and the direction of building development to the best advantage of the entire Village.

(Zoning Ord., § 103)

Sec. 32-5. - Accordance with subdivision standards, building codes, and animal control ordinances.

The provisions set forth in this chapter shall be construed in a manner which is consistent with the subdivision standards, building codes, and animal control ordinances of the Village, and no provision in this chapter shall repeal any provision of the foregoing codes or ordinances unless an express reference indicating such repeal is made.

(Zoning Ord., § 104)

Sec. 32-6. - Restrictions on existing permits.

(a)

Existing restrictions. Where this chapter imposes a greater restriction upon the land, buildings, or structures than is imposed or required by existing provisions of law, ordinance, contract, or deed, the provisions of this chapter shall govern.

(b)

Existing permits. This chapter is not intended to abrogate or annul any building permits, zoning permits, variance, special use, or lawful permits issued before the effective date of the ordinance from which this chapter is derived; however, any requested change in any permit shall follow the procedures and requirements of this chapter.

(Zoning Ord., § 105)

Sec. 32-7. - Rules of interpretation and definitions.

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:

Abandonment means an action to give up one's rights of interest in the property.

Accessory structure, building, or use means a building or use which:

(1)

Is subordinate to and serves a principal building or principal use;

(2)

Is subordinate in area, extent, or purpose to the principal building or principal use served;

(3)

Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use; and

(4)

Is located on the same zoning lot as the principal building or principal use.

Administrator means the Planning and Zoning Administrator, as designated by the Village Board of Trustees, or his duly authorized representative. The Administrator is hereby authorized and it is his duty at the direction of the Village Board and Planning and Zoning Commission to administer and enforce the provisions of this chapter, making such determinations, interpretation and orders as are necessary therefor, and requiring such plats, plans, or other descriptive material in connection with applications for permits as are necessary for him to judge compliance with this chapter.

Agricultural use.

(1)

The term "agricultural use" means the use of land for agricultural purposes. This includes necessary buildings and structures, including residences occupied by those primarily engaged in the occupation of agriculture, used for agriculture, including, but not limited to:

a.

Farming for the production of row crops, grain, hay, vegetables, and other farm produce;

b.

Dairying and any other pasturage of animals; and

c.

Wood lots, tree farms, and nurseries.

(2)

The term "agricultural use" does not include cattle feed lots, hay lots, poultry ranches, or other high-density animal husbandry uses.

Alterations, as applied to a building or structure, means a physical change in a building or an addition to it. An alteration that includes an addition, projection into yards or change in use may require zoning approval.

Amusement game machines means coin-operated machines or devices, which, whether mechanical, electrical, or electronic, shall be ready for play by the insertion of a coin or token, and may be operated by the public for use as a game, entertainment, or amusement, the object of which is to achieve either a high or low score, which by comparison to the score of other players, whether playing concurrently or not, demonstrates relative skill or competence, or indicates in any other way competitive advantage of one player or team over another, regardless of skill or competence; and which contains no automatic payoff device for the return of money, coins, checks, tokens, or merchandise, or which provides for no such pay-off by any other means, and which in itself does not constitute a gambling device. The term "amusement games machines" includes devices such as pinball machines or any device which utilizes a video tube to reproduce symbolic figures and lines intended to be representative of real games or activities.

Amusement machines, other, means coin-operated machines or devices, not including amusement games, which provides a ride, sensation, electronic reading or weight, photograph, lamination, or item of merchandise provided at random among other items of merchandise, for use by and to the amusement of the public.

Animal means every non-human species of animal, both domestic and wild.

Animal, domestic, means an animal which has extensively and historically been a part of a family or household for pleasure, companionship, and protection. Domesticated animals are household pets and are inclusive of animals, fowl, reptiles, and fish, such as dogs, cats, parakeets, goldfish, and painted turtles.

Apartment means a suite of rooms or a room with a private bath and kitchen facilities in a building arranged and intended for a place of residence of a single-family or a group of individuals living together as a single housekeeping unit.

Apartment house. See Dwelling, multiple-family.

Area, gross, means the entire area within the boundary lines of the territory proposed for development, including the area to be dedicated for street and alley rights-of-way and public use.

Area, net, means the entire area within the boundary lines of the territory proposed for development, less the area to be dedicated to street and alley rights-of-way and public use.

Area of zoning lots means the total horizontal area (square footage) within the property lines of a lot, excluding public streets and alleys, meeting the district requirements of this chapter.

Attached building means a building attached to another building by a common wall, such wall being a solid wall with or without windows and doors, and a common roof.

Auditorium means a room, hall, or building made a part of a church, theater, school, recreation building, or other building assigned to the gathering of people as an audience to hear lectures, plays, and other presentations.

Automotive service station means any building, land area, or other premises, or portion thereof, used for retail dispensing or sales of vehicular fuels; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar accessories.

Barrier (natural or artificial) means any street, highway, river, pond, canal, railroad, levee, embankment, screening by a fence or hedge, or similar obstruction.

Basement means a story having more than one-half its height below the average level of the adjoining ground.

Bed and breakfast means a private residence rented to guests. The term "bed and breakfast" shall be subordinate and incidental to the residential use of the building if it is located in the residential district. The maximum length of stay shall not be greater than 14 consecutive days. No bed and breakfast home shall be located within 500 feet of any other bed and breakfast nor located in an "R-1" Residential District.

Billboard means a sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located or to which it is affixed.

Block means an area of land entirely bounded by streets, highways, barriers, or ways (except alleyways, pedestrian ways, or exterior boundaries or a subdivision unless the exterior boundary is a street, highway, or way), or a combination of streets, public parks, cemeteries, railroad rights-of-way, shorelines, or waterways.

Boardinghouse means a building other than a hotel or restaurant where meals, or lodging and meals, are provided for compensation to persons who are not members of the keeper's family, but not open on a daily, overnight, or per-meals basis to transient guests.

Buffer zone means a strip of land with or without improvements or landscaping used to visually separate one type of land use from another with which it is incompatible, or to shield or block noise, lights, or other nuisances.

Buildable area means the space remaining on a zoning lot after the minimum setback requirements of this chapter have been complied with.

Building means any structure, whether temporary, semi-permanent, or permanent, designed or intended for the support, enclosure, shelter, or protection of persons, property, chattels, animals, or substances of any kind. A structure that is principally above ground and is enclosed by walls and a roof. The term "building" includes a gas or liquid storage tank in order that such tanks will be constructed to the same flood damage protection standards. The term "building" includes a manufactured home or prefabricated building which is affixed to a permanent site and connected to the required utilities and a recreational vehicle installed on a site for more than 180 days.

Building coverage means the area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.

Building height means the vertical distance of a building measured from the average elevation of the proposed finished grade at the front wall of the building to the highest point of the roof.

Building line. See Setback line.

Building, principal, means a non-accessory building in which the principal use of the zoning lot is conducted.

Building, temporary, means any building not designed to be permanently located in the place where it is, or where it is intended to be placed or affixed.

Centerline means:

(1)

The centerline of any right-of-way having a uniform width;

(2)

The original centerline, where an original right-of-way has been widened irregularly, other than by relocation;

(3)

The new centerline wherever a road has been relocated;

(4)

The survey centerline established by the agency having jurisdiction over the right-of-way established with an irregular width.

Channel means a natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow thus is that water which is flowing within the limits of the defended channel.

Child care center means a private establishment licensed under RSMo 210.201 through 210.245 enrolling six or more children for at least six hours of the 24-hour day for a pre-arranged compensation, but not including nursery schools, kindergartens, or other facilities of which the purpose is primarily educational, recreational, or medical treatment.

Church means a religious association providing worship services on a regular schedule.

Clinic means a place used for the care, diagnosis, and treatment of sick, ailing, infirm, and injured persons but who are not provided with room and board nor kept overnight on the premises.

Club means a nonprofit association of persons who are bona fide members organized for some common purposes and paying regular dues; not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

Commission means the Planning and Zoning Commission of the Village as constituted by ordinance.

Common area means any area or space designated for joint use of tenants or owners.

Comprehensive plan means the plan for the Village that establishes growth and development goals designed to guide the growth and development of the Village.

Condominium means the ownership of individual dwelling units in a multi-dwelling unit structure on a single parcel of land with common ownership of all portions of the property except the dwelling units.

Condominium association means the community association which administers and maintains the common property and common elements of a condominium.

Convenience store means a retail establishment having a gross floor area of 5,000 square feet or less primarily selling foods or other household goods customarily sold in larger supermarkets or groceries. Should automobile fuel be sold at a convenience store, then the convenience store shall be classified as a gasoline station.

Cul-de-sac means a short land access street having only one end open for vehicular traffic and the other permanently terminated by a turnaround for vehicles.

Density, gross, means the total number of dwelling units divided by the total project area, expressed as gross dwelling units per acre.

Density, net, means the total number of dwelling units divided by the total project area, less area for street rights-of-way.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, construction or substantial improvements to buildings or other structures, the placement of mobile homes, mining, dredging, filling, grading, paving, excavation, or drilling operations.

Disk, satellite, means a thin, flat, circular plate type object that is placed on private property and/or business property to be used to receive satellite images and signals.

District means a portion of the territory of the Village within which certain uniform regulations and requirements of various combinations thereof apply under the provisions of this chapter.

Driveway means a minor private way used for vehicles on a zoning or mobile home lot or for common access to a small group of lots or common parking facilities.

Dwelling means any building or portion thereof designed or used exclusively as living quarters for one or more families, other than hotels, motels, tourist homes, clubs, hospitals, or similar uses.

Dwelling, multiple-family, means a building or portion thereof, designed or altered for occupancy by three or more families, each living as an independent housekeeping unit.

Dwelling, one-family, means a detached principal building designed for or used as a dwelling exclusively by one family as an independent housekeeping unit.

Dwelling, townhouse, means a one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside. No unit is located over another unit and each unit is separated from any other unit by one or more common fire resistant walls.

Dwelling, two-family, means a detached principal building designed for or used as a dwelling exclusively by two families, each living as an independent housekeeping unit.

Dwelling unit means a residential unit providing complete independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Earth terminal antenna orearth terminal means any apparatus or device, commonly known as an earth terminal antenna, earth terminal, earth station, satellite communications antenna, satellite antenna, microwave disk antenna, dish antenna, microwave tower, or cellular telephone tower, and including as part of such apparatus or device the main reflector, subreflector feed, amplifier, and support structure, which is designed for the purpose of transmitting and/or receiving microwave, television, radio, satellite, or other electromagnetic energy signals into or from space, but does not include conventional television, radio, and amateur radio antennae.

Easement means a right to use another person's property, but only for a limited and specifically-named purpose.

Enclosed building means a building separated on all sides from adjacent open space or buildings by fixed interior walls or party walls, with openings only for windows and doors, and covered by a permanent roof.

Essential governmental or public utility services means the erection, replacement, constructions, alteration, or maintenance by public utilities or governmental departments of underground or overhead gas, electrical, steam, water transmission, or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in communication therewith, reasonably necessary for the furnishing of adequate service by such public utilities or governmental departments or commissions or for the public health or safety or general welfare, but not including buildings.

Excavation means any act by which organic matter, earth, sand, gravel, rock, or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed and shall include the conditions resulting therefrom.

Existing grade means the vertical location of the existing ground surface prior to excavation or filling.

Expressway means primary highway constructed as a freeway which has complete control of access.

Family means one or more persons related by blood or marriage, including adopted children, or a group of not-to-exceed three persons (excluding servants) not all related by blood or marriage, occupying premises and living as a single nonprofit housekeeping unit, as distinguished from a group occupying a boardinghouse, lodginghouse, hotel, club, or similar dwelling for group use.

Fast food restaurant means an establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off-premises.

Fence, open type, means a fence that is not a solid structure sealing off the flow of air. Plans must be approved by the Administrator, or his designated representative, prior to erection.

Fence, solid, means a fence that blocks the flow of air, such as a concrete wall, brick wall, or boards abutting one another. Used primarily for privacy. Plans must be approved by the Administrator, or his designated representative, prior to erection.

Filing date means the date the applicant has filed the last item of required data or information constituting a completed application and has paid the required fee.

Fill means any act by which earth, sand, gravel, rock, or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported, or moved by man to a new location and shall include the conditions resulting therefrom.

Flood means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters, or the unusual and rapid accumulation or runoff of surface waters from any source.

Floodplain means the relatively flat area or lowlands adjoining the channel of a river, stream, watercourse, lake, or ocean which has been or may be covered by floodwater; the land adjacent to a body of water which has been or may be hereafter covered by floodwater, including, but not limited to, the regional flood.

Floor area, gross (for the purpose of determining floor area ratio). The gross floor area of a building shall be the sum of the gross horizontal areas of the several floors of such building, measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings. In particular, the term "gross floor area" shall include:

(1)

Basement space if at least one-half of the basement story height is above the established curb or ground level;

(2)

Elevator shafts and stairwells at each floor;

(3)

Floor space used for mechanical equipment where the structural headroom exceeds 7½ feet, except equipment, open or enclosed, located on the roof (i.e., bulkheads, water tanks and cooling towers);

(4)

Attic floor space where the structural headroom exceeds 7½ feet;

(5)

Interior balconies and mezzanines;

(6)

Enclosed porches but not terraces and breezeways;

(7)

Accessory buildings.

Floor area, gross (for the purpose of determining requirements for off-street parking and off-street loading), means the sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space, such as counters, racks or closets, and any basement floor area devoted to retailing activities, to the production of processing of goods, or to business or professional offices. However, the term "floor area, gross," for purposes of measurement for off-street parking spaces, shall not include floor area devoted to off-street parking or loading facilities, including aisles, ramps, and maneuvering space; basement floor space not habitable or floor area occupied by permanently installed manufacturing or processing equipment, including telephone exchange equipment, electrical switchboard and transformers, air vents, elevator shafts, and similar areas.

Floor area, net, means the total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading, and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.

Floor area ratio (F.A.R.) means the ratio of gross floor area, in square feet, of all buildings on a lot to total lot area, in square feet.

Garage, private, means an accessory building or an accessory portion of the principal building which is intended for and used to store the private passenger vehicle of the family resident upon the premises. Such a garage shall not be used for more than one commercial vehicle and the load capacity of such vehicle shall not exceed 1½ tons.

Garage, public, means a building other than a private garage, used for the care, incidental servicing, and sale of automotive supplies, or where motor vehicles are parked or stored for remuneration, hire, or sale within the structure, but not including trucks, tractors, truck-trailers, and commercial vehicles exceeding 1½-ton capacity.

Garage, repair, means a service business whose primary function is the repair and service of vehicles, boats, appliances, and similar articles.

Gasoline service station means a building or premises or portion thereof used for the retail sales of gasoline, oil, or other fuel, automotive parts, supplies, or accessories for motor vehicles and which may include, as an incidental use only, facilities used for polishing, washing, or otherwise cleaning or light servicing of motor vehicles, but not including liquefied petroleum gas distribution facilities.

Grade, street, means the elevation of the established street in front of the building measured at the center of such front. Where no street grade has been established, the Village Engineer may establish such street grade or its equivalent for the purposes of this chapter.

Home day care means a private residence where care, protection, and supervision are provided, for a fee, at least twice a week to more than five children not related to the adult provider.

Home occupation means any occupation which is clearly incidental and secondary to use of the premises for dwelling purposes and which is carried on wholly within a main building or accessory building by a member of a family residing on the premises, in connection with which there is no advertising other than an identification sign of not more than one square foot in area, placed on the building or in a window of the building, and no other display or storage of material or exterior identification of such home occupation or variation from the residential character of the main building or accessory building; and in connection with which no person outside the family is employed and no equipment used which creates offensive noise, vibration, smoke, dust, odor, heat, or glare, and no sale of commodities not fabricated on the premises. The term "home occupation" shall not include beauty culture schools, beauty parlors, barbershops, fortunetelling, office administration to the health needs of individuals, or operation of a bed and breakfast, boardinghouse, hotel, motel, or motor hotel. The care and supervision of not more than four children other than those residing on the premises shall be considered a permitted home occupation. Additionally:

(1)

No parking in the public right-of-way shall occur as a result of this home occupation except for occasional meetings. If parking for a home occupation occurs in a manner or frequency causing disturbance to the normal traffic flow for the neighborhood, the occupation shall be considered a business to be handled in a commercial district rather than a home occupation.

(2)

The appearance of a dwelling as a residence shall not be altered to the extent that attention is drawn to the structure as a commercial or business operation. Alterations of building materials, size, or color of lighting fixtures or intensity, parking area, or any other exterior change should not cause the structure to change its residential character nor should it detract from the residential character of the neighborhood.

Hotel means a building designed or used for occupancy normally as the temporary lodging place of individuals, as paying guests.

Improvement means any manmade, immovable item which becomes part of, placed upon, or is affixed to, real estate.

Junkyard means any area where scrap, metal, paper, rags, or similar materials are bought, exchanged, stored, baled, packed, disassembled, or handled, including auto and building salvage yards.

Kennel or cattery means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs or cats.

Laundries.

Commercial industrial laundry means a business that provides washing, drying, and ironing services operated by the employees on the premises.

Laundromat means a business that provides home-type washing, drying, and ironing machines for hire to be used by the customers on the premises.

Loading space means an off-street parking or berth on the same lot with a building, or contiguous to a group of buildings 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 any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record, that is recognized and intended as a unit for the purpose of transfer of ownership. The term "lot" includes the terms "plot," "piece," and "parcel."

Lot area. See Area of zoning lots.

Lot, corner, means a lot abutting two or more streets at their intersection or upon two parts of the same street. The point of intersection of the street lines is the corner.

Lot coverage means the area of a zoning lot occupied by the principal building and accessory buildings.

Lot, depth, means the mean horizontal distance between the front and rear lot lines measured in the general direction of the side lot lines.

Lot, double frontage. See Lot, through.

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

Lot line, front, means the line separating the lot from the street. The street on which a building's frontage is oriented shall determine the location of the front lot line provided the front setback is no less than the average setback of existing buildings.

Lot line, rear, means the lot line most nearly parallel to and most remote from the front lot line.

Lot line, side, means any lot line other than front or rear lot lines. A side lot line separating a lot from a street is called a street side lot line. A side lot line separating a lot from another lot is called an interior side lot line.

Lot of record means a lot, which is part of a subdivision, the plat of which has been recorded in the office of the Recorder of Deeds of the County, or a lot that has been described by metes and bounds, the description of which has been recorded in the office of Recorder of Deeds of the County.

Lot, through, means a lot having frontage on two parallel or approximately parallel streets.

Lot, width, means the mean horizontal width of the lot measured at right angles to the side lot lines.

Manufactured home means a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards. A mobile home is not a manufactured home.

Master development plan means a combination of maps, drawings, site plans, charts, and supportive narrative material that portrays total development to be achieved in the overall project areas; which provides sufficiently detailed information to describe the intended character and configuration of development to be accomplished.

Mobile home means a transportable, factory-built home designed to be used as a yearround residential dwelling and built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.

Motel ormotor hotel means a series of attached, semi-attached, or detached sleeping or living units for the accommodation of transient paying guests, said units having convenient access to off-street parking spaces for the exclusive use of the guests or occupants.

Nonconforming use means a use of a building, structure, or land legally existing at the time of the adoption of the ordinance from which this chapter is derived or any amendment thereto and which does not conform to the use regulations of the district in which located.

Nursery school means a building, other than a residence, designed to provide daytime care or instruction for two or more children from two to five years of age, inclusive.

Nursing, rest, or convalescent home means a building intending for the use as a medical care facility for persons who need nursing care and medical service, but do not require intensive hospital care.

Obstruction means any dam, wall, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, bridge conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.

Office building means a building used primarily for conducting the affairs of a business, profession, service, industry, or government, or like activity, that may include ancillary services for office workers such as a restaurant, coffee shop, newspaper, or candy stand.

Office, professional, means an office (other than a service office and other than an office for care and/or treatment of, or medical attention to, animals as distinguished from persons) for the practice of professions such as the office of urban planners, physicians, dentists, attorneys-at-law, architects, engineers, artists, musicians, teachers, accountants, and others who through training are qualified to perform services of a professional nature, or the offices of a governmental agency and where there is no routine storage, sale, or display of merchandise on the premises.

Office, service, means an office in which are offered services by real estate agents, insurance agents, public stenographers, brokers, or others who through training are duly qualified to perform services of an executive nature (as distinguished from a professional office) and where there is no routine storage, sale, or display of merchandise on the premises.

Ordinary high water mark means the highest point on the bank of a normal stage channel at which the water level has been for a sufficient period of time to leave a definite mark.

Parking area, private, means an open, hard-surfaced area, other than a street or public way, designed, arranged, and made available for the storage of private passenger automobiles only, or occupants of the building for which the parking area is developed and is accessory.

Parking area, public, means an open, hard-surfaced area, other than a street or other public way, used for the parking of automobiles or other motor vehicles and available to the public whether for a fee or free for clients or customers.

Parking lane means a lane of a street used primarily for vehicular parking.

Permanent guest means any person who rents and occupies all or a portion of a building or land for a period of 31 days or more.

Permitted use means any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

Pet shop means any person, partnership, or corporation, whether operated separately or in connection with another business enterprise (except for a licensed kennel), that buys, sells, or boards any species of animal.

Planned unit development (PUD) means a comprehensively planned development usually characterized by a unified site design for a number of housing units, clustering buildings, and providing common open space, density increases, and a mix of building types and land uses on an area of land in individual, partnership, or corporate ownership and under unified control. The term "planned unit development" may contain a single type of land use or a combination of land uses.

Plat means:

(1)

A map representing a tract of land, showing the boundaries and location of individual properties and streets;

(2)

A map of a subdivision or site plan.

Plot means a parcel of land consisting of one or more lots or portions thereof which is described by reference to a recorded plat or metes and bounds.

Premises means a lot together with all the buildings and uses thereon.

Principal use means the main use of land or building as distinguished from a subordinate or accessory use.

Private street means any street providing access to abutting property that is not maintained by and dedicated to a local governmental unit.

Property line means a recorded boundary of a plot or plat.

Recreational vehicle means a vehicular-type portable structure without permanent foundation which can be towed, hauled, or driven and primarily designed as temporary living accommodations for recreational, camping, and travel use, and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes.

Recreational vehicle park means any park, camp, or site of land designated, maintained, or intended for the purpose of providing a temporary location or accommodations for any recreational vehicle or similar devices upon which any recreational vehicle is parked or located, including all buildings used or intended for use as part of the equipment or accessories thereof, whether or not the same or any part is held or operated for gain except, however, automobiles or recreational vehicle sales lots where unoccupied units are parked for inspection and sale.

Residence means a stationary detached principal building designed for or used as a dwelling as distinguished from a mobile (dwelling) home.

Roof means the external upper covering of a building.

Roofline means a horizontal line parallel to the average ground level of the structure along the front of the building designating the highest point on a flat roof, or where the flat surface area of a gable, hip, mansard, or gambrel roof is in view from the ground level, that line of demarcation separating the roof and the vertically structured facade, or a line along the front of the building delineating the roofline between the eaves and the ridge for gable, hip, and gambrel roofs.

Room means an unsubdivided portion of the interior of a dwelling unit, excluding bathrooms, kitchens, closets, hallways, service porches, and the like.

Setback line means a line that is usually parallel to the front, side, or rear lot line establishing the minimum space to be provided at the front, side, or rear yard.

Shoreline, Lake of the Ozarks, means the point at which the pool meets land, defined as the line of the 662-foot contour elevation.

Sign means any device designed to inform or attract the attention of a person.

Site means a parcel of land consisting of one or more lots, or portions thereon, which is described by reference to a recorded plat or by metes and bounds.

Site plan means maps, charts, drawings, architectural renderings, photographs, and other visual media showing the proposed development of physical facilities to be constructed within the PUD project area or any other development.

Slope means the degree of natural inclination of the existing ground.

Slope, steep, means lands with a slope of 12 percent or greater and those lands with a seven to 12 percent slope which are especially susceptible to soil erosion.

Stand, roadside, means a structure for the display and sale of only farm products which are produced on the premises.

Street, right-of-way line, means a line separating a lot, piece, or parcel of land from a street.

Structure means anything constructed or erected which requires permanent or temporary location on the ground or is attached to something having a permanent or temporary location on the ground, including a fence or freestanding wall, but not including poles, lines, cables, and other transmission facilities. A sign, billboard, or other advertising medium detached or projecting shall be considered a structure.

Substantial improvement.

(1)

The term "substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

a.

Before the improvement or repair is started; or

b.

If the structure has been damaged and is being restored, before the damage occurred.

(2)

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

a.

Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to ensure safe living conditions; or

b.

Any alteration of a structure or site documented as deserving preservation by the State Department of Natural Resources or listed on the National Register of Historic Places.

Tavern orlounge means a building where liquors are sold to be consumed on the premises, but not including restaurants where the principal business is serving food.

Temporary use means a use established for a fixed period of time with the intent of discontinuing such use upon the expiration of the time period.

Tower means an exceptionally tall building or superstructure that is used for either residential or business related purposes. Additionally, the term "tower" means an exceptionally tall structure that is used to place equipment for the transmission of images and/or sound, radio signals, microwaves, or similar uses.

Transient guest means any person who rents and occupies all or a portion of a building or land for a period of fewer than 31 days.

Transitional use means a land use of an intermediate intensity between a more intensive and a less intensive use.

Truck parking area or yard means any land used or intended to be used for the storage or parking of trucks, trailers, tractors, and including commercial vehicles, while not loading or unloading, which exceed 1½ tons in capacity.

Use means the purpose for which land or a building thereon is designed, arranged, or intended, or for which it is actually occupied or maintained, let or leased.

Used for includes the phrases "arranged for," "designated for," "intended for," "occupied for," and "maintained for."

Variance means a permit granted by the Board of Adjustment which grants a property owner relief from certain provisions of this chapter when, because of the particular physical surroundings, shape, or topographical conditions of the property, compliance would result in a particular undue hardship upon the owner, not of the owner's own making.

Vehicle means a receptacle in which something is placed in order to be moved by some means of conveyance on wheels, runners, or similar methods.

Village Board means the Village Board of Trustees of the Village of Four Seasons, Missouri.

Yard means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upwards, except fences as regulated and otherwise expressively provided for herein; in measuring a yard for the purpose of determining the width of a side yard, the minimum horizontal distance between the lot line and the main building shall be used.

Yard, front, means a yard extending across the full width of the lot between the front lot line and between the side lot lines and measured perpendicular to the building at the closest point to the front lot line. Where corner lots exist, the yard between both street right-of-way lines and the building line shall constitute a front yard.

Yard, rear, means a yard extending across the full width of the lot between the rear lot line and measured perpendicular to the building to the closest point of the rear lot line.

Yard, side, means a yard extending from the front yard to the rear yard between the principal building and the side lot line measured perpendicular to the side lot line to the closest point of the principal building.

Zone lot means a parcel of land in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage, and use, and that can provide such yards and other open spaces as required by the zoning regulations.

Zoning certificate means a document issued by the Administrator authorizing buildings, structures, or uses consistent with the terms of this chapter.

Zoning map means the zoning map or maps of the Village, together with all amendments subsequently adopted and incorporated into this chapter as a part hereof, designating zoning districts.

(Zoning Ord., § 108)