For the purpose of this chapter, certain words or terms used herein shall be defined as follows:

Accessory uses:

(a)

Structures and uses (such as private garages and sheds) customarily incidental to and on the same lot with a permitted use.

(b)

Customary home occupations (such as dressmaking or tailoring, or office of a physician or other professional person) incidental to a permitted use; provided, such occupations are carried on only by a resident member of a family meeting the following conditions:

(1)

Only one nonilluminated sign no larger than one square foot in area shall be used;

(2)

Nothing shall be done to make the building appear in any way as anything but a dwelling;

(3)

No business such as a shop or store shall be conducted upon the premises;

(4)

No one shall be employed full time from the outside of the resident family;

(5)

Mechanical equipment used shall be only that normally used in, or found in, a single-family dwelling.

(c)

A garage or parking space for not more than three (3) automobiles plus two (2) automobiles for each family in excess of three (3); provided that, except on a farm, storage of only one commercial automobile shall be permitted.

(d)

The sale of produce raised only on the premises.

(e)

The taking of lodgers and tourists.

(f)

Advertising signs pertaining only to the lease, sale, or use of a lot or building on which such signs are placed and not exceeding a total area of twelve (12) square feet; provided that, on a lot occupied by a dwelling, there may be for each family housed no more than two (2) signs with a total area of not more than two (2) square feet pertaining to the use of such building or bearing a name and the designation of any authorized occupations. All other signs are prohibited.

(g)

Farming and operations customarily performed on a farm, providing these are performed on acreage tracts where there is sufficient land and where no houses or pens for fowls or animals are located nearer than twenty-five (25) feet to any property line.

Build: To erect, convert, enlarge, reconstruct or structurally alter a building or structure.

Building: Any structure built for use of persons or animals. Structure means anything built that requires a permanent location; however, neither shall be construed to include trailers.

Carport: A canopy or shed open on three (3) sides and attached to the main building for the purpose of providing shelter for one or more motor vehicles.

Commission: Planning and zoning commission of the town.

District: A part of the town wherein regulations of this chapter are uniform.

Dwelling: A building used for residential purposes such as for living and/or sleeping. A single-family dwelling is a building that contains only one living unit; a two-family dwelling is a building that contains only two (2) living units; a multiple dwelling is a building that contains more than two (2) living units. For the purpose of this chapter, a trailer which is used as a residence and/or for living and/or sleeping purposes shall be considered a building. A trailer in a residential district shall not be considered a main building but it shall adhere to the yard, lot and area requirements for a main building as specified in section 20-56 of this chapter.

Family: One or more persons occupying a living unit as an individual housekeeping organization as distinguished from a group occupying a boardinghouse, lodging house, or hotel.

Garage apartment: A living unit for not more than one family erected above or adjacent to a garage, such garage and garage apartment being accessory to the main building. However, for the purpose of this section, similar construction above a garage used for any accessory purpose will be considered the equivalent of a garage apartment.

Grade: The average level of the finished surface of the ground for buildings more than five (5) feet from a street line. For buildings closer than five (5) feet to a street the grade is the sidewalk elevation at the center of the building. If there is no sidewalk, the building official shall establish the sidewalk grade.

Height of a building: The vertical distance from the grade to the highest point on a flat roof, the deck line of a mansard roof, or the mean height between eaves and ridge for gable, hip and gambrel roofs.

Living unit: The rooms occupied by a family. The living unit must include a kitchen.

Lodging house: A dwelling consisting of not more than one living unit occupied by not more than ten (10) persons not related by blood, marriage, or adoption. This term includes rooming house, boardinghouse, tourist home and nursing home.

Lot: A parcel of land occupied by, or which may hereafter be occupied by, a building and its accessory buildings, together with such open spaces and parking spaces as are required under this chapter, and having its principal frontage on an officially approved street or place.

Lot of record: A lot which is part of a subdivision, the map of which has been recorded in the office of the clerk of court of the parish; or a parcel of land which became legally established and defined by deed or act of sale on or before June 3, 1975.

Main building: A building in which is conducted the main or principal use of the lot on which such building is located.

Mobile home: A trailer.

Occupancy permit: Certificate of occupancy.

Office building: A building designed for or used as the offices of professional, commercial, industrial, religious, public or semipublic persons or organizations.

Parking space: One automobile parking space shall be an area not less than eight (8) feet by twenty (20) feet and the access to the parking space from a public street or alley shall be provided in addition to the space necessary for the parking.

Philanthropic use: A nonprofit establishment for the benefit of humanity and for public use.

Premises: Land together with any buildings or structures occupying it.

Row housing: Two (2) or more living units with common or party side walls between units, designed so that each unit may be sold independently as a lot with its own yards and parking spaces. Row housing shall be permitted only in the R-A and C districts.

Street: Property dedicated for and accepted for primary public access to lots.

Structural alteration: Any change in the supporting members of a building, such as bearing walls or bearing partitions, columns, beams, or girders, or any complete rebuilding of the roof or the exterior walls.

Trailer: Any vehicle, covered or uncovered, used for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirtings or which is, has been or reasonably may be, equipped with wheels or other devices for transporting the vehicle from place to place, whether by motive power or other means.

Yard: An open space at existing ground level between a building and the adjoining lot lines.

Yard, front: A yard extending across the front of a lot or plot between the side yards and being the minimum distance between the street line and the building or any projection thereof other than steps and cornices. The front has the lesser dimension.

Yard, side: A yard between the building and the side line of the lot and being the minimum distance between a side lot line and the side of the building or any projections other than steps and cornices.

(Ord. of 6-3-75, §§ 2.101—2.110, 2.112—2.130)

Cross reference— Rules of construction and definitions generally, § 1-2.

No building or land shall hereafter be used and no building or part thereof shall be erected, moved, or altered unless for a use expressly permitted by and in conformity with the regulations specified in this chapter for the district in which it is located, and as set forth in section 20-56 of this chapter, except as hereinafter provided.

(Ord. of 6-3-75, § 3.1)

(a)

Nonconforming uses are those lawful uses of premises that do not conform with the requirements of this chapter on the effective date of the ordinance from which this chapter is derived or that become nonconforming by reason of any amendment thereto.

(b)

Nonconforming uses may be continued; if there are no structural alterations, such a use may be changed to a use of the same or of a higher classification. If it is changed to a use of a higher classification than the nonconforming use, it cannot be changed back to the original nonconforming use. For the purposes of this paragraph, the "same classification" means uses permitted in the same district; a "higher classification" means uses in a district that is higher on the list shown in section 20-41 of this chapter.

(c)

If a nonconforming building use or land use is stopped or discontinued for six (6) months or more, it then must conform to the use regulations.

(d)

If a nonconforming individual house trailer is removed from the property on which it is located it may not be replaced by another house trailer.

(e)

Except as provided in paragraphs (f) and (g) of this section, a nonconforming use cannot be enlarged, extended, reconstructed, or structurally altered unless changed to a permitted use.

(f)

Nonconforming residential uses in all districts, nonconforming commercial uses in the R-60 and R-50 districts, nonconforming light industrial and commercial uses in the C districts, and nonconforming industrial uses in the L districts may be rebuilt, reconstructed, structurally altered or enlarged; provided, the owner submits evidence acceptable to the building official that such use and/or building existed on June 3, 1975.

(g)

If a building, the use of which is nonconforming, is damaged or destroyed to an extent of more than sixty (60) percent of its fair market value, by a fire, explosion, act of God, or the public enemy, then any restoration shall be for a permitted use.

(h)

Passage of the ordinance from which this chapter is derived in no way legalizes any illegal uses existing as of June 3, 1975.

(i)

Any building which does not conform to this chapter may be maintained in its existing use providing such annual maintenance cost does not exceed one-tenth of its fair sale value at that time.

(Ord. of 6-3-75, § 3.209)

Every building hereafter erected shall be located on a lot of record and in no case shall there be more than one main building on one lot; provided that more than one main institutional, public, business or commercial or manufacturing building may be located upon a lot or tract in any district where such uses are permitted. Garage apartments may be built on the same lot with the main residential building; provided the requirements for lot area per family are met.

(Ord. of 6-3-75, § 3.3)

(a)

Off-street automobile storage or standing space shall be provided on any lot or plot on which any of the following uses are hereafter established; such space shall be provided with vehicular access to street or alley and shall be deemed to be required open space associated with the permitted use and shall not hereafter be reduced or encroached upon in any manner. Except where required in connection with one- and two-family dwellings, such parking space shall be surfaced with a minimum of four (4) inches of gravel, shell or similar all-weather surface, and such access shall be similarly surfaced. Building and land uses shall be provided with such off-street automobile storage or standing space as follows:

(1)

One- and two-family dwellings; and individual house trailers: One parking space for each dwelling unit.

(2)

Multiple-family dwellings: Two (2) parking spaces for each dwelling unit; provided that multiple-family dwellings in the R-50 district need not meet this requirement.

(3)

Tourist homes, motels and hotels: One parking space for each sleeping room.

(4)

Theaters, auditoriums or other places of public assembly: One parking space for each sixteen (16) seats.

(5)

Offices, clinics, public buildings and similar places of business: One parking space for each five hundred (500) square feet of floor space.

(6)

General business, stores or shops for services and trade and mortuaries: One parking space for each five hundred (500) square feet of sales and service area.

(7)

Warehouses and other commercial and industrial uses: One parking space for each five (5) working people, based on a peak employment; and adequate space for loading and unloading vehicles.

(8)

C and L districts: In the C and L districts, parking space may be provided on a separate lot if within three hundred (300) feet of a building, and two (2) or more owners may join together in the provisions of this parking space.

(b)

Wherever a parking space for a nondwelling use abuts on a residential district, it shall be screened from the abutting residential district by walls or by fences or by other screening not less than six (6) feet in height, in a manner acceptable to the building official.

(Ord. of 6-3-75, § 3.4)

Note— Ord. No. 12-1984-1, adopted Dec. 10, 1984, included herein as § 20-58, adopted specific off-street parking requirements for certain commercial uses.

All rezoning request applications shall be subject to a fee of thirty dollars ($30.00).

(Mo. of 11-10-80)

All persons are required to pay fees for the issuance of permits provided for in this chapter according to the following schedule:

(Ord. of 6-3-75, § 3.5; Ord. No. 5-1990-1, § I, 5-14-90)

(a)

A certificate of occupancy or permit shall be applied for on forms to be prescribed and furnished by the building official prior to beginning the construction of a building and shall be issued after inspection to ascertain that the lawful erection or alteration of the building is completed. A record of all such certificates shall be kept on file in the office of the town clerk.

(b)

A certificate of occupancy shall be applied for prior to the location of a trailer and prior to beginning the construction on any improvements required for the location of a trailer, and issued as set forth above. (See sections 20-59 and 20-61). The cost of the trailer, or estimate thereof if the cost is not known, shall be included in the cost of construction and computation of the permit fee. A plat as described in section 20-10(b) shall be required to show the location of trailers and improvements required therefor.

(Ord. of 6-3-75, § 3.502)

Storage of abandoned automotive vehicles or automotive vehicles in disrepair and/or inoperative condition is prohibited in all zoning districts, except the L light industrial district.

(Ord. of 6-3-75, § 3.6)

Cross reference— Exterior storage of nonoperating vehicles, § 9-23.

(a)

The building official shall enforce this chapter; appeals from his decision may be taken to the board of adjustment.

(b)

No building may be undertaken in the town without applying for a certificate of occupancy as required by paragraph (c) of this section. Each application for a certificate of occupancy shall be accompanied by a drawing showing the name of the person making the application, the actual dimensions of the lot to be built upon, the size, shape, and location of the building to be erected, and such other information as may be necessary to provide for the enforcement of this chapter. A record of applications and plats shall be kept in the office of the building official.

(c)

No change in the use or occupancy of land, nor any change of use or occupancy in an existing building other than for single-family dwelling purposes, shall be made, nor shall any new building be occupied until a certificate of occupancy has been issued by the building official. Every certificate of occupancy shall state that the new occupancy complies with all provisions of this chapter. No excavation for and no erection or alteration of any building shall be commenced before the application has been made and accepted for a certificate of occupancy and compliance, and no building or premises shall be occupied until such certificate is issued. A record of all certificates of occupancy shall be kept on file in the office of the building official and copies shall be furnished on request to any interested person. If the cost of construction (or cost of a trailer) is from one hundred dollars ($100.00) to five thousand dollars ($5,000.00), the permit fee is five dollars ($5.00). If the same is above five thousand dollars ($5,000.00), the permit fee is one dollar ($1.00) per one thousand dollars ($1,000.00), computed to the nearest one thousand dollars ($1,000.00).

(d)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that if this chapter imposes a greater restriction, this chapter shall control.

(Ord. of 6-3-75, §§ 6.1—6.4; Mo. of 7-6-76)

(a)

The council may amend this chapter upon its own motion or upon petition.

(b)

No such amendment shall be effective unless:

(1)

The council has received a final report from the planning and zoning commission on the merits of the amendment; and

(2)

The council has held a public hearing upon the proposed amendment at which parties in interest and citizens shall have an opportunity to be heard, at least fifteen (15) days' notice of which hearing has been published in the official journal of the town.

(c)

Any citizen may petition for any change or amendment in this chapter affecting any property in which he has a proprietary interest; provided that it has been one year or longer since the first denial of the same or substantially the same petition, and two (2) years or longer since the second and subsequent denials of the same or substantially the same petition, subject to advertising the same as any other application.

(d)

Before the planning and zoning commission shall consider any proposed amendment to this chapter, such proposed amendment shall be advertised in accordance with law in the official journal of the town three (3) times and not less than ten (10) days shall elapse between the first publication and date of hearing.

(e)

Upon receipt of a petition for a change or amendment, the council shall refer the matter to the commission, which shall have thirty (30) days to render a preliminary report upon the merits of the amendment. If the commission reports and the council concurs that the proposal is without merit, no further action need be taken. If either the commission or the council deems the proposal to be of some merit, the proposal shall be placed on the agenda for the hearing. After conclusion of said hearing, the commission shall be given thirty

(30) days to render a final report on the merits of the proposal.

(Ord. of 6-3-75, § 8.5)

(a)

Any person who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder, shall be guilty of a misdemeanor and shall be fined not less than ten dollars ($10.00) and not more than twenty-five dollars ($25.00) or be imprisoned for not more than thirty (30) days for each day that the violation continues, and each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises or part thereof where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, individual person, or corporation employed in connection therewith and who may have assisted in the commission of any such violation, shall be deemed guilty of a separate offense and upon conviction shall be fined as herein provided.

(b)

In case any building or structure is erected, constructed, reconstructed, structurally altered, converted, or maintained, or any building, structure, or land is used in violation of this chapter, the building official, in addition to other remedies, may institute any appropriate action or proceedings in the name of the town to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises.

(Ord. of 6-3-75, § 9.1)