(a)

As established in RSMo ch. 89 , the purpose of this chapter is to regulate and control the zoning of land and consequent use of the land within the city in order to promote public safety, health and general welfare of the citizens. These regulations are intended to be in general accordance with the comprehensive plan specifically designed to:

(1)

Protect the character and stability of residential, recreation, commercial, industrial and open space areas within the city and promote their orderly and beneficial development;

(2)

Provide privacy and convenience of access to property;

(3)

Regulate the intensity of land use and establish open areas surrounding buildings and structures necessary to provide adequate light and ventilation and to protect public safety and health;

(4)

Regulate and limit the height of buildings and structures;

(5)

Lessen and avoid congestion on public streets by providing off-street parking and loading and regulate access to public right-of-way;

(6)

Regulate and limit the density of population based on the city's ability to provide for water, sewerage, police, parks and other essential public services;

(7)

Divide the city into zoning districts and establish, by reference to a map, the boundaries of the districts;

(8)

Fix reasonable standards to which land, buildings, structures and their uses must conform;

(9)

Prohibit uses, buildings or structures that are incompatible with the character of development, uses, buildings or structures permitted within specified zoning districts;

(10)

Prevent illegal additions to or alterations of existing buildings or structures;

(11)

Protect against fire, explosion, noxious fumes and odor, heat, dust, smoke, glare, noise, vibration, radioactivity and other nuisances and hazards in the interest of public health, safety and general welfare;

(12)

Prevent overcrowding of land and undue concentration of buildings and structures so far as is possible and appropriate in each zoning district by regulating the use and bulk of buildings in relation to the land surrounding them;

(13)

Preserve and enhance the taxable value of land, buildings and structures throughout the city;

(14)

Provide for the completion, restoration, reconstruction and conditions of extension of non-conforming uses;

(15)

Designate and define the powers and duties of the officials administering and enforcing this chapter; and

(16)

Provide penalties for the violation of provisions of this chapter.

(Code 2006, § 405.015; Code 2008, § 405.015; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001)

(a)

If any court of competent jurisdiction shall declare any part of this chapter to be invalid, such ruling shall not affect any other provisions of this chapter not specifically included in the ruling.

(b)

If any court of competent jurisdiction shall declare invalid the application of any provision of this chapter to a particular land, parcel, lot, district, use, building or structure, such ruling shall not affect the application of the provision to any other land, parcel, lot, district, use, building or structure not specifically included in the ruling.

(Code 2006, § 405.020; Code 2008, § 405.020; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001)

The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

(1)

No building shall be erected, converted, placed, enlarged, reconstructed, or structurally altered, nor shall any building or land be used except for a purpose and in the manner permitted in the district in which the building or land is located.

(2)

No land required for yards, open spaces, or off-street parking or loading spaces about an existing building or any building hereafter erected or structurally altered shall be considered as required yard of lot area for more than one building, unless as otherwise provided for in this chapter.

(3)

Every building hereafter erected or structurally altered shall be located on a lot and in no case shall there be more than one main building on one lot except as otherwise provided in this chapter.

(4)

The provisions of these regulations shall be considered the minimum requirements for the promotion of the public health, safety, morals, comfort and welfare. Where provisions of the regulations of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of the regulations of this chapter shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, other ordinance or regulation shall be controlling.

(5)

This chapter is not intended to abrogate or annul any easement, covenant or other private agreement, provided that where any provision of this chapter is more restrictive or imposes a higher standard or requirement than such easement, covenant or other private agreement, the provisions of this chapter shall govern.

(6)

There may be more than one multi-family hotel, motel or institutional building located upon a lot or tract, provided that the required yards are maintained around the group of buildings, and those buildings comply with all other standards for all districts in which they are located.

(Code 2006, § 405.025; Code 2008, § 405.025; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001)

For the purpose of this chapter, certain rules of construction apply to the text, as follows:

(1)

Words used in the present tense include the future tense; and the singular includes the plural, unless the context clearly indicates the contrary.

(2)

The terms "shall" and "must" are always mandatory and not discretionary; the term "may" or "should" are permissive.

(3)

For the purpose of this chapter, certain words and phrases are herein defined. Words and phrases defined herein shall be given the defined meaning. Words and phrases that are not defined shall be given their usual meaning except where the context clearly indicates a different or specified meaning.

(4)

The term "person" includes a firm, organization, association, partnership, trust, company or corporation, as well as an individual.

(5)

The term "use" or "occupy" includes the words "intended," "designed" or "arranged" to be "used" or "occupied."

(6)

The term "building" includes the term "structure" or "any portion of a building or structure."

(7)

The term "year" means the calendar year.

(8)

Whenever any reference is made in this chapter to any other section or provision of this chapter or other ordinances, such reference shall be deemed to include the provisions or regulation to which the reference is made.

(Code 2006, § 405.030; Code 2008, § 405.030; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001)

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:

A-frame home means a dwelling characterized by a steeply angled roof line that begins on either side of the dwelling near the bottom of the foundation wall and meets at the top, forming the shape of the letter A.

Access point means that portion of the driveway surface which extends from the edge of the street pavement to the right-of-way property line.

Accessory building or structure means a subordinate building or structure having a use customarily incidental to and located on the lot occupied by the main building. 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.

Accessory use means a use incidental and subordinate to the principal use of the premises.

Acoustic music means music that solely or primarily uses instruments that produce sound through acoustic means such as acoustic guitar, piano, violin or other similar instrument, as opposed to using instruments that use electric or electronic means to create music, such as electric guitar, synthesizer, electric piano, electric violin, or other similar instruments. Acoustical musical performances shall be limited to a maximum of two individuals and the use of no more than one amplifier for the performance, subject to the requirements of any applicable conditional use permit, and subject to compliance with noise decibel requirements in section 405.520(b), "Noise," or any adopted environmental performance standards for the subject property. Use of a full drum set or any amplified drum instrument as part of an acoustical music performance is expressly prohibited.

Adult bookstore means an establishment having as its stock in trade, for sale, rent, lease, inspection or viewing books, films, videocassettes, magazines or other periodicals that are distinguished or characterized by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined in this section, including adult-oriented films, movies or live performances, for observation.

Adult cabaret means a nightclub, bar, restaurant or similar establishment in which persons regularly appear in a state of nudity, as defined in RSMo 67.2540 (3) or semi-nudity, as defined in RSMo 67.2540 (6), in the performance of their duties.

Adult day health care means a program of organized therapeutic, rehabilitative and social activities provided outside the home, for a period of less than 24 hours, to persons with function impairments of at least a nursing facility level of care. Related to this definition is an "associated adult day health care program" that is an adult day health care program that is connected physically with and an accessory use to a licensed long-term care facility or hospital but has separate designated space for an adult day health care program that is above their licensed space requirement for their residents. An associated adult day health care program may share, in part, staff, equipment, utilities, dietary and security with the connected long-term care facility. Participants in the adult day health care program may participate with the residents of the long-term care facility or hospital for some activities and programs.

Adult entertainment means any exhibition of any motion pictures, live performance, display or dance of any type which has as its dominant theme, or is distinguished or characterized by an emphasis on, any actual or simulated "specified sexual activities" or "specified anatomical area," as defined in this section, or the removal of articles of clothing or appearing partially or totally nude.

Agricultural means the use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities and shall not in any way constitute an independent commercial or industrial use. The operation of commercial feed lots or pens, sales yards, auction yards for cattle or hogs, and meat packing or food canning plants shall be deemed an industrial and not an agricultural use.

Airport means an area of land that is used or intended to be used for the landing and takeoff of aircraft, and includes its supporting and operational buildings and facilities.

Alley means a minor public or private right-of-way shown on a plat, providing vehicular access to the block or parcel of land otherwise abutting a street.

Alteration means any change in the supporting members of a building or structure, including bearing walls, partitions, columns, beams, girders or similar parts of the building or structure, or any substantial change in the roof of a building.

Alternative energy system means a ground source heat pump, wind or solar energy system.

Antenna means any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves, located upon an undeveloped site, attached or unattached to the exterior of a building.

Antenna, satellite dish, means a round, parabolic antenna intended to receive or transmit signals from satellites or other sources.

Apartment or apartment dwelling means a suite of rooms comprising a portion of a building as an independent dwelling for one family in a building containing three or more dwelling units.

Area, project.

Gross project area means total project area.

Net project area means total project area less land allocated for public street right-of-way, private streets, and any land allocated to specified non-residential uses and associated parking when determining the net residential project area to be used as a basis for calculating the number of permitted dwelling units for a planned unit development.

Architectural metal panels means any exterior interlocking metal siding or cladding product, including, but not limited to, insulated/coated metal panels, composite wall panels, decorative metal cladding, etc. Architectural metal panels do not include corrugated metal siding or any materials which utilize exposed fasteners visible from the exterior of the building.

As-built plans means construction plans revised to show a facility or structure as actually constructed and as it appears on the tract of land involved.

Automated teller machine (ATM) means an electronic machine that provides banking or related services when activated by insertion of a plastic card.

Automobile (motor vehicle) means a passenger car, van, pickup truck, bus, or recreational vehicle, usually four-wheeled, propelled by an engine, meant for traveling on streets or roads, but excluding tractor-trailers and other large commercial trucks.

Automobile repair facility means any structure or premises conducting major automobile repair work within enclosed service bays or stalls, including the installation or removal of engines, radiators, transmissions, differentials, fenders, doors, bumpers or other major body or mechanical parts, or spray painting, but not including tire recapping or vulcanizing, and not including the outdoor storage of wrecked or otherwise damaged and immobilized vehicles.

Automobile service establishment means any structure or premises used for the servicing and minor repair of automobiles within enclosed service bays or stalls, including diagnostic services, lubrication of vehicles, washing/waxing of vehicles and minor engine repair such as tune-ups, and the sale and installation of minor parts and accessories such as tires, batteries, shock absorbers, brakes, mufflers and tailpipes. This use shall not include any establishment engaged in major repair work such as the installation or removal of engines, radiators, transmissions, differentials, fenders, doors, bumpers or other major body or mechanical parts, spray painting, tire recapping or vulcanizing, or the storage of wrecked or damaged and immobilized vehicles.

Automobile service station means any structure or premises used for dispensing or sale, at retail, of automobile fuels or lubricants, including lubrication of automobiles and replacement or installation of minor parts and accessories, but not primarily engaged in major repair work such as engine replacement, body and fender repair or spray painting.

Banquet center means a facility or hall available for lease by private parties to accommodate functions including, but not limited to, banquets, weddings, anniversaries, and similar celebrations or events, including accessory facilities thereto.

Basement means a portion of the building partly underground but having less than half its clear height below the average grade of the adjoining ground. See Cellar.

Bed and breakfast residence means a single-family residence where the host must live in the residence; where there are between one and three guest rooms for overnight stay; where there is one off-street parking space for each guest room and two off-street parking spaces for the residence; also where breakfast is served.

Block means a land area which consists of contiguous lots or property fronting on a street and is between two intersecting streets.

Board of adjustment means a body of persons, which may determine and vary the regulations within this chapter.

Boardinghouse (also lodginghouse or roominghouse) means a building, other than a hotel, where, for compensation and by prearrangement for definite periods, lodging or meals or lodging and meals are provided for three or more persons but not exceeding 20 persons.

Building means any structure used or intended for supporting or sheltering any use or occupancy.

Building height means the vertical distance measured from the adjoining curb grade to the highest point of the roof surface, if a flat roof; to the deck line of a mansard roof; and the mean height between eaves and ridge for a gable, hip or gambrel roof. Where a building is set back from the street line, the height of the building shall be measured from the average elevation of the finished grade along the front of the building.

Building line or setback line means a line parallel to a street right-of-way line, or other property line established on a parcel of land or lot for prohibiting construction of a building or structure in the area between such building line and right-of-way, or other property line.

Bulk requirements means the size and setback of a building or structure and the location of same with respect to another building or structure or to a lot line and includes the following: size and height of a building or structure; location of exterior walls of a building in relation to lot lines, streets or other buildings; the floor area of a building in relation to the area of the lot on which it is located; the open space allocated to and surrounding a building; and the amount of lot area per dwelling unit.

Canopy means a roof-like structure serving the purpose of protecting pedestrians from rain and sun, which structure projects from a building, and the width of which ("width" being taken as the dimensions parallel to the face of the building) is not greater than one-fourth the width of the face of the building or 20 feet, whichever is lesser. Such structure must be open on three sides and, if ground-supported, supports must be confined in number and cross-section area to the minimum necessary for actual support of the canopy.

Cellar means the portion of the building partly underground having one-half or more than one-half of its clear height below the average grade of the adjoining ground.

Cemetery means a place for the burial of the dead.

Centralized box unit (CBU) means centralized mail delivery equipment approved by the United States Postal Service compliant with the postal operations manual establishing the mode of delivery for new residential development in the project planning stages compliant with the growth and delivery point management program.

Certified mail means mail carried by the United States Postal Service (USPS) or any parcel or letter carried by an overnight, express, or ground delivery service that allows a sender or recipient to electronically track its location and provides record of the signature of the recipient.

Clinic, dental or medical, means a building in which one or more physicians, dentists, and health care practitioners and professional assistants are engaged in carrying on their profession. The clinic may include a dental or medical laboratory, but it shall not include in-patient care or operating rooms for major surgery, and shall not include patients lodged overnight in the building.

Club (private) means buildings and facilities owned or operated by a corporation, association or person for members to engage in social, educational or recreational activities, and not accessible to persons other than members or their guests.

Commercial truck means a licensed motor vehicle, truck, tractor-trailer or bus designed to carry passengers, freight, and/or merchandise for the purpose of this chapter that is licensed by a state as a commercial vehicle or in any case exceeds twenty-four (24) feet in length;

Commercial truck repair facility means any structure or premises conducting major commercial truck repair work within enclosed service bays or stalls, including the installation or removal of engines, radiators, transmissions, differentials, fenders, doors, bumpers or other major body or mechanical parts, or spray painting, but not including tire recapping or vulcanizing, and not including the outdoor storage of wrecked or otherwise damaged and immobilized vehicles.

Commercial truck service establishment means any structure or premises used for the servicing and minor repair of commercial trucks within enclosed service bays or stalls, including diagnostic services, lubrication of such vehicles, washing/waxing of such vehicles and minor engine repair such as tune-ups, and the sale and installation of minor parts and accessories such as tires, batteries, shock absorbers, brakes, mufflers and tailpipes. This use shall not include any establishment engaged in major repair work such as the installation or removal of engines, radiators, transmissions, differentials, fenders, doors, bumpers or other major body or mechanical parts, spray painting, tire recapping or vulcanizing, and shall not include the storage of wrecked or damaged and immobilized vehicles.

Commercial truck service station means any structure or premises used for dispensing or sale, at retail, of diesel or other fuels or lubricants for general use in commercial trucks, including lubrication of commercial trucks and replacement or installation of minor parts and accessories, but not primarily engaged in major repair work such as engine replacement, body and fender repair or spray painting.

Community development director means the officially designated representative of the city charged with the responsibility for enforcement of this chapter or other designated officials working under supervision of the community development director, including the city engineer and the building official.

Comprehensive plan means a comprehensive land use plan made and adopted by the city planning and zoning commission for the city which through any combination of text, charts, and maps illustrates general locations for various land uses, streets, parks, schools, public buildings, utilities and sets forth general proposals for the physical development of the city.

Conditional use means a use that would not be appropriate without restriction throughout a zoning district but if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, propriety, or general welfare. Such uses may be permitted in such zoning districts as conditional uses. Allowable conditional uses are illustrated for each zoning district in this chapter.

Condominium means a form of real property ownership in which the purchaser of each unit of an apartment building or a complex of multi-unit dwellings acquires full title to the interior space of the unit and an undivided interest in the common elements (the land, roof, elevator, etc.) of such a building or complex.

Container home means a dwelling that is constructed of one or more shipping containers or standardized containers that were originally designed to accommodate the transportation of goods.

Conventional-built building or structure means a building or structure assembled and erected at the building site using traditional or customary methods of carpentry or masonry construction; having need of a perimeter permanent foundation. The building or structure shall include the use of individual structural units (such as a beam, girder, plank, strut, column or truss). The term "conventional-built building or structure" includes buildings designed for use as a dwelling, business, educational or industrial company.

Crematorium means an accessory facility to a mortuary or funeral home for the incineration of corpses, human or animal, to ashes. The term "crematorium" does not include any establishment where incinerators are used to dispose of toxic, hazardous, infectious, or narcotic materials.

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

Day care facility means a place which provides shelter and personal care on a regular basis for five or more individuals who are not related to the operator. The term "day care facility" includes child care facility, kindergarten, nurseries, adult day health care facility, or any other facility that falls within the scope of the definition.

Decibel (dB) means a unit of measuring the intensity of sound, equal to 20 times the logarithm of the base ten of the ratio of the pressure of the sound measured to the referenced pressure, that is 20 micropascals (20 micronewtons per square meter).

Deck, attached, means an outdoor space built as an above ground platform or porch being attached or immediately adjacent to, accessible and accessory to the principal structure or other building, which shall not be enclosed with walls or screen but may be roofed.

Dedication means intentional transfer by a property owner or developer to the public of ownership of or an interest in land for a public purpose. Dedication may be effected by formal deed of conveyance, or by any other method recognized by state law.

Density means the number of dwelling units erected or permitted on an acre of land.

Developer means any person, persons, corporation, or government agency undertaking any development as defined in this section. The term "developer" includes such commonly used references as subdivider, owner and proprietor.

Development means any subdivision of land as herein defined or any material change in the use or appearance of any parcel of land subject to provisions of this chapter, or law of building structures or installing site improvements.

Development, cluster, means a design technique that concentrates buildings in specific areas on a site to allow remaining land to be used for recreation, common open space or the preservation of historically or environmentally sensitive areas.

District means a section or sections of the city for which the zoning regulations govern the use of land and buildings, the height and mass of buildings, the size of yards and the intensity of use.

Domestic animals means animals kept exclusively for the personal enjoyment of the occupants of a principal building and including those animals normally kept as pets such as dogs, cats and birds.

Dormitory means a building with many rooms providing sleeping and living accommodations for a number of usually unrelated persons; usually associated with an educational or religious institution.

Drive-in establishment means any business of a retail or service character primarily serving patrons who remain in their motor vehicles in a driveway or parking lot.

Dwelling area means the area of a dwelling unit as composed of those rooms designed for and exclusively used for residential purposes, including bedrooms, kitchen, dining room, den/library, bathrooms, family and living rooms and hallways connecting these rooms.

Dwelling, multiple-family, means a building or portion thereof arranged, intended or designed for occupancy by three or more families on a rental or ownership basis and commonly referred to as a triplex, four-plex, or apartment building.

Dwelling, non-traditionally designed, means a dwelling that consists of unique architectural design, materials, or features, including earthen homes, A-frame homes, geodesic-dome homes, container homes, or other unique architectural dwellings. In general, non-traditionally designed dwellings may not utilize brick, siding, stucco, stone, or other common materials on their exterior; or they do not contain commonly utilized roof-lines such as a flat, gable, hip, or mansard or they contain a roof that dominates the exterior of the home; or they are built below grade or with the earth covering one or more walls.

Dwelling, single-family, means a detached building arranged, intended or designed for occupancy by one family. For purposes of these zoning regulations, the term "single-family dwelling" or "single-family residence" includes:

(1)

A group home; and

(2)

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.

Dwelling, single-family attached, means two or more single-family dwellings sharing common wall areas, each on its own individual lot.

Dwelling, two-family, means a building designed for or occupied exclusively by two families living independently of each other, and being located on a single lot.

Dwelling unit means one or more rooms designed, occupied, or intended for occupancy as separate living quarters with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single-family maintaining a household.

Earth tone means a color scheme that draws from a color palette of whites, browns, tans, grays, greens and some reds. The colors in an earth tone scheme are muted and flat in an emulation of the natural colors found in dirt and rocks. For the purpose of these performance standards, the term "earth tone" also includes muted blues and yellows. The earth tone color scheme does not include fluorescent colors.

Earthen home, also known as an earth-sheltered home or earthen berm, means a dwelling that is built entirely below grade or completely underground, or that uses the earth or natural terrain to help form or to cover one or more of the walls of the dwelling.

Easement means a right or privilege to use a portion of another person's property for a particular purpose.

Engineer means a professional engineer registered in this state.

Established residential development means a subdivision containing existing or proposed dwellings that are conventional-built buildings or structures, or a street, development, or area containing existing or proposed dwellings that are or will be conventional-built buildings or structures on at least two lots that are adjacent to (including across a street or right-of-way or touching by only one corner) a proposed non-traditionally designed dwelling, within an "R-1A," "R-1B," "R-1C," "R-1D" or "R-1E" Single-Family Residential District, or within an R-2 Two-Family Residential District, or within an R-3B Multi-Family Residential District. A "proposed dwelling" includes those for which construction plans or a building permit application has been received by the city. The term "established residential development" shall not apply when the lot on which the non-traditionally designed dwelling is to be built is three acres or more.

Establishment means a primary business building for use by employees and customers of one or more businesses, which building is connected to public sanitary sewer and water utilities and is intended for occupancy.

Extended stay hotel means a building containing six or more guest rooms intended or designed to be used, rented, or leased to be occupied for sleeping and lodging purposes and containing kitchen facilities.

Family means an individual, or married couple, and the children thereof (including foster care), and no more than two other persons directly related to the individual, or married couple, by blood or marriage. The term "family" may also include not more than three unrelated persons, living together by joint agreement, as a single, not-for-profit, housekeeping unit, utilizing only one kitchen.

Farm means a parcel of land with or without related accessory structures used for growing or raising agricultural products. Also see Agricultural.

Fence means an artificially constructed barrier erected to enclose, divide or screen areas of land. Ornamental dividers of plastic, chains, posts or like materials erected along driveways or sidewalks shall not be considered a fence.

Fence, double, means fences running parallel with each other, that are located with a separation distance less than five feet. Fences running parallel with each other greater than five feet in separation distance properly gated or accessible for maintenance purposes shall not be considered a double fence.

Floor area means the square feet of floor space as measured from the interior perimeter of the exterior wall and including the total of all floor space on all stories of a building, including a finished basement. The term "floor area" does not include porches, garages, cellars, utility areas, unfinished attics, elevators, stairwells, accessory buildings, space in a basement when such space is used for storage or incidental uses or areas in commercial or industrial buildings principally used for non-public purposes such as storage, processing and packaging of merchandise, show windows, restrooms, dressing, fitting or alteration rooms, and kitchen areas.

Fluorescent colors means glowing or vivid colors.

Foot-candle means one lumen per square foot unit of luminance. One foot-candle equals approximately 0.1 (0.093) lux.

Frontage means the length of the property line abutting a street measured along the dividing line between the property and the street right-of-way.

Garage, private, means an accessory building or portion of a main building used for parking or storage of automobiles.

Garage, public, means a building or portion thereof used for public parking, providing storage for motor vehicles but no other services.

Garage, repair, means a building or portion thereof designed or used for the storage, sale, hiring, care or repair of motor vehicles and that is operated for commercial purposes.

Geodesic-dome home means a dwelling characterized by a sphere-like dome or structure that is composed of a complex network of triangles or straight-line elements.

Golf course means an area or course for playing golf, consisting of at least nine holes, except miniature golf.

Golf, miniature, means a commercial recreation facility, resembling golf, containing short holes, the majority of which are under 300 feet in length and primarily utilizing putting irons.

Ground source heat pump system means a system that uses the relatively constant temperature of the earth to provide heating in the winter and cooling in the summer. System components include open or closed loops of pipe, coils or plates; a fluid that absorbs and transfers heat; a heat pump unit that processes heat for use or disperses heat for cooling; and an air distribution system.

Ground source heat pump system, closed loop, means a system that circulates a heat transfer fluid, typically food-grade antifreeze, through pipes or coils bruited beneath the land surface.

Ground source heat pump system, horizontal, means a closed loop ground source heat pump system where the loops or coils are installed horizontally in a trench or series of trenches no more than 20 feet below the land surface.

Ground source heat pump system, open loop, means a system that uses groundwater as a heat transfer fluid by drawing groundwater from a well to a heat pump and then discharging the water over land, directly in a water body or into an injection well.

Ground source heat pump system, vertical, means a closed loop ground system heat pump system where the loops or coils are installed vertically in one or more borings below the land surface.

Group home means a form of residential occupancy, other than a family, in which eight or fewer unrelated mentally or physically handicapped persons reside, and may include two additional persons acting as house parents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.

Gymnasium means a building or portion thereof used for athletic training or sports activities, including accessory seating for spectators.

Heliport means a facility for the servicing, takeoff, and landing of helicopters.

High pressure pipeline means a pipeline and easement for the transmission of any substance, including, but not limited to, crude oil, highly volatile liquids (including anhydrous ammonia), petroleum products, carbon dioxide, jet fuel, natural gas or any other derivative product thereof, which is under pressure of more than 350 pounds per square inch and regulated by the federal department of transportation.

Home occupation means an occupation or profession carried on by one or more members of the household residing on the premises, that is clearly incidental and secondary to the use of the dwelling unit for residential purposes, and which conforms to the standards and provisions contained within section 405.460.

Hospital means an institution providing in- and out-patient medical and surgical care for human ailments, including medical service, training and research facilities.

Hotel or motor hotel (motel) means 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, including related customary services and in which there are no provisions for cooking in individual rooms.

Impulsive sound means any sound having a duration of less than one second.

Institution means a building occupied by a non-profit or quasi-public use, such as a church, library, public or private school, hospital, or municipally owned or operated building, structure or land used for public purpose.

Junk yard means a parcel of land upon which the principal or accessory use is the accumulation of used, discarded, or worn out materials, vehicles or manufactured products, any of which may or may not be reusable or salable.

Kennel means an establishment where dogs, cats or other small animals are boarded for compensation, bred or raised on a commercial scale, or the keeping of four or more dogs over six months of age. The latter provision shall not apply to veterinary offices or licensed kennels located on commercially zoned properties.

Landing strip means a facility for takeoff and landing of aircraft with or without services available for aircraft, that is operated for private use.

Laundromat means a business that provides self-service coin-operated washing, drying or ironing machines and professional type cleaning or pressing equipment for hire to be used by customers on the premises.

Liquor by the drink means establishments whose use includes sales of liquor by the drink at retail to be consumed on the premises. For purposes of this definition, the term "liquor" includes all intoxicating liquor as defined in RSMo 311.020 , including beer and any other type of alcoholic beverage which contains more than one-half percent alcohol by volume.

Loading space means a space within the main building or on the same lot providing for the standing, loading or unloading of trucks, which space shall have a minimum dimension of ten by 40 feet and a vertical clearance of at least 14 feet.

Lot means a platted parcel of land intended to be separately owned, developed and otherwise used as a unit.

Lot, corner, means a platted parcel of land with frontage abutting two or more road rights-of-way at their intersection.

Lot coverage means and includes the total area of all principal and accessory buildings as measured along the outside wall at ground level or as viewed from above and including all projections other than open porches, fire escapes, canopies or the first three feet of a roof overhang. Roads, driveways, parking lots and swimming pools shall not be included in the maximum lot coverage requirement. The percent of lot coverage shall be computed as follows: percent of lot coverage equals square feet of ground coverage of all principal and accessory buildings divided by total square feet of lot area.

Lot line, front, means the boundary between a lot and the street on which it fronts.

Lot line, rear, means the boundary line or lines opposite and most distant from the front lot line; except that in the case of uncertainty the community development director shall determine the rear line.

Lot line, side, means any lot boundary line not a front or rear line.

Lot (parcel) of record means a lot that is part of a subdivision, the plat of which has been legally approved and recorded in the office of the recorder of deeds of the county, or a parcel of land which was legally approved in a deed described by meets and bounds or in a deed recorded in the office of the recorder of deeds.

Lot, through, means a lot having a frontage on two parallel streets or which fronts upon two streets which do not intersect at the boundaries of the lot.

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

Lumen means unit of luminance flux used to measure the amount of light emitted by lamps.

Lux means one lumen per square meter unit of luminance. One lux equals approximately ten (10.8) foot-candles.

Mall, shopping, means an enclosed public way upon which business establishments have direct access and which serves primarily for the movement of pedestrians with plant material, benches, or other furnishings provided and with vehicular access prohibited, restricted or reduced so as to emphasize pedestrian use.

Manufactured home means a factory-built structure or structures sealed by the U.S. Department of Housing and Urban Development which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, contains 320 or more square feet equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation. The term "without a permanent foundation" indicates that the support system is constructed with the intent that the manufactured home placed thereon may be moved from time to time at the convenience of the owner.

Material storage, outdoor. See Outdoor storage or display.

Medical marijuana cultivation facility: A facility licensed by the State of Missouri to acquire, cultivate, process, store, transport, and sell marijuana to a medical dispensary facility, medical marijuana testing facility, or to a medical marijuana-infused products manufacturing facility.

Medical marijuana dispensary facility: A facility licensed by State of Missouri to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana-infused products manufacturing facility.

Medical marijuana-infused products manufacturing facility: A facility licensed by the State of Missouri to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana testing facility, or another medical marijuana-infused products manufacturing facility.

Medical marijuana testing facility: A facility certified by the State of Missouri to acquire, test, certify, and transport marijuana.

Mobile food vendor means an automobile or trailer designed and used for cooking, preparation, assembling, or serving of a full or limited menu of single-service food items from the automobile or trailer for use by consumers.

Mobile home or mobile home structure means a movable or portable vehicular structure designed and constructed for permanent occupancy, having integral plumbing, electrical and mechanical systems, and so designed and constructed as to permit its transport on wheels, temporarily or permanently attached to its own chassis, from the place of its construction to the location of subsequent locations at which it is intended to be occupied, connected to utilities for year-round occupancy, and having no need for a permanent foundation (does not include recreational vehicles or travel trailers). The term "mobile home" applies to units constructed prior to June 15, 1976.

Mobile home development means any tract of land zoned "MHD" Mobile Home Development District, where upon manufactured, modular or mobile homes may be divided into lots through a recorded subdivision plat for sale, designed and developed as a residential neighborhood.

Mobile home dwelling means a HUD-approved mobile home structure that is of particular design to permit the exclusive use and occupancy thereof as living quarters for one family.

Modular housing means a dwelling unit constructed on-site in accordance with state statute or this Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.

Modular structure means a factory fabricated building unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational or industrial purposes. Such a modular unit is delivered with a seal issued by the state public service commission, certifying the unit as a modular structure, and also with a purchaser's certificate of compliance, certifying that the unit has been constructed to applicable standards by the state public service commission for modular units.

Mortuary or funeral home means an establishment used for preparing the dead for burial or interment and conducting funerals (i.e., providing primary and accessory facilities for wakes, receptions, arranging transportation for the dead, selling caskets and related merchandise).

Mural or mural sign means a painting or graphic art or combination thereof that is professionally applied to a substrate that is attached to an exterior building wall that may or may not contain a commercial logo or trademark but does not serve to advertise or promote any product, business, brand, organization, service, cause, ballot measure or political candidate, nor exhibit nor include any direct or indirect depiction of or reference to profanity, nudity or controversial message or content, or political message or endorsement.

Noise means the intensity, duration and character of sound from any and all sources.

Noise disturbance means any sound which either exceeds the maximum permissible sound levels or which endangers or injures the safety or health of humans or animals, annoys or disturbs a reasonable person of normal sensitivities or endangers or injures personal or real property.

Non-conforming use, building or yard means a use, building or yard existing legally at the time of the passage of this chapter or any amendment thereto which does not, by reason of design, use or dimensions, conform to the regulations of the district in which it is situated.

Nursery school means a pre-kindergarten school for children, primarily between the ages of two and five.

Nursing home/convalescent home means a building home for the aged intended for use as a medical care facility for persons who need nursing care and medical service, but do not require intensive hospital care, licensed by this state.

Open construction means any building component, assembly or system manufactured in such a manner that all portions can be readily inspected at the installation site without disassembly, damage to, or destruction thereof.

Open space means a portion of a development site that is open and unobstructed from its lowest level to the sky and that is permanently set aside for public use and will not be developed. Open space may be used as community open space or preserved as green space for passive or active recreation, or may be reserved to protect or buffer natural areas. For purposes of calculating required open space for a planned development, the term "open space" excludes streets, rights-of-way, sidewalks, or public utility corridor, pipeline or other utility easements that traverse the development area but do not directly serve the development.

Open storage. See Outdoor storage or display.

Ornamental fencing means any fence made with decorative material, including wrought-iron, stone, brick, aluminum, or vinyl. An ornamental fence shall not include fences constructed of chain link or wood materials.

Outdoor storage or display means storage of merchandise, material, products, inventory, equipment (including heavy equipment such as excavating, grading, or road building/maintenance equipment) or goods outside of a building in connection with, and accessory to, the use of the building. This use category shall not include automobile sales and lease establishments.

Park means an area open to the general public and reserved for recreational, educational or scenic purposes.

Parking lot means a paved facility providing vehicular parking spaces, along with adequate drives and aisles for maneuvering, so as to provide access for entrance and exit for the parking of more than two automobiles, but excluding display or storage of vehicles for sale or rent.

Parking space means a durably paved, properly graded for drainage, usable space, enclosed in a main building or in an accessory building, or unenclosed, reserved for the temporary storage of one vehicle and connected to a street, alley or other designated roadway by a surfaced aisle or driveway. Each such designated space shall comply with the dimensional requirements set forth in article V of this chapter.

Paved surface area means ground surface covered with cobblestones, clay-fired bricks, concrete precast paver units (including, but not limited to, Grasscrete), poured concrete with or without decorative surface materials, blacktop, or other asphaltic or rubber mixture which may include sand or gravel as an ingredient and which creates a hard surface. A graded natural surface or one covered with rolled stone or overlaid with loose gravel is not considered a paved surface.

Pavement, permeable, means a pavement system with traditional strength characteristics, but which allows rainfall to percolate through it rather than running off utilizing either porous asphalt, pervious concrete or plastic materials.

Permanent foundation means a below grade formation or a substructure formation below the tier of beams nearest to grade, consisting of materials such as concrete, mortared concrete block or mortared brick, used to transmit the loads of a structure to firm substrata, which formation shall include, but not necessarily be limited to, cellars, basements, crawl spaces, floating concrete mats with frost walls, piers, or pilings extending into the ground below frost line or to solid rock.

Permitted use means a land use that is permitted by right in a particular zoning district subject only to the requirements of these regulations.

Photovoltaic cell (PV) means a semi-conductor device which converts the energy of sunlight into electric energy.

Place of worship means a building for religious worship, and maintained and controlled by a religious body. The term "church" includes the term "places of worship" that shall include, but not be limited to, rectories, parish houses, convents and monasteries, temples and synagogues.

Planned development district means a comprehensively planned development which may contain residential, commercial, industrial, or other land uses on an area of land in single, partnership or corporate ownership and under unified control. A planned development district may contain a single type of land use or combination of land uses, provided that such development is reviewed, evaluated and approved by the city and satisfies the requirements contained within this chapter.

Planning and zoning commission means the officially appointed planning and zoning commission of the city.

Plat means a subdivision of land legally approved and recorded.

Prefabricated building or prefabricated building structure means a completely assembled and erected building designed and constructed for permanent occupancy, of which 50 percent or greater of the structural parts consist of individual prefabricated structural units (such as a beam, girder plant, strut, column or truss) and prefabricated building subassemblies (such as an assembled section of wall, ceiling, floor or roof, which may be of closed or open construction) that are transported from the place of manufacture to the building site to be incorporated into the building by field erection of such structural units and building subassemblies, having need of a perimeter formation permanent foundation. The term "prefabricated building" includes buildings designed and intended to be used for dwelling, business, educational or industrial use occupancy.

Prefabricated module means a built-up combination of prefabricated building subassemblies (consisting of at least the floor, walls and ceiling) constructed and arranged forming an attachable cell or set of rooms that is of closed construction designed and intended to be transported without need of its own chassis from the place of its manufacture to the building site where it is to be arranged and united with one or more other such cells or units of rooms forming a modular building.

Principal use means the principal use or structure designated for a lot which meets all the requirements of the district in which located. The main use of land or buildings as distinguished from an accessory or subordinate use.

Property line means the legally recorded boundary of a lot, tract, or other parcel of land.

Public use areas means public parks, playgrounds, recreational areas, designated scenic or historic sites, school sites or sites for other public buildings, and other areas dedicated to public use or employment.

Public utility facility means a public utility facility serving a local area, such as an electric substation, water or gas pumping or regulating station, sewer lift station or a telephone switching center.

Real property or real estate means land, permanent improvements and supporting infrastructure thereon, irremovable fixtures included.

Recreational vehicle is a term encompassing any type of vehicle used primarily for recreational pleasure. Examples include, but not limited to, travel trailers, motor homes, truck campers, boats, and ATVs or similar vehicles. Recreational vehicles shall include any mobile structure designed for temporary occupancy, but shall exclude manufactured homes.

Recycling means the separation and reuse of materials which might otherwise be disposed of as solid waste.

Recycling collection point means a drop-off area for recyclable material that is outside of an enclosed primary permanent building.

Residence means any conventionally built structure designed for use exclusively for dwelling purposes. The term "residence" may apply to modular buildings or prefabricated buildings, but shall exclude mobile homes.

Restaurant means an establishment where food and drink are prepared, served and consumed by persons seated within the building (this includes cafes, cafeterias, ice cream parlors and tea rooms).

Restaurant, fast-food, means an establishment whose principal business is the sale of pre-prepared or rapidly prepared foods, frozen desserts or beverages in ready-to-consume individual servings for consumption either within the restaurant building or for carry-out. The facility may have a drive-through facility.

Retreat means a building or group of buildings with designated open areas utilized and maintained for educational and religious conclaves, seminars, and similar activities by particular educational, religious, fraternal or other groups.

Reverse frontage. When a subdivision lot has two street frontages, one of that is a parkway, thoroughfare or collector and the other is a minor residential street, the lot will front on the minor residential street and a non-access reservation will be provided buffering the rear of the lot from the traffic artery.

Riding stable, commercial, means a building and designated site intended or used as a shelter for horses or ponies, which provides for commercial boarding, hire, sale or training of such animals.

Right-of-way means land reserved, or dedicated for a street, utilities, walk, drainage course or other public purpose, by duly recorded plat, deed, grant, governmental authority or by operation of the law.

Rotor diameter means the cross sectional dimension of the circle swept by the rotating blades.

Sales and installation services means an establishment that conducts retail sales of durable goods on-site and which contracts for the installation of those goods to be performed mainly off-site. Such uses may have as an associated use the custom fabrication and finishing of their products as well as the storage of goods and materials used in installation or maintenance of the product offered for sale. Such uses include, but are not limited to, air conditioning, heating, fireplace, grill installation contractors; alarm systems sales combined with installation, maintenance or monitoring services; computer software/hardware installation services; drainage system installation (e.g., cesspool, septic tank) construction contractors; glass and glazing contractor; glass installation (including automotive) construction contractors; landscape installation services; gutter installation services; sign contractors, installation (on buildings); refrigeration and freezer installation contractors; and window shade installation construction contractors.

Salvage yard means an area for the dismantling, storage and sale of inoperative, obsolete or wrecked motor vehicles, trailers, and their parts.

Sanitary landfill means a type of operation in which refuse and earth or other suitable cover material are deposited and covered on a daily basis in alternated layers of specified depth in accordance with a definite plan on a specified portion of open land, with each layer being compacted by force applied by mechanical equipment, and as approved by the city and the department of natural resources.

Screen planting means any combination of coniferous or evergreen shrubs, trees or hedges to provide dense foliage in all seasons that effectively blocks view.

Shopping center means a group of retail stores planned and developed for the site upon which they are built and owned and managed as a unit with off-street parking provided on the property.

Sight distance triangle means the triangle area of a corner lot bounded by the right-of-way lines and a line connecting the two points on the property lines 30 feet from the intersection of the property lines.

Site plan means a development plan, drawn to scale, showing land uses, parking and structures proposed for a parcel of land as required and provided in article VII of this chapter.

Small wind energy system means a wind energy conversion system (WECS) that is used to generate electricity and has a nameplate capacity of 100 kilowatts (kw).

Special event means the temporary, short-term use of land or structures held outside of a building anywhere in the city primarily for public entertainment, amusement or fundraising opportunities, such as picnics, festivals, concerts, barbecues or uses of similar nature.

Specialized private school means an institution for students at the elementary, junior or senior high level who have physical or mental characteristics which require specialized or individual instruction.

Specified anatomical areas means less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities means the following acts: intercourse, oral copulation, masturbation, or sodomy, or excretory functions as part of or in connection with any of the above-described activities.

Stable, private, means a detached building accessory to a residential use for the keeping of ponies, horses or mules owned by the occupants of the premises and that shall not be used for any commercial purpose including boarding, hire, sale or training of horses, ponies and mules.

Story means that part of a building included between the surface of one floor and the surface of the floor next above or, if there be no floor above, that part of the building that is between the surface of a floor and the ceiling next above. A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first story is a half story when between 50 percent and 75 percent of the area of its exterior walls are exposed to outside light and air entirely above grade and which exterior walls contain windows or doors permitting the entrance of daylight and outside air.

Street means a general term denoting a public or private roadway, which affords the principal means of access to abutting property. The term "street" includes all facilities which normally are found within the right-of-way; it shall also include such other designations as highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, court or other such terms but shall not include pedestrian way or alley.

Structural alterations means any change in the supporting members of a building or structure, such as bearing wails, columns, beams or girder, or the addition of new electrical circuits or plumbing fixtures to the building, or similar parts of the building or structure or any substantial change in the roof of a building.

Structure means any improvement that is built or constructed, or a portion thereof, on land composed of manmade materials.

Subdivision means the partitioning of a parcel or tract of land by an owner or developer into two or more lots of any size for sale, lease or development. Included in the term "subdivision" are all changes in street lines, dedication or platting of streets, changes in lot lines, and the resubdivision of heretofore divided or platted lots, sites or parcels.

Terminal means a depot, building or area specifically designated for the storage or transfer of persons or material, or temporary storage and service of operable vehicles used in the transport of persons, goods or materials.

Towed vehicle storage yard means an area for the unstacked temporary storage and sale of operative or inoperative, wrecked, or otherwise damaged or immobilized motor vehicles wherein each vehicle space is directly accessible to a designated aisle.

Towing and recovery facility means an establishment that tows light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services such as storage (including outdoor storage) and emergency road repair services. Uses in this category include emergency road services (i.e., tow service); motor vehicle towing services; tow truck services; towing services, motor vehicle; and wrecker services, motor vehicle.

Town house means a single-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.

Truckstop means a gasoline station or gasoline station with convenience store that dispenses diesel or any other fuel or petroleum product used by commercial trucks, and which includes one or more of the following additional facilities: (1) a parking area designed for use by commercial trucks, (2) weight scales designed for use by commercial trucks, (3) a raised canopy used primarily or exclusively by commercial trucks to dispense diesel or other commercial truck fuel that is separate or distinct from the canopy or area used to dispense fuel to automobiles, (4) facilities for the maintenance and/or repair of commercial trucks, (5) facilities for the overnight parking or storage of commercial trucks, (6) shower facilities made available to crews of commercial trucks, (7) specially designed entrances and exits to accommodate access by numerous commercial trucks or (8) any other specialized facility or amenity designed specifically for the use of commercial trucks or the crews of commercial trucks.

Use means the purpose or activity for which a piece of land or its buildings is designed, arranged or intended or for which it is occupied or maintained.

Variance means a modification of the specific requirements of this chapter granted by the board of adjustment in accordance with the terms of this chapter for assuring that no property because of special circumstances applicable to it shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zoning district. Such modifications shall not include authorizing a use not among the uses specified by this chapter as permitted in the district in which such property is located.

Veterinary clinic (animal hospital) means a facility for the practice of veterinary medicine.

Villa typically means an attached row of houses. Two or more single-family dwellings having common wall areas each on its own individual lot with a front and rear yard, typically the balance of the subdivision land, not occupied by a villa unit, is held as common open space by the plat, maintained privately by an association.

Warehouse means a structure for use as a storage place for goods, materials or merchandise.

Weighted sound level means the sound pressure level in decibels as measured on a sound level meter using the A-weighted network. The level so read is designated dB(A) or dBA.

Wind energy conversion system (WECS) means equipment that converts and then stores or transfers energy from the wind into usable forms of energy, including, but not limited to, any base, blades, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component used in the WECS.

Wind farm means a network (more than one) of wind energy conversion systems (WECS) in the same location used for production of electric power.

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 upward, except as otherwise provided in this chapter.

Yard, front, means a yard across the full width of the lot extending from the front line of the main building to the front line of the lot.

Yard, rear, means a yard between the rear lot line and the rear line of the main building and the side lot lines.

Yard, side, means a yard between the main building and the adjacent side line of the lot and extending entirely from the front building line to the rear building line.

Zoning code means the duly approved, enacted and amended ordinance which controls and regulates zoning in the city.

Zoning district map means a map with all notations, dimensions, references and symbols shown thereon depicting individually zoned districts in accordance with sections 405.060 through 405.100.

(Code 2006, § 405.035; Code 2008, § 405.035; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1080, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001; Ord. No. 1844, § 2, 3-27-2002; Ord. No. 1918, § 2, 12-11-2002; Ord. No. 2427, § 1, 12-14-2005; Ord. No. 2587, § 1, 8-23-2006; Ord. No. 2674, §§ 1, 2, 1-24-2007; Ord. No. 2782, § 3, 9-26-2007; Ord. No. 2809, § 1, 11-28-2007; Ord. No. 2919, § 1, 8-27-2008; Ord. No. 2954, § 1, 12-10-2008; Ord. No. 2997, § 1, 5-27-2009; Ord. No. 3001, § 1, 6-24-2009; Ord. No. 2011-3165, § 1—3, 8-24-2011; Ord. No. 2011-3166, § 3, 8-24-2011; Ord. No. 3177, § 1, 8-24-2011; Ord. No. 2011-3178, § 1, 8-24-2011; Ord. No. 3202, § 1, 1-25-2012; Ord. No. 2012-3209, § 2, 3-28-2012; Ord. No. 3328, § 1, 9-25-2013; Ord. No. 3369, § 1, 2-26-2014; Ord. No. 3660, § 1, 12, 11-30-2016; Ord. No. 2017-3774, § 1, 9-27-2017; Ord. No. 3962, § 1, 5-22-2019; Ord. No. 4033, § 11, 11-20-2019; Ord. No. 4147, § 10, 1-13-2021; Ord. No. 4292, § 1, 7-13-2022; Ord. No. 4336, §§ 1, 2, 11-30-2022)

The city is hereby divided into the following zoning districts as shown on the official zoning map, which together with all explanatory matter shown thereon is hereby adopted by reference and declared part of this chapter:

(Code 2006, § 405.040; Code 2008, § 405.040; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1080, 7-26-1990; Ord. No. 1256, 6-28-1995; Ord. No. 1314, § 1, 5-22-1996; Ord. No. 1323, § 2, 7-25-1996; Ord. No. 1324, §§ 1—6, 7-24-1996; Ord. No. 1546, § 1, 8-11-1999; Ord. No. 1559, § 1, 9-9-1999; Ord. No. 1614, § 1, 3-23-2000; Ord. No. 1805, § 1, 11-28-2001; Ord. No. 2134, § 1, 6-23-2004; Ord. No. 2135, § 1, 6-23-2004; Ord. No. 2136, § 1, 6-23-2004; Ord. No. 2726, § 1, 5-24-2007; Ord. No. 3167, § 3, 8-24-2011; Ord. No. 3687, § 1, 1-25-2017)

If, in accordance with procedures of this chapter and of RSMo ch. 89 , a change is made in a zoning district boundary, such change shall be made upon the official zoning map by the community development director or his designee promptly after the ordinance authorizing such change shall have been adopted by the board of aldermen and published.

(Code 2006, § 405.045; Code 2008, § 405.045; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001; Ord. No. 3177, § 1, 8-24-2011)

Land and the zoning district classification thereof shall be as shown on the map designated as the official zoning map. This zoning district map, and all notations, dimensions, references and symbols shown thereon pertaining to such districts, shall be as much a part of this chapter as if fully described herein. This map, together with subsequent amendments, shall be conclusive as to the current zoning status of land. A certified copy of the official zoning map is made available for public inspection in the office of the public works department and the office of the city clerk updated and maintained by the community development director. The board of aldermen of the city hereby replaces the current zoning map for the city with a map dated February 5, 2010. This map shall supersede the prior zoning map for the city and may correct other errors or omissions of the previous zoning map. The current zoning map shall be preserved together with all available records pertaining to its adoption or amendment.

(Code 2006, § 405.050; Code 2008, § 405.050; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001; Ord. No. 1998, § 1, 8-27-2003; Ord. No. 2110, § 1, 4-28-2004; Ord. No. 2881, § 1, 6-11-2008; Ord. No. 3087, § 1, 8-11-2010; Ord. No. 3177, § 1, 8-24-2011; Ord. No. 3451, 2-25-2015)

(a)

Establishment. The locations and boundaries of the zoning districts established herein shall be and are shown on the zoning map that is hereby incorporated into and made a part of this Code. The zoning map, together with all officially authorized notations, references and other information shown thereon and all amendments thereto, shall be a part of this Code and shall have the same force and effect as if the zoning map, together with all notations, references and other information shown thereon, were fully set forth and described herein.

(b)

Maintenance. The community development director or his designee shall maintain the zoning map and shall be responsible for making any officially approved changes thereto.

(c)

Zoning of streets, alleys, public ways and railroad rights-of-way. All streets, alleys, public ways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, public ways or railroad rights-of-way. Where the centerline of a street, alley, public way or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

(d)

General revisions to zoning map. The city may from time to time formally replace the zoning map of the city by ordinance as may be deemed appropriate in the public interest. Such ordinance shall not be subject to any procedures for adoption above and beyond the mandatory requirements for amending zoning district boundaries and regulations as set forth in RSMo 89.050—89.060 . Any revisions to the zoning map thereafter as authorized by subsection (b) of this section by the community development director shall include placement on the map of the date the map has been revised.

(Code 2006, § 405.055; Code 2008, § 405.055; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001; Ord. No. 1877, § 1, 7-10-2002; Ord. No. 2726, § 4, 5-24-2007; Ord. No. 3177, § 1, 8-24-2011)

Where uncertainty exists as to the location of the district boundaries in relation to the official zoning map, the following rules for interpretation shall apply:

(1)

A boundary indicated as approximately following the centerline of a highway, street, alley or easement shall be construed as following such centerline.

(2)

A boundary indicated as approximately following a recorded lot line or the line bounding a parcel shall be construed as following such line.

(3)

A boundary indicated as approximately following the corporate boundary line of a city, village, school district, section or township shall be construed as following such line.

(4)

A boundary indicated as following a railroad line shall be construed as being midway between the main tracks.

(5)

A boundary indicated as following a shoreline shall be construed as following such shoreline, and in the event of change in a shoreline shall be construed as following actual shoreline.

(6)

A boundary indicated as following the centerline of a stream, river, lake, or other body of water shall be construed as following such centerline.

(7)

A distance not specifically indicated on the official zoning map shall be determined by the scale of the map.

(8)

Where a district boundary line divides a lot that is in single ownership at the time of adoption of this chapter, the board of aldermen may permit the extension of the regulations for either portion of the lot to the nearest lot line, but not to exceed 50 feet beyond the district line into the remaining portion of the lot.

(9)

When a street is vacated, the particular district in which the adjacent property lies shall automatically be extended to the centerline of any such street.

(Code 2006, § 405.060; Code 2008, § 405.060; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001)

The regulations established by this chapter within each zoning district shall be minimum regulations for promoting and protecting the public health, safety and general welfare and is uniform for each class of land or building, dwellings and structures throughout each district. Where there are practical difficulties or unnecessary hardship in the application of the strict letter of the regulations, the board of adjustment shall have power in passing upon appeals to vary or modify any rules, regulations or provisions of this chapter, provided that the intent and purposes of this chapter shall be observed, public safety secured, and substantial justice done.

(Code 2006, § 405.065; Code 2008, § 405.065; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001; Ord. No. 3917, § 13, 11-14-2018)

For the purpose of this chapter, permitted uses are listed for the various districts. Unless the contrary is clear from the context of the lists or other regulations of this chapter, uses not specifically listed are prohibited.

(Code 2006, § 405.067; Code 2008, § 405.067; Ord. No. 1805, § 1, 11-28-2001)

The provisions of this chapter shall apply to all uses, structures, improvements and alterations currently existing approved by the city after enactment of this chapter.

(Code 2006, § 405.070; Code 2008, § 405.070; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001)

A pre-application meeting is required prior to submission of a formal application for inclusion upon a planning and zoning commission agenda, for review of any commercial, industrial or public facility site plan or subdivision plat. A pre-application meeting shall be scheduled with the community development director. The purpose of the meeting is to provide the applicant with opportunity to consult early and informally with the community development director and applicable city staff, to assist the applicant in preparing a plan which meets the goals and objectives of the comprehensive plan, highlight ordinance requirements, design issues and review processes. The community development director may waive the pre-application meeting procedure based upon the type of application requested. For pre-application meeting submission requirements, see section 410.100.

(Code 2006, § 405.073; Code 2008, § 405.073; Ord. No. 2265, § 2, 1-27-2005; Ord. No. 3177, § 1, 8-24-2011)

All rights or remedies of the city are expressly saved as to any and all violations of any previous zoning regulations or amendments thereto of the city and that have accrued at the time of the effective date of the ordinance from which this chapter is derived (July 26, 1990), and such accrued violation of previous zoning regulations which would otherwise become non-conforming uses under this chapter, shall be considered as violations of this chapter in the same manner that they were violations of prior zoning regulations of the city.

(Code 2006, § 405.075; Code 2008, § 405.075; Ord. No. 1076, §§ 1, 2, 7-26-1990; Ord. No. 1805, § 1, 11-28-2001)