[CC 1985 §42.010]
The rules and definitions contained in this Article shall be
observed and applied, except when the context clearly indicates otherwise.
[CC 1985 §42.020]
A.
The
following rules of construction shall apply to the text:
1.
The particular shall control the general.
2.
In case of any difference of meaning or implication between the text
and any caption or illustration, the text shall control.
3.
The word "shall" is mandatory and not discretionary.
The word "may" is permissive.
4.
Words used in the present term shall include the future; and words
used in the singular number shall include the plural, and the plural
the singular, unless the context clearly indicates the contrary.
5.
The phrase "used for" includes "arranged
for", "designed for", "intended
for", "maintained for", "occupied
for".
[CC 1985 §42.030; Ord. No. 333-C §1, 1-15-1990; Ord. No. 335-C §1, 4-16-1990]
As used in this Chapter, the following words and phrases have
these indicated meanings:
A use customarily incidental and subordinate to the principal
use or building and location on the same lot with such principal use
or building. An "accessory use" includes, but is
not limited to, the following:
A children's playhouse, garden house and private greenhouse.
A civil defense shelter serving not more than two (2) families.
A garage, shed or building for domestic storage.
Incinerators incidental to residential use.
Storage of merchandise normally carried in stock on the same
lot with any retail service or business use, unless such storage is
excluded by the district regulations.
A house for non-paying guests or rooms for guests within an
"accessory building", provided such facilities are used for the occasional
housing of guests of occupants of the principal building and not for
permanent occupancy by others as housekeeping units.
Off-street motor vehicle parking areas and loading and unloading
facilities.
A narrow serviceway providing a secondary public means of
access to abutting properties and not more than twenty (20) feet wide.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities, or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another, or by change in use
from that of one district classification to another.
Any change in the supporting members of a building such as
bearing walls, columns, beams or girders.
A room or suite of rooms in a multiple-family structure which
is arranged, designed, used or intended to be used as a single housekeeping
unit and which contains complete kitchen, bath and toilet facilities
permanently installed.
A building arranged, intended or designed to be occupied
by three (3) or more families living independently of each other.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps.
Engine rebuilding or major reconditioning of worn or damaged
motor vehicles or trailers; collision service, including body, frame
or fender straightening or repair; and overall painting of vehicles.
Incidental repairs, replacement of parts and motor service
to automobiles, but not including any operation specified under "Automobile
Repair, Major".
A story partly underground but having at least one-half (½)
of its height above the average level of the adjoining ground. A basement
should be counted as a story for the purposes of height measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five (5) feet or if used for
business or dwelling purposes.
That property abutting on one (1) side of a street between
the two (2) nearest intersecting streets or other natural barriers.
The Governing Body of a political subdivision created by
and known in the Statutes of Missouri as a City. The Board of Aldermen
is vested with the corporate powers of the City.
A building or premises where meals are served for compensation
for five (5) or more persons, but not exceeding twelve (12) persons.
An establishment where meals are served for compensation for more
than twelve (12) persons should be deemed a restaurant.
A structure having a roof supported by columns or walls for
the shelter, support, enclosure or protection of persons, animals,
chattels or property. When separated by party walls, each portion
of such building should be considered a separate structure.
The maximum horizontal projected area of a building and its
accessory buildings, excluding open steps, terraces and cornices projecting
not more than thirty (30) inches.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches whether
enclosed or unenclosed but does not include steps.
The vertical distance measured from the average elevation
of the proposed or existing finished grade at the front of the building
to the highest point of the roof for flat roofs, to the deck line
of mansard roofs, and to the mean height between eaves and ridge for
gable, hip or gambrel roofs.
A story having more than one-half (½) of its height
below grade.
That percentage of the plot or lot area covered by the building
area.
A section of the City for which uniform regulations governing
the use, height, area and intensity of use by buildings and land,
and open spaces about buildings, are herein established.
A building designated for permanent location on the land and for use exclusively as living quarters for one (1) or more families, excluding overnight campers, trailers, mobile homes or mobile home dwellings (as defined below in this Section 405.050).
A detached building designed for or occupied exclusively
by one (1) family.
A building designed for or occupied exclusively by two (2)
families living independently of each other. May also be referred
to as a duplex.
A dwelling or group of dwellings on one (1) plot containing
separate living units for three (3) or more families, but which may
have joint services or facilities or both.
A group of two (2) or more one-family, two-family or multiple
dwellings occupying a lot in one (1) ownership and having any yard
in common.
A dwelling, the walls on two (2) sides of which are in common
with the walls of adjoining dwellings and are party or lot line walls.
A building or portion thereof providing complete housekeeping
facilities for one (1) family.
One (1) or more persons who live together in one (1) dwelling
unit and maintaining a common household. May consist of a single person
or of two (2) or more persons, whether or not related by blood, marriage
or adoption. May also include domestic servants and gratuitous guests.
The sum of the gross horizontal areas of the several floors
of the building or buildings measured from the exterior faces of exterior
walls or from the centerline of walls separating two (2) buildings.
In particular, the "floor area" of a building or
buildings shall include:
Basement space.
Elevator shafts and stairwells at each floor.
Floor space for mechanical equipment with structural headroom
of seven (7) feet six (6) inches or more.
Penthouses.
Attic space (whether or not a floor has actually been laid)
providing structural headroom of seven (7) feet six (6) inches or
more.
Interior balconies and mezzanines.
Enclosed porches.
Accessory uses, not including space for accessory off-street
parking. However, the "floor area" of a building
does not include:
Cellar space, except that cellar space used for retailing should
be included for the purpose of calculating requirements for accessory
off-street parking spaces and accessory off-street loading berths.
Elevator and stair bulkheads, accessory water tanks and cooling
towers.
Floor space used for mechanical equipment with structural headroom
of less than seven (7) feet six (6) inches.
Attic space, whether or not a floor has actually been laid,
providing structural headroom of less than seven (7) feet six (6)
inches.
Uncovered steps.
Terraces, breezeways and open spaces.
Accessory off-street parking spaces.
Accessory off-street loading berths up to two hundred percent (200%) of the amount required by Section 405.210(E).
The total floor area of the building or buildings on that
zoning lot divided by the area of such zoning lot.
All the property abutting on one (1) side of a street or
place between two (2) intersecting streets or places (crossing or
terminating) or if the street or place is dead ended, then all of
the property abutting on one (1) side between an intersecting street
or place and the dead end of the street or place.
A group of minor garages, one (1) story in height, arranged
in a row or surrounding a common means of access and erected for the
use of adjacent property owners having no minor garage on their individual
lots.
An accessory building, housing not to exceed four (4) motor-driven
vehicles, the property of and for the use of the occupants of the
lot on which the private garage is located.
Any garage other than a private garage, available to the
public, operated for gain and which is used for storage, repair, rental,
greasing, washing, servicing, adjusting or equipping of automobiles
or other motor vehicles.
Any home in which eight (8) or fewer unrelated mentally or
physically handicapped persons reside, and may include two (2) additional
persons acting as houseparents or guardians who need not be related
to each other or to any of the mentally or physically handicapped
persons residing in the home.
An accessory of a service character customarily conducted
within a dwelling by the residents thereof, which is clearly secondary
to the use of the dwelling for living purposes and does not change
the character thereof or have any exterior evidence of such secondary
use other than a small name plate and in connection with there is
not involved the keeping of a stock in trade. The office of a physician,
surgeon, dentist, or other professional person, including an instructor
in violin, piano other individual musical instruments limited to a
single pupil at a time who offers skilled services to clients, and
is not professionally engaged in the purchase or sale of economic
goods, shall be deemed to be home occupations; and the occupations
of dressmaker, milliner or seamstress, each with not more than one
(1) paid assistant, shall be deemed to be home occupations; day care
homes are deemed to be a home occupation. Dancing instruction, band
instrument instruction in groups, tourist homes, beauty parlors, real
estate offices, convalescent homes, mortuary establishments, and stores,
trades or businesses of any kind not herein expected should not be
deemed to be home occupations. There shall be no more than one (1)
home occupation on any given lot. Under no circumstances shall there
be a combination of home occupation and special use exception in existence
on any one (1) lot.
Unless otherwise specified, the term "hospital" shall include sanitarium, clinic, rest home, nursing home, convalescent
home or any other place for the diagnosis, treatment or other care
of ailments, and should be deemed to be limited to places for the
diagnosis, treatment or other care of human ailments.
A building in which lodging is provided and to the public
for compensation and in which ingress and egress to and from rooms
is made through an inside lobby or office supervised by a person in
charge at all hours, and which is open to transient guests, in contradistinction
to a boarding house or lodging house.
A business that provides home-type washing, drying and/or
ironing machines and/or dry cleaning machines for hire to be used
by customers on the premises.
A light industrial use is one which creates a minimum amount
of nuisance outside the plant; is conducted entirely within an enclosed
building; does not use the open area around such buildings for storage
of raw materials or manufactured products or for any other industrial
purpose other than transporting goods between buildings; provides
for enclosed loading and unloading berths; and which is not noxious
or offensive by reason of the emission of smoke, dust, fumes, gas,
odors, noises or vibrations beyond the confines of the building.
A space within the main building or on the same lot therewith
providing for the standing, loading or unloading of trucks.
A building or premises where lodging is provided for compensation
for five (5) or more persons, but not exceeding twelve (12) persons.
A parcel, tract or area of land accessible by means of street
or place. It may be a single parcel separately described in a deed
or plat which is officially recorded by the County Government, or
it may include parts of or a combination of such parcels when adjacent
to one another and used as one (1).
A lot at the junction of and having frontage on two (2) or
more intersecting streets.
The percentage of the lot area covered by the building area.
The mean horizontal distance between the front lot line and
rear lot line, measured in the general direction of the side lot lines.
A lot other than a corner or through lot.
In the case of an interior lot, a line separating the lot
from the street or place and, in the case of a corner lot, a line
separating the narrowest frontage of the lot from the street.
A lot fronting on two (2) parallel or approximately parallel
streets and which is not a corner lot.
The dimension of a lot, measured between side lot lines on
the building line.
Any vehicle or similar portable structure designed for use
as a conveyance on highways, having no foundation other than wheels
or removable jacks, and designed and/or constructed to permit occupancy
for dwelling purposes, containing one (1) or more flush toilets, baths
or showers.
Excluded from the definition of "mobile home dwelling" is modular constructed homes having gabled roofs and constructed
for placement on a foundation or basement.
That part of a community unit plan area not occupied by rights-of-way.
A building or use of land that does not conform to the regulations
for the district in which it is situated.
A school designed to provide daytime care or instruction
for two (2) or more children from two (2) to five (5) years of age
inclusive.
Any place, lot, parcel or yard used in whole or in part for
the storage or parking of two (2) or more vehicles where such usage
is not incidental to or in conjunction with a dwelling or other usage
permissible in dwelling districts and located on the same tract.
An off-street space available for the parking of one (1)
motor vehicle and having an area of not less than one hundred eighty
(180) square feet exclusive of passageways and driveways appurtenant
thereto and giving access thereto and having direct access to a street
or alley.
An open unoccupied space, other than a street or alley, permanently
reserved as the principal means of access to abutting property.
A dwelling occupied by permanent guests only and not by transients.
It may include restaurants, newsstands and other accessory services
if primarily for occupants and only incidentally open to the public.
A building, buildings, premises or portions thereof which
are arranged, designed or intended to be used for the retail sale
of gasoline or other motor vehicle, motorboat or aircraft fuels.
Any building, structure or portion thereof which is used
in whole or in part for the shelter or care of horses, cattle or other
similar animals, either permanently or transiently.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
be no floor above it, then the space between any floor and the ceiling
next above it.
A public or private way which affords the principal means
of access to abutting properties.
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grades of the street should be taken as the street grade.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
The specific purpose for which land or a building is designed,
arranged, intended, or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent should
not be deemed to include any non-conforming use.
A space on the same lot with a principal building, open,
unoccupied and unobstructed by structures, except as otherwise provided.
A yard extending across the full width of the lot, unoccupied
other than by steps, walks, terraces, driveways, lampposts and similar
structures, the depth of which is the least distance between the front
lot line and the building line.
A yard extending across the full width of the lot between
the rear of the principal building and the rear lot line unoccupied
other than by accessory buildings which do not occupy more than thirty
percent (30%) of the required space and steps, walks, terraces, driveways,
lampposts and similar structures, the depth of which is the least
distance between the rear lot line and the rear of such principal
building.
A yard between the principal building and the side lot line,
extending from the front yard or from the front lot line where no
front yard is required, to the rear yard. The width of the required
side yard is measured horizontally, at ninety degrees (90°) with
the side lot line, from the nearest part of the principal building.
A map entitled "Canton, Missouri Zoning District Map", dated
1964, and any amendments thereto.
