[CC 2001 §405.010; Ord. No. 856 §12.01(1), 6-11-1987]
This code shall be known and may be cited hereinafter as the
"Zoning Code of the City of Edmundson".
[CC 2001 §405.020; Ord. No. 856 §12.01(3), 6-11-1987]
A.
The
purpose of this code is to regulate and control the zoning of land
and consequent use of said land within the City of Edmundson in order
to promote public safety, health and general welfare of the citizens.
These regulations are specifically designed to:
1.
Protect the character and stability of residential, recreation, commercial,
industrial, and open space areas within the City of Edmundson 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;
6.
Regulate and limit the density of population based on the City's
ability to provide for water, sewerage, schools, parks and other essential
public services;
7.
Divide the City into zoning districts and establish, by reference
to a map, the boundaries of said districts;
8.
Fix reasonable standards to which land, buildings, structures, and
their uses must conform;
9.
Prohibit uses, buildings or structures which are incompatible with
the character of development or uses, buildings or structures permitted
within specified zoning districts;
10.
Prevent illegal additions 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 nuisance
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 or extension
of non-conforming uses;
15.
Designate and define the powers and duties of the official(s) administering
and enforcing this code; and
16.
Provide penalties for the violation of this code.
[CC 2001 §405.030; Ord. No. 856 §12.01(4), 6-11-1987]
A.
If
any court of competent jurisdiction shall declare any part of this
code to be invalid, such ruling shall not affect any other provisions
of this code not specifically included in said ruling.
B.
If
any court of competent jurisdiction shall declare invalid the application
of any provision of this code to a particular land, parcel, lot, district,
use, building or structure, such ruling shall not affect the application
of said provision to any other land, parcel, lot, district, use, building
or structure not specifically included in said ruling.
[CC 2001 §405.040; Ord. No. 856 §12.01(5), 6-11-1987]
A.
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 (1) building.
3.
Every building hereafter erected or structurally altered shall be
located on a lot and in no case shall there be more than one (1) main
building on one (1) 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 code is not intended to abrogate or annul any easement, covenant
or other private agreement provided that where any provision of this
code is more restrictive or impose a higher standard or requirement
than such easement, covenant or other private agreement, the provisions
of this code shall govern.
[CC 2001 §405.050; Ord. No. 856 §12.02, 6-11-1987; Ord. No. 1397 §1, 12-8-2011]
A.
Rules Of Construction. For the purposes 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 words "may" or "should" are permissive.
3.
For the purposes of this Chapter, certain words and phrases are herein
defined. Words and phrases defined herein shall be given the defined
meaning. Words and phrases which are not defined shall be given their
usual meaning except where the context clearly indicates a different
or specified meaning.
4.
The word "person" includes a firm, organization,
association, partnership, trust, company or corporation, as well as
an individual.
5.
The words "use" or "occupy" shall
include the words "intended", "designed" or "arranged" to be "used" or "occupied".
B.
ACCESSORY BUILDING OR STRUCTURE
ACCESSORY USE
AGGRIEVED PARTY
1.
2.
ALLEY
APARTMENT HOUSE
AUTOMOBILE (AUTOMOTIVE)
BASEMENT
BLOCK
BOARD OF ALDERMEN
BUILDING
BUILDING COVERAGE
BUILDING HEIGHT
BUILDING LINE OR SETBACK LINE
BUILDING OFFICIAL
BULK
CHURCH
CITY
COMPREHENSIVE PLAN
CONDITIONAL USE
CONVENIENCE STORE
CURB LEVEL
DAY CARE CENTER
DEDICATION
DENSITY
DISTRICT
DWELLING
DWELLING, MULTIPLE
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
EASEMENT
ENGINEER
FAMILY
FILLING STATION
FRONTAGE
GARAGE, PRIVATE
GARAGE, PUBLIC
GARAGE, STORAGE
GRADE
1.
2.
3.
GROUP HOME
HOME OCCUPATION
HOTEL OR MOTOR HOTEL (MOTEL)
JUNKYARD
LOT
LOT, CORNER
LOT, DEPTH OF
LOT, DOUBLE FRONTAGE
LOT, INTERIOR
LOT LINES
LOT OF RECORD
MEDICAL OR DENTAL OFFICE (CLINIC)
MODULAR UNIT
NON-CONFORMING USE, BUILDING OR YARD
PARKING SPACE
PLACE
PLANNING AND ZONING COMMISSION
PROPERTY LINE
PUBLIC USE AREAS
PUBLIC UTILITY FACILITY, LOCAL
RESIDENCE
RIGHT-OF-WAY
SHORT-TERM RENTAL
SIGHT DISTANCE TRIANGLE
SITE PLAN
STORY
STORY, HALF
STREET
STREET LINE
STRUCTURAL ALTERATIONS
STRUCTURE
SUBDIVISION
TRANSIENT GUEST
TRAVEL TRAILERS
USE
VACATION RENTAL
VARIANCE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING ORDINANCE
Definitions. The following definitions shall apply in interpretation
and enforcement of this code, unless otherwise specifically stated:
A subordinate building or structure having a use customarily
incident 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.
A use incidental and subordinate to the principal use of
the premises.
For the purpose of standing to file permitted appeals from
decisions made in the course of administration of the City's land
use regulations, an aggrieved party is one who:
Suffers a demonstrable and material adverse effect from the
decision at issue, and
Is an owner or occupant of property adjacent to the subject
property. For this purpose, property which would be adjacent to the
subject property but for an intervening street, alley or common ground
shall be deemed to be "adjacent".
A minor public or private right-of-way shown on a plat providing
secondary vehicular access to the rear or side of a lot, block, or
parcel of land otherwise abutting a street.
See "DWELLING, MULTIPLE".
As used herein, the term includes passenger cars, motorcycles,
vans, pickup trucks, and recreational vehicles.
A floored and walled substructure of a building at least
fifty percent (50%) below the average finished grade of the building.
An area of land within a subdivision that is entirely bounded
by streets, highways or right-of-way, except alleys, or between streets,
highways, streams, parks, etc., or any other barrier, or combination
thereof, to the continuity of development.
The officially elected Board of Aldermen of the City of Edmundson;
the term may be abbreviated in this Code as the City Board.
A structure that is affixed to the land, has one (1) or more
floors, one (1) or more exterior walls, and a roof and is designed
or intended for the support, shelter or enclosure of persons, animals,
chattel, or property of any kind but not including any vehicle, trailer
(with or without wheels), nor any movable device such as furniture,
machinery or equipment.
The proportion of the lot area expressed as a percent that
is covered by the maximum horizontal cross section of a building or
buildings.
The vertical distance from the average ground level abutting
a building or structure to the highest point of the roof of a building
or highest point of any permanent part of a structure other than a
building.
A line parallel to a street right-of-way line, edge of a
stream, or other property line established on a parcel of land or
lot for the purpose of prohibiting construction of a building or structure
in the area between such building line and right-of-way, stream bank,
or other property line.
The officially designated representative of the City of Edmundson
charged with the responsibility for enforcement of this Code.
The term used to indicate 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.
A building used principally for religious worship but the
word church shall not include or mean an undertaker's chapel or funeral
building, a religious educational institution or parochial school,
or day care center.
The City of Edmundson, Missouri.
A comprehensive land use plan made and adopted by the City
Planning and Zoning Commission and Board of Aldermen for the City
of Edmundson which through any combination of text, charts and maps
sets forth proposals for general locations for various land uses,
streets, parks, schools, public buildings, utilities and for the physical
development of Edmundson.
A use that would not be appropriate generally or without
restriction throughout the zoning district but which if controlled
as to number, area, location, or relation to the neighborhood would
promote the public health, safety, morals, order, comfort, convenience,
appearance, propriety or general welfare. Such uses may be permitted
in such zoning districts as conditional uses, if specific provisions
for such conditional use is made in this Zoning Code.
A retail establishment having a gross floor area of five
thousand (5,000) square feet or less primarily selling foods as well
as other household goods customarily sold in larger food markets and
supermarkets.
The mean level of the curb in front of the lot or, in case
of a corner lot, along that abutting street where the mean curb level
is the highest.
A place which provides shelter and personal care on a regular
basis for five (5) or more children who are not related within the
third degree computed according to civil law to the operator for four
(4) or more hours of any part of twenty-four (24) hour day, whether
such place be organized or operated for profit or not. The term "day care center" includes child care facility, kindergarten,
nurseries or any other facility that falls within the scope of the
definitions set forth above, regardless of auspices.
Intentional transfer by the 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 the laws of the State of Missouri.
The number of dwelling units per acre of gross land area.
A section or sections of the City of Edmundson for which
the zoning regulations governing the use of buildings and premises
or the height and area of buildings are uniform.
Any building, or portion thereof, which is designed or used
exclusively for residential purposes.
A building or portion thereof designed for or occupied by
three (3) or more families.
A building designed for the occupancy exclusively by one
(1) family.
A building designed for or occupied exclusively by two (2)
families.
A right or privilege to use a portion of another's property
for a particular purpose.
A professional engineer registered in the State of Missouri.
An individual or married couple and the children thereof,
with not more than two (2) other persons related directly to the individual
or married couple by blood or marriage, or a group of not more than
three (3) unrelated persons, living together as a single housekeeping
unit in a dwelling unit.
Any building or premises used for dispensing, sale or offering
for sale at retail of any automobile fuels or oils. When the dispensing,
sale or offering for sale is incidental to the conduct of a public
garage, the premises are classified as a public garage.
All property on one (1) side of a street or place between
two (2) intersecting streets or places (crossing or terminating) measured
along the line of the street or place, or if the street or place is
a dead end, then all of the property abutting on one (1) side between
an intersecting street or place and dead end of the street or place.
An accessory building housing not to exceed four (4) motor-driven
vehicles with property of and for the use of the occupants of the
lot on which the private garage is located.
Any building or premises, except those used as a private
or storage garage, used for equipping, repairing, hiring, selling
or storing motor-driven vehicles.
Any building or premises used for housing only of motor-driven
vehicles pursuant to previous arrangements and not to transients and
at which automobile fuels and oils are not sold, and motor-driven
vehicles are not equipped, repaired, hired or sold.
For buildings having walls adjoining one (1) street only, the
elevation of the sidewalk at the center of the wall adjoining the
street.
For buildings having walls adjoining more than one (1) street,
the average of the elevation of the sidewalk at the center of all
walls adjoining the street.
For buildings having no walls adjoining the street, the average
level of the finished surface of the ground adjacent to the exterior
walls of the building.
|
|
Any wall approximately parallel to and not more than five (5)
feet from a street line is to be considered as adjoining the street.
|
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.
A domestic activity carried on by members of a family residing
on the premises, but excluding beautyshops, barbershops, music schools,
convalescent or nursing homes, tourist homes, massage or other establishments
offering services to the general public, and providing that there
are no signs nor any display that will indicate from the exterior
of the building that is being utilized, in whole or in part, for any
purpose other than that of a dwelling; providing, also, that there
is not stock in trade or commodity sold upon the premises, no person
is employed other than a member of the family residing on the premises,
and no mechanical equipment is used except such as is customary for
purely domestic or household purposes.
A building in which lodging is provided and offered to the
public for compensation and which is open to transient guests, in
contradistinction to a boarding house or lodging house.
A parcel of land upon which the principal or accessory use
is the accumulation of used, discarded, or worn-out materials, or
manufactured products, any of which may or may not be reusable or
saleable.
A parcel of land occupied or intended for occupancy by one
(1) main building together with accessory buildings, including the
open space required by this Chapter, and having its principal frontage
on a street or upon an officially approved place.
A lot abutting upon two (2) or more streets at their intersection.
The mean horizontal distance between the front and the rear
lot lines.
A lot having a frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
A lot other than a corner lot.
The lines bounding a lot.
A lot which is part of a subdivision, the map of which has
been recorded in the office of the Recorder of Deeds of St. Louis
County or a lot described by metes and bounds, the description of
which has been recorded in the office of the Recorder of Deeds of
St. Louis County, Missouri.
A facility for the practice of medicine or dentistry for
humans, including accessory diagnostic laboratories, but not including
inpatient or overnight care, or operating rooms for major surgery.
A prefabricated building which arrives at its building site
requiring only site preparation and assembly of major components,
including installation on a permanent foundation.
A use, building or yard existing legally at the time of the
passage of this Chapter, June 11, 1987, 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.
A durably dustproofed, 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 (1) 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 VI, Off-Street Parking and Loading Requirements.
An open unoccupied space, other than a street or alley, permanently
reserved as the principal means of access to abutting property.
The officially appointed Planning and Zoning Commission of
the City of Edmundson; the term may be abbreviated in this code as
the "Planning Commission" or simply the "Commission".
The legally recorded boundary of a lot, tract, or other parcel
of land.
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 enjoyment.
A public utility facility serving a local area only, such
as an electric substation or a water or gas pumping or regulating
station or a telephone switching center.
Any building which is designed or used exclusively for residential
purposes, except hotels and motels.
The land opened, reserved or dedicated for a street, sewer,
water, walk, drainage course or other public purpose.
The rental of any legally-permitted dwelling unit, or a portion
thereof, located in any residential zoning districts or any other
zoning districts where residential structures are allowed, in exchange
for renumeration or consideration, for a period of less than thirty-one
(31) consecutive calendar days.
[Ord. No. 1515, 12-12-2019]
The triangle area of a corner lot bound by the property lines
and a line connecting the two (2) points on the property lines thirty
(30) feet from the intersection of the property lines.
A plan, to scale, showing uses and structures proposed for
a parcel of land as required by the regulations involved. It includes
lot lines, streets, building sites, reserved open space, buildings,
major landscape features — both natural and man-made —
and, depending on requirements, the locations of proposed utility
lines.
That portion of a building, other than a basement, included
between the surface of any floor and the surface of a floor next above
it or, if there is no floor above it, then the space between the floor
and the ceiling next above it.
A space under a sloping floor which has the line of intersection
of roof decking and wall face not more than three (3) feet above the
top floor level, and in which space not more than two-thirds (2/3)
of the floor area is finished off for use. A half story containing
independent apartment or living quarters shall be counted as a full
story.
A general term denoting a public or private thoroughfare
which affords the principal means of access to abutting property.
The term 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.
A dividing line between a lot, tract or parcel of land and
a continuous street.
Any change in the supporting members of a building, such
as bearing walls, column, beams or girder, or the addition of new
electrical circuits or plumbing fixtures to the building.
Anything constructed or erected, the use of which requires
permanent location on the ground or attached to something having a
permanent location on the ground.
The partitioning of a parcel or tract of land by an owner
or developer into two (2) or more lots of any size for the purpose
of sale, lease or development, whether immediate or future; included
are all changes in street lines, dedication or platting of streets,
and changes in lot lines.
Any person who occupies any dwelling unit, room or accommodation,
by furnishing renumeration or consideration to the owner thereof,
for a period of less than thirty-one (31) consecutive calendar days.
[Ord. No. 1515, 12-12-2019]
Including automobile tent trailers, recreational vehicles,
or house cars designed to provide temporary mobile housing for highway
and recreational travelers. Such use shall be considered equivalent
to a hotel, tourist court or motel for zoning purposes.
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.
This term is synonymous with "Short-Term Rental."
[Ord. No. 1515, 12-12-2019]
A modification of the specific requirements of this Chapter
granted by the Board of Adjustment in accordance with the terms of
this Chapter for the purpose of 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.
An open space, other than a court, on the same lot with a
building, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided herein. In measuring
a yard for the purpose of determining the width of a side yard, the
depth of a front yard or the depth of a rear yard, the mean horizontal
distance between the lot line and the main building shall be used.
A yard extending across the front of a lot between the side
yard lines and being the minimum horizontal distance between the street
line and the main building or projection thereof other than steps,
unenclosed balconies and unenclosed porches.
A yard extending across the rear of a lot measured between
the lot lines and being the minimum horizontal distance between the
rear lot line and the rear of the main building or any projections
other than steps, unenclosed balconies or unenclosed porches. On corner
lots the rear yard shall be considered as parallel to the street upon
which the lot has its least dimension. On both corner lots and interior
lots the rear yard shall in all cases be at the opposite end of the
lot from the front yard.
A yard between the building and the side line of the lot
extending from the front lot line to the rear lot line.
The duly approved, enacted and amended ordinance which controls
and regulates zoning in the City of Edmundson.
