[R.O. 2001 § 405.010; CC 1984 § 42.010; Ord. No. 615 Art. I § A, 12-6-1973]
This Chapter shall be known, referred to and cited as the "Zoning
Ordinance of Memphis, Missouri."
[R.O. 2001 § 405.020; CC 1984 § 42.020; Ord. No. 615 Art. I § B, 12-6-1973]
The zoning regulations set forth herein are enacted to implement
the land use portion of the Comprehensive Development Plan for the
City of Memphis, Missouri, and to promote the health, safety, morals
and general welfare of the citizens of the City. These regulations
are intended to lessen congestion in the streets; to secure safety
from fire, panic and other dangers; to provide adequate light and
air; to prevent the overcrowding of land; to avoid undue concentration
of population; and to facilitate the adequate provision of transportation,
water, sewage, schools, parks and other public requirements.
[R.O. 2001 § 405.030; CC 1984 § 42.030; Ord. No. 615 Art. I § C, 12-6-1973]
The provisions set forth in these regulations have been prepared
in accordance with the authority granted by the General Assembly of
the State of Missouri, as provided by Municipal Planning Act, Sections
89.300 to 89.491, RSMo.
[R.O. 2001 § 405.040; CC 1984 § 42.040; Ord. No. 615 Art. I § D, 12-6-1973]
The jurisdiction of these regulations shall include all land
in the corporate limits. These regulations shall also apply to any
land added to the corporate area after such land shall have been legally
annexed.
[R.O. 2001 § 405.050; CC 1984 §§ 42.050
— 42.060; Ord. No. 615 Art. II, 12-6-1973; Ord. No. 890 § 1, 9-15-2005; Ord. No. 946 § 1, 1-8-2009; Ord. No. 949 § 1, 5-7-2009]
A.
Tense, Number, Etc. For the purposes of these regulations, words
used in the present tense shall include the future tenses; words in
the singular number include the plural and words in the plural number
include the singular, except where the natural construction of the
writing indicates otherwise. The word "shall" is mandatory and not
directory.
B.
ACCESSORY BUILDING OR USE
ALLEY
APARTMENT
APARTMENT HOUSE
BASEMENT
BOARDING HOUSE
BUILDING
BUILDING, HEIGHT OF
CELLAR
CLINIC, MEDICAL
DISTRICT
DWELLING
DWELLING, MULTIPLE
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
FAMILY
FILLING STATION or SERVICE STATION
FRONTAGE
GARAGE, PRIVATE
GARAGE, PUBLIC
GARAGE, STORAGE OR PARKING
GRADE
1.
2.
3.
GROUP HOME
HOME OCCUPATION
HOTEL
INSTITUTION
LAUNDROMAT
LOADING SPACE
LODGING HOUSE
LOT
LOT OF RECORD
LOT, CORNER
LOT, DOUBLE FRONTAGE
MOBILE HOME
MOBILE HOME PARK DISTRICT
MOTOR COURT or MOTEL
NON-CONFORMANCE
NON-CONFORMING USE
NURSING HOME
PARKING AREA
PARKING LOT
PARKING SPACE
PLACE
PLANNING AND ZONING COMMISSION
PUBLIC SEWAGE SYSTEM
PUBLIC WATER SUPPLY SYSTEM
ROOMING HOUSE
STORY
STORY, HALF
STREET
STREET LINE
STRUCTURAL ALTERATION
STRUCTURE
TRAILER
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING MAP
For the purposes of these regulations,
certain terms and words are to be used and interpreted as defined
hereinafter:
A subordinate building or a portion of the main building,
the use of which is incidental to that of the dominant use of the
main building or land. An accessory use is one which is incidental
to the main use of the premises.
A way which affords only a secondary means of access to property
abutting thereon, or which is less than thirty (30) feet wide.
A room or suite of rooms used as the dwelling of a family,
including bath and culinary accommodations, located in a building
in which there are three (3) or more such rooms or suites.
See "dwelling, multiple."
A story having part but not more than one-half (1/2) of its
height above grade and used for storage, garages for use of occupants
of the building, janitor or watchman quarters, or other utilities
common for the rest of the building. A "basement" used for the above
purpose shall not be counted as a story.
A building other than a hotel where, for compensation and
by arrangement, meals or lodging and meals are provided for three
(3) or more persons.
Any structure designed or built for the support, enclosure,
shelter or protection of persons, animals, chattels or property of
any kind.
The vertical distance from the grade to the highest point
of the coping of the flat roof or to the deck line of a mansard roof,
or to the mean height level between eaves and ridge for gable, hip
and gambrel roofs.
A story having more than one-half (1/2) of its height below
grade. A cellar is not included in computing the number of stories
for the purpose of height measurement.
An establishment where patients, who are not lodged overnight,
are admitted for examination and treatment by a group of physicians
or dentists practicing medicine together.
A section or sections of the City of Memphis for which the
zoning regulations governing the use of buildings and premises, the
height of buildings, the size of yards, and the intensity of use are
uniform.
Any building or portion thereof which is designed for or
used exclusively for residential purposes.
A building designed for or occupied exclusively by more than
two (2) families.
A building designed for or occupied by one (1) family.
A building designed for or occupied exclusively by two (2)
families.
A group of one (1) or more persons occupying a premises and
living as a single housekeeping unit, whether or not related to each
other by birth or marriage, as distinguished from a group occupying
a boarding house, lodging house or hotel as herein defined.
Any building, structure or land used for the dispensing,
sale or offering for sale at retail of any automobile fuels, oils
or accessories, including lubrication of automobiles and replacement
or installation of minor parts and accessories but not including major
repair work such as motor replacement, body and fender repair or spray
painting.
All the property on one (1) side of a street between two
(2) intersecting streets (crossing or terminating) measured along
the line of the street or, if the street is dead ended, then all of
the property abutting on one (1) side between an intersecting street
and the dead end of the street.
An accessory building designed or used for the storage of
not more than four (4) motor-driven vehicles owned and used by the
occupants of the building to which it is accessory.
A building or portion thereof other than a private or storage
garage designed or used for equipping, servicing, repairing, hiring,
selling or storing motor-driven vehicles.
A building or portion thereof designed or used exclusively
for term storage by prearrangement of motor-driven vehicles, as distinguished
from daily storage furnished transients, and within which motor fuels
and oils may be sold, but no motor-driven vehicles are equipped, repaired,
hired or sold.
For buildings having walls adjoining one (1) street only, the
evaluation 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 sidewalks at the centers of all
walls adjoining the streets.
For buildings having no wall adjoining the street, the average
level of the finished surface of the ground adjacent to the exterior
walls of the building.
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NOTE: Any wall approximately parallel to and not more than five
(5) feet from a street line shall be considered as adjoining the street.
Where no sidewalk exists, the grade shall be established by the City
Engineer.
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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
Any use conducted entirely within a dwelling or an accessory
building which is clearly incidental and secondary to the use thereof
for dwelling purposes and which does not change the character thereof,
and in connection with which there is no outside display or storage
of goods, nor emission of dust, noise, fumes, vibration or smoke beyond
the lot line. Such home occupation shall not employ more than three
(3) persons who are not members of the family nor occupy a floor area
greater than fifty percent (50%) of the floor area of the dwelling
unit. Care of children in the home, provided that no more than three
(3) children are cared for, shall not be considered a home occupation
and shall be considered exempt from parking restriction.
A building in which lodging or boarding and lodging are provided
and offered to the public for compensation and in which ingress and
egress to and from all rooms is made through an inside lobby or office
supervised by a person in charge at all hours. As such, it is open
to the public as opposed to a boarding house, a lodging house or an
apartment which are herein separately defined.
A building occupied by a non-profit corporation or a non-profit
establishment for public use.
A business that provides home-type washing, drying or ironing
machines for hire to be used by customer on the premises.
A space within the main building or on the same lot, providing
for the standing, loading or unloading of trucks, having a minimum
dimension of twelve (12) feet by forty (40) feet and a vertical clearance
of at least fourteen (14) feet.
A building other than a hotel where lodging only is provided
for three (3) or more but not more than twenty (20) persons.
A parcel of land occupied or intended for occupancy by a
use permitted in this Chapter, including one (1) main building together
with its accessory buildings, the open space and parking spaces required
by this Chapter, and having its principal frontage upon a street or
upon an officially approved place.
A lot which is part of a subdivision, the map of which has
been recorded in the office of the Recorder of Deeds of the County
of Scotland, or a parcel of land the deed of which was recorded in
the office of the Recorder of Deeds prior to the adoption of this
Chapter.
A lot abutting upon two (2) or more streets at their intersection.
A lot having a frontage on two (2) non-intersecting streets
as distinguished from a corner lot.
A transportable factory-built home more than eight (8) feet
in width or more and more than thirty-six (36) feet in length, designed
to be used as a year-round residential dwelling and built prior to
the enactment of the Federal Manufactured Housing Construction and
Safety Standards of 1974 which became effective June 15, 1976, and
equipped with the necessary service connections and made so as to
be readily movable as a unit on its own running gear and designed
to be used as a dwelling unit without a permanent foundation.
Any parcel of land consisting of three (3) or more acres
upon which two (2) or more mobile homes occupied for dwelling or sleeping
purposes are located, regardless of whether or not a charge is made
for such accommodation. A "mobile home space" means the area within
a mobile home park district designed for the accommodation of one
(1) mobile home.
A building or group of buildings used primarily for the temporary
residence of motorists or travelers.
A lawful condition of a structure or land which does not
conform to the regulations of the district in which it is situated.
This may include but is not limited to failure to conform to use,
height, area, coverage or off-street parking requirements.
A structure or land lawfully occupied by a use that does
not conform to the regulations of the district in which it is located.
A home for the aged, chronically ill or incurable persons
in which three (3) or more persons not of the immediate family are
received, kept and provided with food, or shelter and care, for compensation,
but not including hospitals, clinics or similar institutions devoted
primarily to the diagnosis, treatment or care of the sick or injured.
An open, unoccupied space used or required for use for parking
of vehicles exclusively and in which no gasoline or vehicular accessories
are sold or no other business is conducted and no fees are charged.
An open, surfaced area used exclusively for the temporary
storage of motor vehicles and within which motor fuels and oils may
be sold and fees charged, but no vehicles may be equipped, repaired,
rented or sold.
A surfaced area, enclosed in the main building or in an accessory
building or unenclosed, having an area of not less than two hundred
(200) square feet, exclusive of driveways, permanently reserved for
the temporary storage of one (1) automobile and connected with a street
or alley by a surfaced driveway which affords satisfactory ingress
and egress for automobiles.
An open, unoccupied space or a public or private thoroughfare
other than a street or alley permanently reserved as the principal
means of access to abutting property.
The official planning and zoning body of the City of Memphis,
Missouri.
A system serving ten (10) or more dwelling units and approved
by the Missouri Department of Health and the Missouri Water Pollution
Board.
A system serving ten (10) or more dwelling units and approved
by the Missouri Department of Health.
See "lodging house."
That portion of a building other than a cellar 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 the floor
and the ceiling next above it.
A partial story under a gable, hip or gambrel roof, the wall
plates of which on at least two (2) opposite exterior walls are not
more than three (3) feet above the floor of such story, except that
any partial story used for residence purposes other than for a janitor
or caretaker or his/her family or by a family occupying the floor
immediately below it shall be deemed a full story.
A public or private thoroughfare which affords the principal
means of access to abutting property.
A dividing line between a lot, tract or parcel of land and
a contiguous street.
Any change in the supporting members of a building, such
as bearing walls or partitions, column, beams or girders, or any substantial
change in the roof or in the exterior walls excepting such repair
or replacement as may be required for safety of the building, but
not including openings in bearing walls as permitted by existing ordinances.
Anything constructed or erected, the use of which requires
more or less permanent location on the ground or attached to something
having a permanent location on the ground, including, but without
limiting the general inclusiveness of the foregoing, advertising signs,
billboards, backstops for tennis courts, pergolas and any accessory
buildings, prefabricated or otherwise, such as sheds or carports,
that exceed the dimensions of twelve (12) feet by twelve (12) feet
in area.
A vehicle, other than a motor vehicle, designed or intended
for use for dwelling purposes, whether or not such vehicle is attached
to or resting on the ground or something having a location on the
ground.
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 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 the rear yard, the minimum horizontal
distance between the lot line and the main building shall be used.
A yard extending across the front of a lot and being the
minimum horizontal distance between the street or place line and the
main building or any projections thereof other than the projections
of the usual uncovered steps, uncovered balconies, or uncovered porch.
On corner lots, the front yard shall be considered as parallel to
the street upon which the lot has its least dimension.
A yard extending across the rear of a lot and being the required
minimum horizontal distance between the rear lot line and the rear
of the main building or any projections thereof other than the projections
of uncovered steps, unenclosed balconies or unenclosed porches. On
all lots, the rear yard shall be in the rear of the front yard.
A yard between the main building and the side line of the
lot, and extending from the required front yard to the required rear
yard, and being the minimum horizontal distance between a side lot
line and the side of the main building or any projections thereof.
The Official Zoning Map of the City of Memphis, Missouri,
such map being located in the office of the City Clerk, the City Engineer
or Planning and Zoning Commission offices.
