[R.O. 2009 §156.001; CC 1981 §30-1; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998]
This Chapter shall be known as the "Zoning Ordinance for the City of St. Charles, Missouri".
[R.O. 2009 §156.002; CC 1981 §30-2; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998]
For the purpose of promoting health, safety, morals and the general welfare of the community, the City Council hereby places regulations and restrictions upon the height, number of stories and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, the preservation of features of historical significance and the location and use of buildings, structures and land for trade, industry, residence or other purposes.
[R.O. 2009 §156.003; CC 1981 §30-3; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998]
These regulations are intended to be in general accordance with the Comprehensive Plan and are designed to:
Lessen congestion in the streets;
Secure safety from fire, panic and other dangers;
Promote health and the general welfare;
Provide adequate light and air;
Prevent the overcrowding of land;
Avoid undue concentration of population;
Preserve features of historical significance;
Facilitate the adequate provision of transportation, water, sewerage, sewage, schools, parks and other public services.
[R.O. 2009 §156.004; CC 1981 §30-4; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998]
Whenever any provision of these regulations imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, the provisions of these regulations shall govern.
[R.O. 2009 §156.005; CC 1981 §30-5; Ord. No. 77-31, 7-5-1977; Ord. No. 89-35, 2-23-1989; Ord. No. 90-188, 7-18-1990; Ord. No. 92-70, 4-21-1992; Ord. No. 92-271, 11-12-1992; Ord. No. 92-308, 12-23-1992; Ord. No. 93-183, 8-25-1993; Ord. No. 93-210, 9-1-1993; Ord. No. 95-344, 12-8-1995; Ord. No. 96-6, 1-16-1996; Ord. No. 96-256, 9-19-1996; Ord. No. 98-209, 5-15-1998; Ord. No. 99-53, 2-4-1999; Ord. No. 99-205, 6-3-1999; Ord. No. 99-322, 9-23-1999; Ord. No. 00-78, 4-5-2000; Ord. No. 01-156, 7-19-2001; Ord. No. 03-98, 5-13-2003; Ord. No. 04-176, 8-4-2004; Ord. No. 04-216, 9-10-2004; Ord. No. 05-65, 3-7-2005; Ord. No. 05-319, 12-22-2005; Ord. No. 06-106, 4-26-2006; Ord. No. 06-163, 6-30-2006; Ord. No. 06-357, 12-20-2006; Ord. No. 07-167, 6-13-2007; Ord. No. 07-212, 8-22-2007; Ord. No. 09-47, 3-20-2009; Ord. No. 10-74 §1, 4-22-2010; Ord. No. 10-244 §1, 11-18-2010; Ord. No. 11-26 §1, 2-4-2011; Ord. No. 12-165 §1, 9-28-2012; Ord. No. 12-189 §1, 10-18-2012; Ord. No. 13-116 §1, 6-20-2013]
For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
- ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE
- An item is abandoned, wrecked, dismantled or inoperative if it meets one (1) or more of the following criteria:
- 1. Does not possess an engine, when an engine is necessary for its operation as designed.
- 2. Has one (1) or more flat or missing tires.
- 3. Is incapable of being operated for lack of a major component.
- 4. Is missing significant body parts such as the hood, fender, cab, door or trunk lid.
- 5. Is a vehicle which does not have lawfully affixed thereto an unexpired license plate and a current motor vehicle safety inspection certificate.
- 6. Is a boat or a trailer which is not currently licensed.
- 7. Windows are broken or missing.
- 8. The body of the vehicle is significantly rusted.
- ACCESSORY BUILDING
- A freestanding, separate building which is devoted exclusively to an accessory use. Any building that is customarily incidental to an agricultural use is an accessory building even though it may not be on the same lot as the main building. See Figure 1 following this Section. In residential zoning districts, accessory buildings shall include, but are not limited to, greenhouses, tool sheds, swimming pool cabanas, gazebos, unattached carports and unattached garages.
- ACCESSORY USE
- A use which is incidental or customary to the principal use and is on the same lot as the principal use.
- ADULT DAY CARE FACILITY
- A facility designed to provide care and supervision to meet the needs of five (5) or more functionally impaired adults for periods of less than twenty-four (24) consecutive hours, but more than two (2) hours per day in a place other than the adult's home.
- AGRICULTURAL USE
- The growing of crops or the raising of livestock or poultry. The feeding or disposal of community or collected garbage shall not be deemed an agricultural use, nor shall the raising of fur-bearing animals, riding academies, livery or boarding stables or dog kennels be so considered.
- A public or private road which has neither a designated name nor postal address.
- See "STRUCTURAL ALTERATION".
- ANTIQUE SALES
- A retail establishment offering antiques for sale. An antique,
for the purposes of this Chapter, shall be a work of art, pieces of
furniture, decorative objects or the like, or belonging to the past,
at least thirty (30) years old.[Ord. No. 18-283, 12-18-2018]
- One (1) of two (2) or more units within a single structure with each unit containing one (1) or more rooms used as a single-family dwelling.
- A person trained in the art and science of planting, caring for and maintaining individual trees.
- A building housing an amusement place with pinball, skee ball, video games or similar activities.
- A number of solar panels or modules connected together in
a single structure. One (1) installation can have more than one (1)
array.[Ord. No. 20-038, 4-7-2020]
- A building or structure designed or intended for use of gathering
of people as an audience to hear music, lectures, plays and other
presentations. Shall not include a meeting facility.[Ord. No. 18-283, 12-18-2018]
- AUTOMOBILE SERVICE STATION
- Any place of business with pumps and underground storage
tanks, primarily engaged in the retail servicing of motor vehicles
with fuels and lubricants. Convenience stores with fuel pumps are
also regulated as automobile service stations. This definition shall
not include electric vehicle charging stations.[Ord. No. 20-102, 7-21-2020]
- 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" and Figure 2 following this Section.
- BED AND BREAKFAST
- A building having not more than six (6) guests, where travelers
for compensation are lodged for sleeping purposes and may be provided
a morning meal.[Ord. No. 19-191, 9-17-2019]
- Land generally surrounded on all sides by streets or other
physical barriers to the continuity of development. See "BLOCK" and
Figure 7 following this Section.[Ord. No. 18-231, 10-16-2018]
- BOARD OF ADJUSTMENT
- A body of persons which may determine and vary this Chapter in accordance with the rules contained in Sections 400.1060 et seq.
- BOARDING HOUSE
- A building occupied as a single housekeeping unit, where lodging or meals are provided for more than three (3) persons for compensation, pursuant to previous arrangements, but not for the public or transients; or a building occupied as a group home by more than three (3) persons, each of whom is either a recovering alcoholic or a recovering drug addict.
- Any device used or capable of being used for navigation on water.
- An industrial use that brews ales, beers, meads, and/or similar
beverages on site.[Ord. No. 18-283, 12-18-2018]
- BUILDABLE AREA
- The space remaining after the minimum open space requirements of these regulations have been complied with.
- Any structure, having a roof supported by columns or walls, for the housing or enclosure of persons, animals or properties. "Building" or "structure" includes any part thereof and "building" includes "structure". See also "STRUCTURE".
- BUILDING CONTRACTOR'S ESTABLISHMENT
- An establishment used for the indoor storage of equipment,
contractor vehicles or materials and may include the contractor's
business office.[Ord. No. 18-283, 12-18-2018]
- BUILDING, HEIGHT OF
- See "HEIGHT OF BUILDINGS".
- BUILDING INTEGRATED PHOTOVOLTAIC SYSTEM (BIPV)
- An active solar system that is an integral part of a principal
or accessory building, rather than a separate mechanical device, replacing
or substituting for an architectural or structural component of the
building. BIPVs include but are not limited to photovoltaic or hot
water solar systems that are contained within roofing materials, windows,
skylights, and awnings. PV shingles or tiles, PV laminates, and PV
glazing are all examples of BIPV.[Ord. No. 20-038, 4-7-2020]
- BUILDING LINE
- A line parallel to the street right-of-way line and distant
from it at least the minimum depth of the required front yard. See
Figure 1 following this Section.[Ord. No. 18-231, 10-16-2018]
- BUILDING-MOUNTED SOLAR ENERGY SYSTEM
- A solar energy system affixed to either a principal or accessory
structure.[Ord. No. 20-038, 4-7-2020]
- BUILDING, PRINCIPAL OR MAIN
- The building on a lot which houses the principal use of the lot.
- CAMPER SHELL
- Any unit primarily designed as temporary living quarters for recreation, camping, travel use or an enclosed space which is capable of being occupied and is attached or designed to be attached to the bed or frame of a truck or similar self-powered vehicle.
- CAR WASH
- A building or portion thereof, the primary purpose of which is that of washing motor vehicles.
- The portion of the building, partly underground, having half or more than half of its clear height below the average grade of the adjoining ground. See Figure 2 following this Section.
- CERTIFICATE OF APPROPRIATENESS
- A certificate issued by the HLPARB indicating its approval of plans for alteration or construction of a landmark or of a structure within a historic district or a certificate issued by the Planning and Zoning Commission indicating its approval of plans for construction of structures in areas outside the historic districts.
- CERTIFICATE OF DEMOLITION OR REMOVAL
- A certificate of appropriateness issued by the HLPARB authorizing the demolition or removal of a landmark or of a structure within a historic district.
- CERTIFIED ARBORIST
- An arborist certified by the International Society of Arboriculture (ISA). Certification requires a minimum of three (3) years experience and passing a comprehensive examination administered by ISA.
- A building principally used for religious purposes, which shall include, but not be limited to, rectories, parish houses, convents and monasteries, temples and synagogues.
- A building used by two (2) or more health practitioners or chiropractors for consulting and treating patients who are not lodged overnight in the building.
- CLOTHING DROP BOX
- A box, building, trailer or other receptacle that is intended for use as a collection point for donated clothing or other household materials at times when no employee or representative of the sponsoring company or organization is present to accept donations.
- CLUB, PRIVATE
- 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.
- COMMUNITY SERVICE ESTABLISHMENT
- An establishment whose sole activity is the provision of
assistance to individuals in need. Similar land uses permitted under
this category, include, but are not limited to; basic medical care,
legal aid, free food distribution, laundry facilities, job training,
clothing distribution, and other similar services. This use shall
not include temporary or permanent living facilities.[Ord. No. 17-072 § 1, 4-18-2017]
- COMPREHENSIVE PLAN
- A plan as defined by the State Statutes and State courts under State zoning laws.
- CONDITIONAL USE
- A use listed as such in this Chapter and which may be permitted in a specified district as set forth; such conditions shall be determined in each case by the terms of this Chapter with the recommendation of the Planning and Zoning Commission and approval of the City Council and in accordance with the procedures specified in Sections 400.980 et seq.
- CONDOMINIUM DEVELOPMENT
- Any development of property, pursuant to the provisions of Chapter 448, RSMo., which now exists or hereafter shall exist.
- CONGREGATE CARE FACILITY
- An establishment used as a dwelling place by the aged, infirm,
chronically ill or incurably afflicted persons in which not less than
eight (8) persons live or are provided for on the premises, for compensation.
Such facilities include nursing homes, skilled nursing facilities,
convalescent homes, rehabilitation facilities, assisted living, and
memory care but do not include similar facilities otherwise listed
or defined within this Chapter.[Ord. No. 15-069 §1, 4-21-2015]
- The erection, alteration, repair, renovation, demolition or removal of any building or structure; and the excavation, filling, grading and regulation of lots in connection therewith.
- CONTRACTOR'S EQUIPMENT
- The construction machinery, tools, derricks, hoists, scaffolds, platforms, runways, ladders and all material handling equipment safeguards and protective devices used in construction operations.
- CONVALESCENT HOME
- See "CONGREGATE CARE FACILITY".
- An open space around which is a single building or a group of related buildings.
- CURB LEVEL
- 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.
- DAY CARE FACILITY
- A place for reception, care, training or instruction of five (5) or more children, not of common parentage, residing therein, regardless of sex, under the age of eighteen (18) years, for compensation or otherwise, provided that nothing herein contained shall be construed as applying to the regularly established public or parochial schools, colleges, universities, academies or seminaries or other schools of institutions organized under and by virtue of the laws of the United States or the State of Missouri and under the supervision of the duly constituted authorities thereof. Examples of such uses include:
- DAY SPA
- A business establishment which provides personal care treatments such as massages, body wraps, aromatherapy, facial cleansing, manicures, pedicures and hair styling. A day spa is only visited for the duration of the treatment.
- The diameter of a tree at breast height which shall be measured at four and one-half (4½) feet above ground.
- Any act or process which destroys, in part or the majority of, any structure.
- DEMOLITION BY NEGLECT
- The omission of maintenance or repair to a structure which threatens to destroy that structure.
- The number of dwelling units erected or permitted on an acre of land.
- DESIGN GUIDELINE
- A standard of appropriate activity that will preserve the historic and architectural character of a structure or area.
- An industrial facility where liquor is manufactured, stored,
bottled, and sold in sealed containers at wholesale.[Ord. No. 18-283, 12-18-2018]
- An area designated by the City Council as an area in which only certain zoning regulations apply.
- A channel with or without a supporting ridge on the lower side constructed across or at the bottom of a slope.
- DOG KENNEL, COMMERCIAL
- A facility which houses, boards, breeds or trains three (3) or more dogs.
- A building devoted exclusively to living facilities, in which each person residing in each living unit shall be a duly registered student in any accredited school, college or university, the spouse of such student or a management employee. Such living facilities may contain sleeping rooms for use of one (1) or more persons, provided that there is at least one hundred fifty (150) square feet of floor space for the first (1st) occupant thereof and at least one hundred (100) additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area.
- Any waterway, ditch or course, either natural or artificial, which collects and drains surface water.
- A structure or facility which is used to provide service to a patron while seated in or on a vehicle.
- DWELLING, MULTIPLE-FAMILY
- A building containing three (3) or more dwelling units, but not including group living arrangements, hotels, motels, apartment hotels, rooming houses, boarding houses, nursing homes, town houses or row dwellings.
- DWELLING, ROW OR TOWN HOUSE
- A building containing three (3) or more dwelling units having no common entrances or hallways with each dwelling unit having a front and rear entrance.
- DWELLING, SINGLE-FAMILY
- A building containing only one (1) dwelling unit.
- DWELLING, TWO-FAMILY
- A building containing two (2) dwelling units, independent of each other.
- DWELLING UNIT
- One (1) 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.
- A designated parcel of land on, over or under which a liberty, privilege or advantage for use of land is dedicated and distinct from ownership of the land and granted either to the public, a particular person or firm or a combination of both.
- EFFICIENCY UNIT
- A dwelling unit consisting of one (1) room exclusive of bathroom, kitchen, hallway, closets or dining alcove directly off the principal room.
- ELECTRIC VEHICLE (EV) CHARGING STATION
- A public or private parking space that is served by battery-charging-station
equipment that has as its primary purpose the transfer of electric
energy (by conductive or inductive means) to a battery or other energy-storage
device in an electric vehicle.[Ord. No. 20-102, 7-21-2020]
- Construction or reconstruction of a building or structure including excavating, land filling, pouring concrete or cutting, forming or altering building materials on the lot where the building is located or is to be located.
- The wearing away of the land surface by the action of wind, water or gravity.
- ESSENTIAL SERVICES
- The erection, construction, alteration or maintenance by public utilities, governmental departments or commissions of underground, surface or overhead gas, communication, electrical, steam, fuel or water transmission or distribution systems, sewers, pipes, conduits, cable, fire alarm and police call boxes, traffic signals, hydrants and similar accessories in connection therewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities, governmental departments or commissions for the general public health, safety, convenience or welfare.
- An economic unit where business is conducted or services or industrial operations performed.
- EXCAVATION OR CUT
- The removal, stripping or disturbance of soil, earth, sand, rock, gravel or other similar substances from the ground.
- EXEMPTED QUANTITY
- For each hazardous substance, a weight less than the Final Reportable Quantity listed on the U.S. Environmental Protection Agency's List of Hazardous Substances, 40 CFR 302.4. For each extremely hazardous substance, a weight less than the Reportable Quantity listed on the U.S. Environmental Protection Agency's List of Extremely Hazardous Substances, 40 CFR 355, Appendix A. For any liquid petroleum product not listed as a hazardous or extremely hazardous substance, a quantity of sixty (60) gallons or less. Where regulated substances are dissolved in or mixed with other non-regulated substances, only the actual quantity of the regulated substance present shall be used to determine compliance with the provisions of this Chapter. The exempted quantity shall be measured as the total quantity of that substance per facility at any one (1) time.
- EXTERIOR ARCHITECTURAL APPEARANCE
- The architectural character and general composition of the exterior of a structure including, but not limited to, the kind, color and texture of the building material and the type, design and character of all windows, doors, light fixtures, signs and appurtenant elements.
- EXTERIOR ARCHITECTURAL FEATURE
- Decoration or supporting member of a structure, such as porches, porch rails, brackets, cornices, which display accoutrements or characteristics of a special architectural style or school.
- EXTREMELY HAZARDOUS SUBSTANCE
- See "REGULATED SUBSTANCE".
- All buildings, equipment, structures and other stationary items that are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person (or by any person which controls, is controlled by or under common control with such person). The term "facility" shall include manmade structures in which chemicals are purposefully placed or removed through human means such that it functions as a containment structure for human use. For the purposes of Section 400.320 Wellhead Protection District, the term includes motor vehicles, rolling stock and aircraft.
- One (1) or more persons who are related by blood, marriage or adoption, living together and occupying a single housekeeping unit with single kitchen facilities or a group of persons living together and occupying a single housekeeping unit with single kitchen facilities, of which group no person shall be unrelated to more than two (2) persons in the group or any group of people related by blood, marriage or adoption and one (1) other unrelated person.
- A tract of land used for agricultural activities having thereon an agricultural use.
- An artificially constructed barrier erected to enclose, divide or screen areas of land. Ornamental dividers of plastic, chains, posts or like materials erected along driveway or sidewalks shall not be considered a fence.
- The depositing or dumping of any matter on or into the ground, except the deposits resulting from common household gardening or deposits on farms for agricultural use.
- FILLING STATION
- See "AUTOMOBILE SERVICE STATION".
- FLOOR AREA
- The square feet of floor space within the perimeter formed by the inside surface of exterior walls and including the total of all floor space on all stories of a building including a finished basement. It does not include porches, garages, cellars, utility areas, unfinished attics, accessory buildings or space in a basement, when such space is used for storage or incidental uses.
- FLOOR AREA RATIO
- The total square feet of floor area in a structure divided by the total square feet of land area in the lot or tract on which the structure is located. See Figure 3 following this Section.
- FRATERNITY HOUSE
- A building used as group living quarters for students of
a college, university or seminary, who are members of a fraternity/sorority
that has been officially recognized by the college, university or
seminary. See also "sorority house."[Ord. No. 18-283, 12-18-2018]
- All property on one (1) side of a street between two (2) intersecting streets (crossing or terminating) measured along the right-of-way 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.
- GARAGE, PARKING
- A building or portion thereof, except a private garage, providing parking and/or storage for motor vehicles.
- GARAGE, PRIVATE
- An accessory building for parking or storage of motor vehicles.
- A machine that converts mechanical energy into electrical energy. A generator may be permanently installed on the site on which it is to serve.
- GRADE ELEVATION
- The elevation determined by averaging the elevations of the finished ground at all the corners of the perimeter walls of the building.
- Any excavation or filling or combination thereof.
- A visual barrier composed of evergreen plants, trees and grass arranged to form both a low level and a high level screen. No dedicated right-of-way shall be used as a part of any greenbelt.
- GROUND-MOUNTED SOLAR ENERGY SYSTEM
- A solar energy system that is not attached to a structure
and is affixed to the ground.[Ord. No. 20-038, 4-7-2020]
- GROUND-SOURCE HEAT PUMP SYSTEM
- A system that uses the relatively constant temperature of
the earth to provide heating in the winter and cooling in the summer.[Ord. No. 20-103, 7-21-2020]
- GROUND-SOURCE HEAT PUMP SYSTEM, CLOSED-LOOP
- A system that circulates a heat transfer fluid, typically
food-grade antifreeze, through pipes or coils buried beneath the land
surface.[Ord. No. 20-103, 7-21-2020]
- GROUND-SOURCE HEAT PUMP SYSTEM, HORIZONTAL
- 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 twenty (20) feet below the surface.[Ord. No. 20-103, 7-21-2020]
- GROUND-SOURCE HEAT PUMP SYSTEM, OPEN-LOOP
- A system that uses ground water as a heat transfer fluid
by drawing ground water from a well to a heat pump and then discharging
the water over land, directly in a water body or into an injection
well.[Ord. No. 20-103, 7-21-2020]
- GROUND-SOURCE HEAT PUMP SYSTEM, VERTICAL
- A closed-loop ground-system heat pump where the loops or
coils are installed vertically in one (1) or more borings below the
land surface.[Ord. No. 20-103, 7-21-2020]
- GROUND WATER
- Underground water which is at an elevation below the water table and within the zone of saturation.
- GROUP LIVING ARRANGEMENT
- A facility for the care or treatment of persons under supervision either for or not for compensation. "Group living arrangements" include, but are not limited to the following:
- 1. GROUP CARE HOME FOR MENTALLY HANDICAPPED CHILDREN: A facility which provides care, treatment or custody for four (4) to nine (9) mentally handicapped children under the age of sixteen (16) years and affords the opportunity for utilization of community educational, recreational and health facilities and which is licensed as a group care home under Chapter 202, RSMo.
- 2. GROUP HOME FOR FOSTER CARE: Any private residence licensed by the Division of Family Services or Department of Mental Health to provide foster care to one (1) or more but less than seven (7) children who are unrelated to either foster parent by blood, marriage or adoption.
- 3. GROUP HOME FOR MENTALLY OR PHYSICALLY HANDICAPPED: Any home in which eight (8) or fewer 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.
- 4. RESIDENTIAL CARE FACILITY: A residential institution, whether operated for profit or not, which provides personal care, custody or treatment for five (5) or more individuals not related to the operator, who, for reasons of illness, mental handicap, advanced age or physical handicaps, are unable to care for themselves.
- GUEST HOUSE
- A building arranged or used for lodging for compensation, with or without meals, and not occupied as a single-family or two-family unit.
- HALFWAY HOUSE
- A residential facility primarily for persons who have been institutionalized for various reasons and released and require the temporary protection of a group setting to facilitate the transition to society.
- HALFWAY HOUSE FOR YOUNG OFFENDERS
- A not-for-profit institution which primarily serves individuals between the ages of seventeen (17) and twenty-five (25) who have not been imprisoned (except for "shock probation" terms) and have not been convicted of adult or juvenile violent crimes (as defined by the Missouri Department of Corrections), which has twenty-four (24) hour on-duty staff and which is designed to provide an alternative to prison for young offenders.
- An announcement of an activity printed on paper and intended to be "handed out".
- HAZARDOUS SUBSTANCE
- See "REGULATED SUBSTANCE".
- HEIGHT OF BUILDINGS
- The vertical distance measured from the highest of the following three (3) levels:
- HISTORIC DISTRICT
- An area designated as a historic zoning district overlay by an ordinance of the City Council and which may contain within definable geographic boundaries one (1) or more landmarks and which may have within its boundaries other properties or structures which, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located within the historic district.
- HISTORIC LANDMARKS PRESERVATION AND ARCHITECTURAL REVIEW BOARD
- A body of persons which shall have only those powers granted to them by the Code of Ordinances of the City of St. Charles, Missouri, including the power to review, inspect, investigate and study any site, building or historical structure which is a historical or architectural landmark, in accordance with this Code of Ordinances. Whenever the term "HLPARB" is used in this Chapter, such words shall mean the Historic Landmarks Preservation and Architectural Review Board.
- The St. Charles Historic Landmarks Preservation and Architectural Review Board.
- HOME OCCUPATION
- An occupation which is incidental and secondary to the use of the premises for dwelling purposes. See Section 400.430.
- HOMELESS SHELTER
- See "TEMPORARY SHELTER".
- A building having room facilities for overnight medical patients, a staff of physicians and nurses, surgical facilities and other related services.
- HOTEL, MOTEL, MOTOR COURT OR MOTOR LODGE
- A building or group of buildings containing six (6) or more guest rooms in which lodging or accommodation is offered to the public for compensation and is provided to transients. Such building or group of buildings may include restaurants, taverns or club rooms, public banquet halls, ballrooms and meeting rooms as subordinate uses.
- INDOOR FIREARM RANGE
- Any rifle, pistol, silhouette, skeet, trap, blackpowder or similar range located inside a completely enclosed facility used for discharging firearms in a sporting event or for practice or instruction in the use of a firearm.
- INTENSITY OF USE
- The level of activity, number of persons residing or employed on the premises, percent of open space occupied or amount of floor space or land occupied by a particular land use at a specific address or location.
- IN-VEHICLE SALES/SERVICE
- Land uses which perform sales and/or services to persons
in vehicles or to vehicles which may be occupied at the time of such
activity. Such land uses often have traffic volumes which exhibit
their highest levels concurrent with peak traffic flows on adjacent
roads. Examples of such land uses include drive-in, drive-up and drive-through
facilities, vehicular fuel stations and all forms of car washes but
shall not include electric vehicle charging stations.[Ord. No. 18-283, 12-18-2018; Ord. No. 20-102, 7-21-2020]
- Shall include but not be limited to, old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.
- JUNK YARD
- An establishment, area, or place of business maintained, operated, or used for the storing, keeping, buying, or selling of junk or for the operation of an automobile graveyard, garbage dump or sanitary fill.
- A building or portion thereof devoted exclusively to experimental, applied or basic research and development or for testing and analysis.
- Land used or intended to be used, let, leased, rented or sold as a site for final disposal or deposition of solid or liquid waste, which conforms with State Statutes governing sanitary landfills.
- A property or structure designated as a "landmark" by ordinance of the City Council, pursuant to procedures prescribed herein, which is worthy of rehabilitation, restoration and preservation because of its historic and/or architectural significance. Also a property or structure designated as a "landmark" by the Landmarks Board, pursuant to City ordinances, prior to the enactment of this Chapter.
- LANDMARKS BOARD
- The Historic Landmarks Preservation and Architectural Review Board.
- A building or a part thereof where clothes or household articles are cleaned and/or dried in self-service, coin-operated machines.
- LAUNDRY OR DRY CLEANING ESTABLISHMENT
- A building or part thereof wherein employees provide a service of washing, cleaning, drying and/or ironing clothes or other articles.
- LIMIT OF DISTURBANCE
- A line showing the limit of construction, grading or excavation activity. This line will typically delineate the tree preservation area.
- LIQUID PETROLEUM PRODUCT
- See "REGULATED SUBSTANCE".
- LOADING SPACE
- An off-street space within the main building or on the same lot providing for the standing, loading or unloading of vehicles.
- A parcel of land under common ownership, described as one (1) unit of land, except land used as a farm.
- LOT AREA
- The total square footage within the lot lines. For lots fronting or lying adjacent to private streets, the lot area shall be interpreted to mean that area within the lot lines separating the lot from the private street and not the centerline of such street.
- LOT, CORNER
- A lot bordering on two (2) streets which intersect. See Figure 4 following this Section.
- LOT COVERAGE
- The part or percent of the lot occupied by buildings or structures including accessory buildings or structures. See also "FLOOR AREA RATIO" and "BUILDABLE AREA".
- LOT DEPTH
- The average distance between the front and rear lot lines. See Figure 4 following this Section.
- LOT, DOUBLE FRONTAGE
- A lot, other than a corner lot, which has frontage on two (2) streets. See Figure 4 following this Section.
- LOT, INTERIOR
- Any lot other than a corner lot. See Figure 4 following this Section.
- LOT LINE, FRONT
- The line separating the lot from the right-of-way of the street on which it fronts. See Figure 4 following this Section.
- LOT LINE, REAR
- The lot line opposite and most distant from the front lot line. On a corner lot, only one (1) lot line shall be considered a rear lot line. See Figure 4 following this Section.
- LOT LINE, SIDE
- Any lot line other than a front or rear lot line. See Figure 4 following this Section.
- LOT OF RECORD
- A lot shown upon a plan of a subdivision or upon a plat, which is attached or to which reference is made, in a deed described by metes and bounds or in a deed recorded in the office of the Recorder of Deeds of the County.
- LOT WIDTH
- The distance between side lot lines measured along the building line. See Figure 4 following this Section.
- MAJOR THOROUGHFARE
- A street delineated on the land use plan and major streets plan map adopted by the City Council.
- MANUFACTURED HOME (MOBILE HOME)
- A factory-built structure as defined in Chapter 700, RSMo., which displays a seal issued by the Public Service Commission, U.S. Department of Housing and Urban Development or its agent to evidence compliance with the Code.
- MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
- A facility licensed by the State of Missouri Department of
Health and Senior Services, or its successor agency, to acquire, store,
manufacture, transport, and sell marijuana-infused products to a medical
marijuana dispensary facility, a medical marijuana testing facility,
or to another medical marijuana-infused products manufacturing facility.[Ord. No. 19-118, 5-21-2019]
- A place for docking pleasure boats or providing services to pleasure boats and the occupants thereof.
- MATERIALS RECOVERY FACILITY
- A waste transfer facility at which solid waste is collected and sorted for the purpose of resource recovery, but shall not include a trash transfer station which collects solid waste for transport to a landfill. For the purposes of Section 400.320, Wellhead Protection District, a materials recovery facility is a facility that only accepts, sorts, or distributes non-hazardous recyclable construction or demolition waste within an enclosed building, and may include sorting, packaging and storage of material within sealed containers on the premises.[Ord. No. 18-013, 1-16-2018]
- MEDICAL MARIJUANA CULTIVATION FACILITY
- A facility licensed by the State of Missouri Department of
Health and Senior Services, or its successor agency, to acquire, cultivate,
process, store, transport, and sell marijuana to a medical marijuana
dispensary facility, medical marijuana testing facility, or to a medical
marijuana-infused products manufacturing facility.[Ord. No. 19-118, 5-21-2019]
- MEDICAL MARIJUANA DISPENSARY FACILITY
- A facility licensed by the State of Missouri Department of
Health and Senior Services, or its successor agency, to acquire, store,
sell, transport and deliver marijuana, marijuana-infused products
and drug paraphernalia used to administer marijuana as provided for
in this Section 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.[Ord. No. 19-118, 5-21-2019]
- MEDICAL MARIJUANA FACILITY
- A medical marijuana cultivation facility, marijuana-infused
products manufacturing facility, medical marijuana testing facility
or medical marijuana dispensary facility, or any combination thereof,
or any business related to the possession, sale, use, cultivation
or manufacture of marijuana.[Ord. No. 19-118, 5-21-2019]
- MEDICAL MARIJUANA TESTING FACILITY
- A facility certified by the State of Missouri Department
of Health and Senior Services, or its successor agency, to acquire,
test, certify, and transport marijuana.[Ord. No. 19-118, 5-21-2019]
- MEETING FACILITY
- A building designed for public assembly. This shall include
wedding chapels, banquet halls, convention centers; however, shall
not include auditoriums.[Ord. No. 18-283, 12-18-2018]
- A business whose primary activity is the brewing and selling
of beer with an annual production of ten thousand (10,000) barrels
or less. A microbrewery may sell beer by the drink for consumption
on the brewery premises, in the original package for off-premises
consumption and to duly licensed wholesalers subject to applicable
State liquor laws.[Ord. No. 13-231 §1, 11-19-2013]
- MINIMUM MAINTENANCE
- The minimum regulations governing the conditions and maintenance of all existing structures, as set out in the International Property Maintenance Code, as published by the International Code Council, Inc., and adopted by reference, with certain amendments thereto, by the City Council of the City, as such Existing Structures Code shall be amended from time to time by the City.
- MOBILE HOME PARK
- Land used or intended to be used, let, leased, rented or sold for occupancy by two (2) or more manufactured homes (mobile homes).
- MOTOR VEHICLE REPAIR
- General repair, engine rebuilding, rebuilding or reconditioning of motor vehicles.
- NEIGHBORHOOD HEALTH AND FITNESS CENTER
- A commercial establishment of three thousand (3,000) square feet or less, whose primary purpose is to provide facilities for individual physical health activities such as aerobic exercise, running and jogging, use of exercise equipment, saunas, showers and lockers, but are not open for business between the hours of 10:00 P.M. and 6:00 A.M.
- NON-CONFORMING LOT
- A lot which does not meet the minimum design standards for the zoning district in which it lies but which existed at the time of the adoption of the zoning ordinance or at the time of the rezoning of the property or which was diminished by the exercise of the power of eminent domain or under the threat of use of the power of eminent domain in the acquisition of land by any public authority having such power.
- NON-CONFORMING STRUCTURE
- A structure which does not meet the minimum design standards for structures in the zoning district in which it lies but which existed at the time of the adoption of the zoning ordinance or at the time of the rezoning of the property or which was diminished by the exercise of the power of eminent domain or under the threat of use of the power of eminent domain in the acquisition of land by any public authority having such power.
- NON-CONFORMING USE
- The lawful use of land or a building or a portion thereof, which use does not conform with the use regulations of the district in which it is located and which use existed at the time of the adoption of this Chapter or as a result of subsequent amendments of this Chapter or which use does not conform as a result of the exercise of the power of eminent domain or under the threat of use of the power of eminent domain in the acquisition of land by any public authority having such power. See Sections 400.750 et seq.
- An area or establishment devoted to the raising and care of trees, shrubs or similar plant materials.
- A room or group of rooms used for conducting the affairs
of a business, profession, service industry or government. Land uses
including, but not limited to, accounting agencies, data processing
centers, insurance agencies, real estate office and medical offices.[Ord. No. 18-283, 12-18-2018]
- OWNER OF RECORD
- The person, corporation or other legal entity listed as owner on the records of the County Recorder of Deeds.
- PARKING LOT
- 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 (2) automobiles, but excluding display or storage of vehicles for sale or rent.
- PARKING SPACE
- A paved area permanently reserved for the temporary parking of one (1) motor vehicle, located within either a private or public parking area and connected to a street, alley or other designated roadway by a surfaced aisle or driveway. The dimensions and layout of parking spaces and aisles shall be in accordance with the requirements set forth in Section 400.700(B) Parking Dimensions.
- PARKING WELL
- A paved parking area where each parking space has direct access to a public or private street.
- PAVED SURFACE AREA
- 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.
- PHOTOVOLTAIC (PV) SYSTEM
- An energy system that converts sunlight into electrical energy.[Ord. No. 20-038, 4-7-2020]
- PLANNED DEVELOPMENT DISTRICT (PD)
- A single parcel or contiguous parcels of land to be planned and developed as a single entity in accordance with an overall design plan which may or may not have a mixture of land uses.
- PLANNED UNIT DEVELOPMENT (PUD)
- See "PLANNED DEVELOPMENT DISTRICT (PD)".
- PLANNING AND ZONING COMMISSION
- A body of persons who recommends the boundaries of zoning districts and determines appropriate requirements relative to site plan review in accordance with the rules contained in Sections 400.970 et seq.
- A lot, together with all buildings and structures thereon.
- PRIVATE DINING SERVICE
- A private dining service (hereinafter "service") is a service that prepares and serves meals for payment to eight (8) or less persons at any one (1) meal in a private residence pursuant to contract or similar pre-arranged agreement. The service shall only be provided by the property owner, occupant or family members thereof who reside in the residence. The service shall not be offered to the general public and shall only be offered between the hours of 7:00 A.M. and 7:00 P.M. No extraordinary food storage or preparation equipment shall be installed in the residence for the service. All meals served at a service shall be prepared on-site. A service shall not provide more than one (1) meal in any twenty-four (24) hour period and the duration of the mean shall not exceed three (3) hours.
- PUBLIC BUILDING
- A building or part thereof owned or leased and occupied and used by an agency or political subdivision of the Federal, State or local government.
- PUBLIC RIGHT-OF-WAY
- The area on, below or above a public roadway, highway, street or alleyway in which the political subdivision has an ownership interest, but not including:
- 1. The airwaves above a public right-of-way with regard to cellular or other non-wire telecommunications or broadcast service;
- 2. Easements obtained by utilities or private easements in platted subdivisions or tracts;
- 3. Railroad rights-of-way and ground utilized or acquired for railroad facilities; or
- 4. Poles, pipes, cables, conduits, wires, optical cables, or other means of transmission, collection or exchange of communications, information, substances, data, or electronic or electrical current or impulses utilized by a municipally owned or operated utility pursuant to Chapter 91, RSMo., or pursuant to a charter form of government.
- PUBLIC WATER AND SEWER SYSTEMS
- A water or sewer system owned and operated by a municipality or County or owned and operated by a private individual or a corporation approved by the City Council and properly chartered and certified by the appropriate State agency and subject to special regulations as herein set forth.
- RECOGNIZED NEIGHBORHOOD REVIEW GROUPS
- An incorporated not-for-profit corporation established under the laws of Missouri and acting pursuant to the powers set forth in this Article.
- RECREATIONAL USES, INDOOR
- An establishment whose main purpose is to provide the general
public with indoor commercial recreational activities. Such uses include,
but are not limited to, bowling alleys, batting cages, gymnasiums,
fitness centers, health spas, and indoor skating rinks. This use shall
not include archery ranges.[Ord. No. 18-283, 12-18-2018]
- RECREATIONAL USES, OUTDOOR
- An establishment whose main purpose is to provide the general
public with outdoor commercial recreational activities. Such uses
include, but are not limited to, baseball diamonds, tennis courts,
outdoor skating rinks, and golf driving ranges.[Ord. No. 18-283, 12-18-2018]
- RECREATIONAL VEHICLE
- Any unit primarily designed as temporary living quarters for recreation, camping or travel use which either contains its own motive power as in the case of, but not limited to, motor homes, motor coaches, mini-motor homes or recreational vans or is permanently mounted on a vehicle such as, but not limited to, a truck camper or pickup camper.
- REGIONAL COMMERCIAL USE
- A center planned, constructed, zoned and managed as a single
entity which provides services to and pulls from a regional marketplace.
Centers may include more than one (1) structure. Such uses include,
but are not limited to, universities, hospitals, and shopping centers.[Ord. No. 18-283, 12-18-2018]
- REGULATED SUBSTANCE
- Any hazardous substances, extremely hazardous substances or liquid petroleum products which are more particularly defined as follows:
- 1. Extremely hazardous substance. Any substance so designated by the U.S. Environmental Protection Agency on their official "List of Extremely Hazardous Substances", 40 CFR 355 Appendix A, as last amended, and which is either a solid (including granular and gel) or liquid at room temperature.
- 2. Hazardous substance. Any substance so designated by the U.S. Environmental Protection Agency on their official "List of Hazardous Substances", 40 CFR 302.4, as last amended, and which is either a solid (including granular and gel) or liquid at room temperature.
- 3. Liquid petroleum product. Any flammable liquid hydrocarbon product refined from bituminous materials including, but not limited to, gasoline, diesel fuel, benzene, toluene, lubricants for internal combustion engines, home heating oil, kerosene, creosote, coal oil and naphtha.
- Any relocation of a structure on its site or to another site.
- Any change that is not construction, removal or alteration.
- A structure in which the principal use is the preparation
and sale of food and beverages.[Ord. No. 18-283, 12-18-2018]
- The selling of goods, wares, merchandise and/or services
directly to the ultimate consumer or persons. Retail uses shall include,
but not be limited to, hobby shops, garden shops, bakeries, grocery
stores and home improvement centers. However, shall not include secondhand
sales or wholesale.[Ord. No. 18-283, 12-18-2018]
- ROOF-MOUNTED SOLAR ENERGY SYSTEM
- A solar energy system affixed to the roof of either a principal
or accessory structure.[Ord. No. 20-038, 4-7-2020]
- ROOM TEMPERATURE
- A temperature between sixty degrees Fahrenheit (60°F) (15.6°C) and seventy-eight degrees Fahrenheit (78°F) (25.6°C).
- SAW MILL
- A facility where logs are sawn, split, shaved, stripped,
chipped, or otherwise processed to produce wood products.[Ord. No. 18-283, 12-18-2018]
- SECONDHAND SALES
- A business with more than twenty-five percent (25%) of its inventory which is not in new condition and are sold either by consignment or direct sale and are not otherwise regulated by the zoning ordinance such as vehicles.
- SENIOR HOUSING FACILITY
- A premises consisting of age-restricted dwelling units designed
especially for and occupied exclusively by persons fifty-five (55)
years of age and older who are in good health and do not require medical
or skilled nursing. In the case of individuals residing together either
by marriage or domestic partnership, at least one (1) of the residents
must be fifty-five (55) years of age or older. Such facilities include
independent living apartments, senior apartments, retirement homes,
or similar uses but do not include assisted living, memory care, nursing
homes, skilled nursing facilities, convalescent homes, rehabilitation
facilities, hospitals, Congregate Care Facilities or any other uses
which provide medical care to residents or other uses listed or defined
elsewhere within this Chapter.[Ord. No. 15-069 §1, 4-21-2015]
- Any establishment whose primary activity is the provision
of assistance, as opposed to products, to individuals, business, industry,
government and other enterprises. Such uses include, but are not limited
to, barber shops, hair and nail salons, morticians/funeral homes,
printing establishments, tailors and dressmaking.[Ord. No. 18-283, 12-18-2018]
- SERVICE STATION
- See "AUTOMOBILE SERVICE STATION".
- Is always mandatory; MAY: Is permissive.
- SHELTER, HOMELESS
- See "TEMPORARY SHELTER".
- SHIPPING CONTAINER
- A portable storage container designed and manufactured according
to specifications from the International Standards Organization (ISO)
as a standard, reusable vessel intended to be loaded on a truck, rail
car or ship, used primarily for shipping goods.[Ord. No. 16-266 §1, 12-20-2016]
- SHIPPING CONTAINER HOME
- A dwelling constructed of one (1) or more shipping containers
that have been modified for residential use.[Ord. No. 16-266 §1, 12-20-2016]
- SHIPPING CONTAINER STRUCTURE
- A structure constructed of one (1) or more shipping containers.[Ord. No. 16-266 §1, 12-20-2016]
- SHORT TERM RENTAL
- A rental of any legally permitted dwelling unit, or a portion
of such a legally permitted dwelling unit, located in a single-family,
two-family or multi-family zoning district for a period of less than
thirty (30) consecutive calendar days, does not serve meals, and is
in compliance with the terms of this Chapter.[Ord. No. 19-198, 10-1-2019]
- SHORT TERM RENTAL PROPERTY
- The property on which a short term rental is located.[Ord. No. 19-198, 10-1-2019]
- A residence which is integrated with or connected to a personal
workshop or storage space that is generally constructed of seam metal
and provides residential style doors and windows along the primary
frontage.[Ord. No. 20-065, 5-19-2020]
- Same as "TRACT".
- SITE PLAN
- A drawing illustrating a proposed development and prepared in accordance with the specifications outlined in this Chapter.
- SMALL WIND-ENERGY SYSTEM
- A structure designed for the purpose of converting wind energy
into electrical energy to reduce on-site consumption of utility power
with a turbine size no greater than 100 kilowatts (kW).[Ord. No. 20-103, 7-21-2020]
- SOLAR ENERGY SYSTEM
- A structure designed for the purpose of collecting and transforming
solar energy into thermal or electrical energy. Solar energy systems
may include photovoltaic or solar thermal systems.[Ord. No. 20-038, 4-7-2020]
- SOLAR THERMAL SYSTEM
- A solar energy system that uses sunlight to produce heat
that is used for space heating and cooling, domestic hot water, and
heating pool water.[Ord. No. 20-103, 7-21-2020]
- SOLID WASTE
- Garbage, refuse and other discarded materials including, but not limited to, solid and semi-solid waste materials resulting from industrial, commercial, agricultural, governmental and domestic activities, but does not include hazardous waste as defined in Sections 260.360 to 260.432, RSMo., recovered materials, overburden, rock, tailings, matte, slag or other waste material resulting from mining, milling or smelting.
- SORORITY HOUSE
- See "fraternity house."[Ord. No. 18-283, 12-18-2018]
- SPECULATIVE SHOPPING CENTER
- A building or group of buildings constructed for multiple tenants with no formal commitment from the end users of the finished product.
- STABLE, PRIVATE
- An accessory building, not related to the ordinary operation of a farm, for the housing of horses or mules owned by a person living on the premises and which horses or mules are not for hire or sale.
- STABLE, PUBLIC
- Any stable for the housing of horses or mules operated for remuneration, hire, sale or stabling, whether or not the horses or mules are owned by persons residing on the premises.
- STOP WORK ORDER
- Notice to the owner or occupant of a building or structure from the Director of Community Development or designee that work on any building or structure is being contrary to the laws of the City and that such work or action shall stop immediately.
- That portion of a building included between the surface of any floor and the surface of the floor above it or, if there is not a floor above it, then the space between such floor and the ceiling.
- STORY, GROUND
- The lowest story of a building, the floor of which is not more than twelve (12) inches below the ground level. A basement shall be counted as a story if its ceiling is over five (5) feet above the level from which the height of the building is measured or if it is used for purposes other than storage. See Figure 5 following this Section.
- STORY, HALF
- A partial story under a gable, hip or gambrel roof, the wall plates of which, on at least two (2) opposite exterior sides, are not more than two (2) feet above the floor of such story.
- A public or private thoroughfare which affords the principal means of access to abutting properties.
- STREET, CENTERLINE
- The centerline of a street shall mean the centerline thereof as shown in any of the official records of the County or the City or as established by the City Engineer or by the State. If no such centerline has been established, the centerline of a street shall be a line lying midway between the side lines of the right-of-way thereof.
- STREET, PRIVATE
- A street not dedicated to public use.
- STREET, PUBLIC
- A street accepted by dedication or otherwise by the City Council.
- STREET RIGHT-OF-WAY LINE
- The line separating a lot, tract or parcel of land from a contiguous street right-of-way. See Figure 6 following this Section.
- STRUCTURAL ALTERATION
- 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 and/or any substantial change in the roof of a building.
- Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground including, but without limiting the generality of the foregoing, buildings, fences, mobile homes, signs, billboards, telecommunication towers, gazebos, sheds, swimming pools and backstops for tennis courts. See also "BUILDING".
- SUBDIVISION REGULATION
- Regulations as adopted by the City Council regulating the sub-division of the land as set forth in Chapter 405 of this Code of Ordinances.
- SWIMMING POOL
- Any portable pool or permanent structure containing a body of water twenty-four (24) inches or more in depth or two hundred fifty (250) square feet or more of water surface area and intended for recreational purposes.
- TELECOMMUNICATIONS TOWER
- A self-supported structure of at least thirty (30) feet, other than a building, water tower or water tank, which supports communication (transmit or receive) equipment utilized by commercial, governmental or other public and quasi-public users. This does not include private home use of satellite dishes and television antennas, or amateur radio operators as licensed by the Federal Communications Commission.
- TEMPORARY ENCLOSURE
- A temporary structure used in conjunction with and located
on the same property as a permitted use without any foundation or
footing and with walls and a roof constructed of heavy hard-wearing
waterproof fabric made of canvas or similar material coated with tar,
wax or paint for outdoor use as a protective covering against wind,
moisture and other elements.[Ord. No. 15-040 §1, 2-17-2015]
- TEMPORARY SHELTER
- A residential facility that primarily provides temporary housing with accommodations for three (3) or more people for little or no financial compensation and that is operated in a manner that provides staff supervision and other support services. The length of time that such persons may stay at the shelter may be indefinite but is not intended to be permanent.
- TEMPORARY TENT
- A temporary structure without any foundation or footing that is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
- The total area of a parcel, site, lot or ownership of land upon which development or land disturbance is proposed irrespective of the actual limits or size of the proposed development or land disturbance activity.
- Any vehicle designed or utilized for the transportation of a boat, auto, snowmobile or similar items or as temporary living quarters for recreation, camping or travel use, such as, but not limited to, a travel, tent, camp, pop-up or fifth wheel trailer, which does not have motive power of its own, but is designed to be drawn by another vehicle.
- Any person who occupies any rooms or accommodations within
a short term rental property for a period of less than thirty (30)
continuous days.[Ord. No. 19-198, 10-1-2019]
- TRASH TRANSFER STATION
- A facility at which municipal solid waste is unloaded from
small collection vehicles and loaded onto a larger means of transport
for hauling.[Ord. No. 18-013, 1-16-2018]
- A woody plant that grows mostly upright as a single stem (rarely multi-stem) that may eventually attain a height of fifteen (15) feet or more.
- TREE BANK
- An account set up within the City financial system that will accept payments from tree replacement assessments imposed by the City tree ordinance or other sources that may arise. The tree bank funds shall be used to plant trees and maintain trees on public property within the City.
- TRUCK STOP
- A facility intended to provide services to the trucking industry,
including, but not limited to, the following activities: dispensing
fuel, repair shops, automated washes and restaurants, all as part
of the facility.[Ord. No. 18-283, 12-18-2018]
- TURBINE HEIGHT
- Equal to the distance from the average grade at the base
of the tower to the top of the tower structure plus the length of
one (1) blade oriented vertically from its mounting point. Any overlap
distance between the top of the tower and the mounting point of the
blade, or with any other appurtenances, shall be excluded from the
calculation.[Ord. No. 20-103, 7-21-2020]
- The purpose for which land or premises or a building thereon is designed, arranged or intended or for which it is occupied or maintained, let or leased.
- USE, PERMITTED
- A use which is permitted in the zoning district in which it is located.
- UTILITY ROOM
- A room or space, located other than in the basement, specifically designed and constructed to house any home utilities, such as major home appliances (furnace, water heater, pump).
- Relief from or variation of the provisions of these regulations, other than use regulations, and as applied to a specific piece of property, as distinct from rezoning, as further set out hereinafter in Sections 400.1060 et seq.
- A place for the storage of merchandise or commodities.
- WAREHOUSE, MINI
- A building containing individual storage areas which may be rented or leased for a period of time.
- WARMING AND COOLING CENTER
- A building or portion thereof which is not designed for lodging and is operated for the purpose of sheltering persons from the elements for brief periods (not to exceed twenty-four (24) hours) during any twenty-four (24) hour period. A warming and cooling center may provide shelter, meals and other incidental resources for not less than three (3) persons at nominal or no cost and is operated during periods of extreme cold or hot weather under staff supervision. The length of time a person may be sheltered shall not exceed the duration of the extreme cold or hot weather. For purposes of this definition, extreme cold weather shall be defined as any given day with a forecast low temperature below thirty-two degrees Fahrenheit (32°F) and extreme hot weather shall be defined as any given day with a forecast high temperature above ninety degrees Fahrenheit (90°F).
- WHOLESALE ESTABLISHMENTS
- An establishment or place of business primarily engaged in
selling and/or distributing merchandise to retailers; to industrial,
commercial, institutional or professional business users, or to other
wholesalers; or acting as agents or brokers and buying merchandise
to, such individuals or companies. This is not considered retail.[Ord. No. 18-283, 12-18-2018]
- A processing plant used for the commercial purpose of processing
grapes, other fruit products or vegetables to produce wine or similar
spirits. Processing includes wholesale sales, crushing, fermenting,
blending, aging, storage, bottling, administrative office functions
for the winery and warehousing. Retail sales, tasting and a restaurant
may be permitted as part of a winery function.[Ord. No. 18-283, 12-18-2018]
- An open space on a lot, which space is unoccupied and unobstructed from the ground upward, except as otherwise provided in this Chapter.
- YARD, FRONT
- A yard extending across the full width of the lot and lying between the front lot line and the nearest part of the building or use. See Figure 6 following this Section.
- YARD MEASUREMENT
- In measuring a yard, the building line shall be deemed to mean a line parallel to the lot line drawn through the point of a building or the point of a group of buildings nearest to such lot line. This measurement shall be taken at the right angles from the building line to the nearest lot line.
- YARD, REAR
- A yard extending across the full width of the lot and lying between the rear lot line and the nearest part of the building or use. See Figure 6 following this Section.
- YARD, SIDE
- A yard lying between a side lot line and the nearest part
of the building or use and the area remaining between the front and
rear yard. See Figure 6 following this Section.[Ord. No. 18-231, 10-16-2018]
- ZONING DISTRICT MAP
- A map with all notations, dimensions, references and symbols shown thereon depicting individually zoned districts in accordance with Sections 400.060 through 400.090 of this Chapter.
- ZONING REGULATIONS
- The whole body of regulations, texts, charts, tables, diagrams, maps, notations, references and symbols contained herein or to which reference is made.
Editor’s Note: The definition of “Free Food Distribution,” which immediately followed, was repealed 4-18-2017 by § 1 of Ord. No. 17-072.
[R.O. 2009 §156.006; CC 1981 §30-6; Ord. No. 77-31, 7-5-1977; Ord. No. 93-128, 6-8-1993; Ord. No. 94-126, 6-8-1994; Ord. No. 96-24, 1-18-1996; Ord. No. 96-26, 1-18-1996; Ord. No. 96-41, 2-21-1996; Ord. No. 97-50, 1-31-1997; Ord. No. 97-348, 10-14-1997; Ord. No. 98-209, 5-15-1998; Ord. No. 00-282, 10-25-2000; Ord. No. 04-176, 8-4-2004; Ord. No. 10-244 §1, 11-18-2010]
In order to regulate and restrict the location and use of buildings and land for residence, trade, industry and other purposes and to regulate and restrict the location, height and size of buildings hereafter erected or structurally altered, the size of yards and other open spaces and the density of population, the following zoning districts are hereby established:
[R.O. 2009 §156.007; CC 1981 §30-7; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998; Ord. No. 04-176, 8-4-2004; Ord. No. 10-244 §1, 11-18-2010]
For the purpose of reference hereafter in this Chapter, unless specifically provided to the contrary, the term "residential district" shall include the "A", "R-1C", "R-1D", "R-1E", "R-2", "R-3A", "R-M", "CRD" and the strictly residential portions of a "PD" or "PD-RF" districts. The term "business district" shall include the "O-1", "HCD", "C-1", "C-2", "C-3", "CBD", "FHCD" and the strictly commercial or mixed use portions of a "PD" or "PD-RF" districts. The term "industrial district" shall include all the "I-1", "I-2" and the strictly industrial portions of a "PD" or "PD-RF" districts.
[R.O. 2009 §156.008; CC 1981 §30-8; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998]
Such land and the district classification thereof shall be as shown on the map designated as the "Zoning District Map of St. Charles, Missouri". 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 and shall be filed as part of this Chapter by the City Clerk. Such map shall be available for public inspection in the office of the City Clerk. This map, together with subsequent amendments, shall be conclusive as to the current zoning status of land.
The original of each Zoning District Map shall be properly attested to and filed along with the official signed and attested copy of this Chapter in the office of the City Clerk. No amendment, new Zoning District Map, new boundary, boundary changes or any entries are to be made or become effective in the future until after the amendment, new Zoning District Map, new boundary, boundary changes or entries have been recorded, changed or entered on such original official Zoning District Map adopted as a part of this Chapter.
[R.O. 2009 §156.009; CC 1981 §30-9; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998]
A district name or letter-number combination shown on the Zoning District Map(s) indicates that the regulations pertaining to the district designated by that name or letter-number combination extend throughout the whole area of the City, bounded by the district boundary lines within which such name or letter-number combination is shown or indicated, except as otherwise provided by this Section.
Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of these regulations, the following rules apply:
In cases where a boundary line is given a position within a street or alley, right-of-way easement, navigable or non-navigable stream, it shall be deemed to be in the center of the right-of-way of the street, alley, right-of-way easement, canal or stream; and if the actual location of such street, alley, easement or stream varies slightly from the location as shown on the Zoning District Map, then the actual location shall control.
In cases where a boundary line is shown as being located a specific distance from a street line or other physical feature, this distance shall control.
Where a district boundary line, as shown on the Zoning District Map, approximately coincides with lot lines, municipal boundaries or the City limit line, the lot lines, municipal boundaries or City limit line shall be construed to be the district boundary line unless otherwise indicated.
In cases where a district boundary line as shown on the Zoning District Map does not coincide or approximately coincide with street lines, alley lines or lot lines and no dimensions are shown, the location of such district boundary line shall be determined by the Department of Community Development, after review of appropriate City Council records.
Whenever any street, alley, public way, railroad right-of-way, waterway or other similar area is vacated by proper authority, the districts adjoining each side of such street, alley, public way, railroad right-of-way or similar area shall be extended automatically to the center of such vacation and all area included in the vacation shall then and thenceforth be subject to all appropriate regulations of the extended districts. In the event of a partial vacation, the adjoining district or district nearest the portion vacated shall be extended automatically to include all the vacated area.
[R.O. 2009 §156.010; CC 1981 §30-10; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998]
No structure or land shall hereafter be used and no structure or part thereof shall be erected, reconstructed, converted, enlarged, moved or structurally altered unless in compliance with the regulations as set forth in this Chapter and in compliance with the design standards of the zoning district in which the structure is located.
[R.O. 2009 §156.011; CC 1981 §30-11; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998; Ord. No. 10-143 §1, 7-8-2010; Ord. No. 17-151 § 1, 7-28-2017; Ord. No. 18-231, 10-16-2018]
Every building hereafter erected, reconstructed, converted, moved or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one (1) principal building on one (1) lot.
There may be more than one (1) 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;
Buildings that are parallel, or that are within forty-five degrees (45°) of being parallel, shall be separated by a horizontal distance that is at least equal to the height of the highest building;
Requirements for dwelling units per acre do not apply to dormitories, fraternities, sororities and other similar living quarters which are accessory to a permitted use and which have no cooking facilities in individual rooms or apartments.
[R.O. 2009 §156.012; CC 1981 §30-12; Ord. No. 77-31, 7-5-1977; Ord. No. 96-200, 7-10-1996; Ord. No. 98-209, 5-15-1998; Ord. No. 01-156, 7-19-2001]
The minimum yards, height limits, parking spaces, landscaping and open spaces, including dwelling units per acre required by this Chapter for each building existing at the time of the passage of these regulations or for any building hereafter erected, shall not be encroached upon or considered as required yard or open space for any other building, nor shall any lot area or lot dimensions be reduced below the requirements of these regulations. Additionally, all required landscaping and greenbelts must remain at or greater than the minimum specification after final occupancy permits are issued.
Lot Consolidations. When the recorded owner of two (2) or more contiguous lots desires to erect a building across common property lines shared by the lots, the owner shall so indicate the proposed consolidation in writing to the Director of Community Development. No amended record plats are needed so long as the external boundary in question is used as one (1) zoning lot. The Director of Community Development shall indicate approval of the proposed consolidation in writing. The proposed consolidation and the Director's approval thereof shall remain part of the building permit record of the proposed structure.
[R.O. 2009 §156.013; CC 1981 §30-14; Ord. No. 77-31, 7-5-1977; Ord. No. 98-209, 5-15-1998]
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.