[R.O. 2012 §405.120; Ord. No. 522 §§1—3, 12-1-1992]
A.Â
Words
and numbers used singularly shall include the plural and the plural,
the singular. Words used in the present tense shall include the future.
B.Â
The
word "persons" includes a corporation, members of
a partnership or other business organization, a committee, board,
trustee, receiver, agent or other representative.
C.Â
The
word "shall" is mandatory.
D.Â
The
words "use", "occupy", or "occupied" as applied to any land or building shall be construed to include
the words "intended", "arranged", or "designed" to be used or occupied.
[R.O. 2012 §405.130; Ord. No. 522 §§1—3, 12-1-1992]
For the purposes of these Zoning Regulations, certain terms
or words used herein shall be interpreted or defined as follows, unless
the context clearly indicates otherwise.
A subordinate building or use which customarily is incidental
to that of the main building or use of the premises. Customary accessory
uses include, but are not limited to, tennis courts, swimming pools,
garages, air-conditioners, garden houses, children's play houses,
barbecue ovens and fireplaces.
An establishment used for presenting material, selling material,
or featuring entertainment that is distinguished or characterized
by an emphasis on displaying, depicting, describing, or relating to
sexual activities or anatomical areas that are sexual in nature. This
shall include such uses that are commonly known as adult bookstores,
adult theaters, massage parlors, nude wrestling studios, body painting
studios, nude modeling studios, nude photography studios, peep shows,
strip shows, escort services, and other similar uses.
A dedicated public right-of-way, other than a street, which
provides only a secondary means of access to abutting property, the
right-of-way of which is twenty (20) feet or less in width.
Alteration, as applied to a building or structure, is a change
or rearrangement of the structural parts of an existing building or
structure. Enlargement, whether by extending a side, increasing in
height, or the moving from one (1) location or position to another,
shall be considered an alteration.
An establishment where animals are admitted principally for
examination, treatment, board or care by a doctor of Veterinary Medicine.
(This does not include open kennels or runs.)
(See "DWELLING, MULTIPLE".)
That portion of a building having more than one-half (½)
of its height below grade.
A family home, occupied as a permanent residence by the proprietor,
in which lodging and meals are provided for time-limited durations
to not more than four (4) groups of patrons in a twenty-four (24)
hour period.
That Board which has been created by the Board of Aldermen
having jurisdiction and which has the statutory authority to hear
and determine appeals and variances to the Zoning Regulations.
The elected Board of Aldermen of the City of Knob Noster,
Missouri.
A building other than a hotel where, for compensation and
by pre-arrangement for definite periods, meals, or lodging and meals,
are provided for three (3) or more persons, but not exceeding twenty
(20) persons. Individual cooking facilities are not provided.
Any structure designed or intended for the enclosure, shelter
or protection of persons, animals or property.
The vertical dimension measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of ceiling of the top story in the case of a flat roof; of the
deck line of a mansard roof, and to the average height between the
plate and ridge of a gable, hip or gambrel roof.
(See "MEDICAL, DENTAL OR HEALTH CLINIC".)
An area of land or water or combination thereof planned for
passive or active recreation, but does not include areas utilized
for streets, alleys, driveways or private roads, off-street parking
or loading areas. However, the area of recreational activities, such
as swimming pools, tennis courts, shuffleboard courts, etc., may be
included as common open space.
Care of a child away from his/her own home for any part of
the twenty-four (24) hour day, for compensation or otherwise. Day
care may be given in a day care home or a day care center.
A facility other than the provider's permanent residence,
or separate from the provider's living quarters, where care is provided
for children for any part of the twenty-four (24) hour day, as defined
in regulations issued by the State of Missouri.
A day care home or a day care center, whether known or under
another title or name.
A family home, occupied as a permanent residence by the day
care provider, in which care is given to no more than eight (8) children,
not related to the day care provider, for any part of the twenty-four
(24) hour day, as defined in regulations issued by the State of Missouri.
A section or sections of the zoning area for which these
Zoning Regulations governing the use of land, the height of buildings,
the size of yards, and the intensity of use are uniform.
Any canine species over six (6) months of age.
Any building or portion thereof, except mobile homes for
purposes of use regulations, which is designed and used exclusively
for residential purposes.
A building having accommodations for and occupied by more
than two (2) families, independently.
A building having accommodations for and occupied exclusively
by one (1) family.
A building having accommodations for and occupied by two
(2) families, independently.
A structure in existence at the time of the adoption of these
Zoning Regulations.
A use in existence at the time of the adoption of these Zoning
Regulations.
One (1) or more persons related by blood, marriage or adoption,
living together as a single housekeeping unit; or a group of not more
than four (4) unrelated persons living together as a single housekeeping
unit; plus in either case, usual domestic servants. A family shall
under no circumstances be construed as a boarding house, fraternity,
or sorority house, club, lodging house, hotel or motel.
For computing off-street parking requirements: The gross floor area of the building measured from the exterior
faces of the exterior walls or from the centerline of walls separating
two (2) buildings and shall include the following area:
Floor area for determining floor area ratio: Shall be computed as the sum of the following areas:
The gross horizontal areas of the several buildings measured
from the exterior faces of exterior walls or from the centerline of
walls separating two (2) buildings which shall include floor area
utilized for stairwells or elevator shafts and floor space used for
mechanical equipment (except equipment open or enclosed, located on
the roof);
Basement floor area;
Attic space having head room of seven (7) feet, ten (10) inches
or more;
Interior balconies and mezzanines;
Enclosed porches;
Floor area devoted to accessory uses; and
Interior malls.
The maximum percentage of allowable floor area of a building
or complex (including both principal and accessory buildings) computed
by dividing the floor area of said complex or buildings by the area
of the building site.
A residence or building occupied on a full-time basis by
no more than six (6) children, two (2) or more of which are unrelated
to the foster parent. Foster homes shall be permitted in all residential
structures, the same as would a family.
The length of the property abutting on one (1) side of a
street measured along the dividing line between the property and 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 garage,
designed or used for equipping, repairing,, hiring, servicing, selling,
or storing motor-driven vehicles.
The vertical location of the finished ground surface between
the building and a line five (5) feet from the building.
For buildings having walls facing one (1) street only, the elevation
of the sidewalk at the center of the wall facing the street shall
be the grade.
For buildings having walls facing more than one (1) street,
the grade shall be the average of the grades (as defined in number
(1) above) of all walls facing each street.
For buildings having no wall facing a street, the average level
of the finished surface of the ground adjacent to the exterior walls
of the building shall be the grade.
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Any wall approximately parallel to and not more than five (5)
feet from a street line is considered as facing the street.
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A residence or building in which eight (8) or fewer unrelated
mentally retarded or physically handicapped persons reside, and may
include two (2) additional persons as house parents or guardians.
Provided however, that any home meeting this definition ("group
care home"), shall generally conform to the appearance within
the neighborhood constructed and, in order to maintain reasonable
densities, no group care home shall be permitted within eight hundred
(800) feet of another group care home.
A building or portion thereof, or a group of buildings, used
as a transient abiding place which may or may not serve meals and
whether such establishments are designated as a hotel, inn, automobile
court, motel, motor inn, motor lodge, motor court, tourist cabin,
tourist court, or other similar designation.
A facility designed or used for the discharge of firearms
or projectile weapons at targets where such activity occurs entirely
within a fully enclosed building.
[Ord. No. 866, 4-19-2022]
A building occupied by a non-profit corporation or a non-profit
establishment for public use.
Any place, area, building, or structure where dogs (including
those under one (1) year in age) are boarded, housed, cared for, fed,
or trained by other than the owner.
Any place, area, building, or structure where more than four
(4) dogs are kept for purposes of breeding, raising, or as pets.
(See "BOARDING HOUSE".)
A parcel of land occupied or intended for occupancy by one
(1) main building or a complex of buildings together with the accessory
structures and including the open spaces and parking required by this
Chapter, which may include more than one (1) lot of record or metes
and bounds described tract having its principal frontage upon a public
street or 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.
The front of a lot shall be that narrowest dimension abutting
a street right-of-way. On corner lots which have two (2) equal sides
which abut on a street right-of-way, either side may be considered
the front of the lot.
The rear of a lot shall be that side opposite the front of
the lot.
A lot which is a part of a subdivision, the plat of which
has been recorded in the office of the Recorder of Deeds, or a lot
described by metes and bounds, the description of which has been recorded
in the office of the Recorder of Deeds prior to December 1, 1992.
A dwelling unit fabricated on or after June 15, 1976, in
an off-site manufacturing facility for installation or assembly at
the building site, bearing a seal certifying that it is built in compliance
with the Federal Manufactured Housing Construction and Safety Standards
Code.
Any area, piece, parcel, tract, or plot of ground equipped
as required for support of mobile homes and offered for use by the
owner or representative for mobile home park purposes and/or ground
upon which three (3) or more mobile homes are parked, whether for
compensation or not, including all accessory uses thereof. The term "mobile home park" does not include sales lots of which unoccupied mobile homes are parked for the purpose of inspection and sale. (See Article V, "Supplementary Regulations".)
Any building designed for use by one (1) or more persons
lawfully engaged in the diagnosis, care and treatment of physical
or mental diseases or ailments of human beings; including, but not
limited to, doctors of medicine, dentists, chiropractors, osteopaths,
optometrists, podiatrists, and in which no patients are lodged overnight,
but which may include an apothecary.
A transportable structure larger than three hundred twenty
(320) square feet in floor area, designed to be used as a year-round
residential dwelling, and built prior to the enactment of the Federal
Mobile Home Construction and Safety Act of 1974, which became effective
for all mobile home construction on June 15, 1976.
A manufactured residential structure built to a nationally
recognized and accepted construction standard published by the Building
Officials Conference of America (BOCA) or the International Conference
of Building Officials (ICBO) and the unit is inspected and certified
at the factory that it meets said standard.
A structure which does not comply with the lot size requirements
or bulk regulations applicable to new structures in the Zoning District
in which it is located.
An existing use of a structure or land which does not conform
with the regulations of the district in which it is situated as established
by this Chapter or any amendments hereto.
An institution or agency licensed by the State for the reception,
board, care, or treatment of three (3) or more unrelated individuals,
but not including facilities for the care and treatment of mental
illness, alcoholism, or narcotics addiction.
An area surfaced for all-weather use including gravel, sand,
or comparable material for the purpose of storing one (1) parked automobile.
For the purpose of this Chapter, one (1) parking space shall have
a minimum width of nine (9) feet and a minimum length of twenty (20)
feet. In computing off-street parking, additional space shall be required
for access drives for each parking space.
An open, unoccupied space, other than a publicly-dedicated
street or alley, permanently reserved as the principal means of access
to abutting property.
The Planning Commission for the City of Knob Noster, Missouri.
Any building or part thereof used by one (1) or more persons
engaged in the practice of law, accounting, architecture, engineering,
or other occupation customarily considered as a profession.
Any business which furnishes the general public:
A vehicular-type unit built on or for use on a chassis and
designed primarily as living quarters for recreational, camping, vacation
or travel use and which has its own motive power or is mounted or
drawn by another vehicle, and which has a body width not exceeding
eight (8) feet and a body length not exceeding forty (40) feet.
A public eating establishment at which the primary function
is the preparation and serving of food.
A strip of land occupied or intended to be occupied by a
street crosswalk, railroad, road, electric transmission line, oil
or gas pipeline, water main, sanitary or storm sewer, or for another
special use.
An area of land with or without buildings, used for collection
or storage, outside a completely enclosed building, of used or discarded
materials such as wastepaper, rags or scrap material; or used building
materials, house furnishings, machinery, motor vehicles or parts thereof
with or without the dismantling, processing, salvage, sale or other
use or disposition of the same. A deposit or the storage on a plot
of two (2) or more wrecked or broken-down motor vehicles or parts
of two (2) or more such motor vehicles for one (1) week in a residential
district, or for three (3) weeks or more in any other district, shall
be deemed a salvage yard.
A lot or parcel of land used primarily for the disposal and
burial of garbage, sewage, trash, refuse, junk, discarded machinery
or motor vehicles or parts thereof, or other waste.
The Zoning Official or other individual appointed by the
Planning Commission to perform prescribed administrative duties.
A service station shall consist of a building or group of
buildings and surfaced area where motor vehicles may be refueled and
serviced; self-service pumps without buildings shall also be included.
Such services shall include tire recapping, body repairs, or major
overhaul.
Any device which shall display or include any letter, word,
model, banner, flag, pennant, insignia, device, or representation
used as, or which is in the nature of, an advertisement or announcement
which directs attention to an object, product, place, activity, person,
institution, organization, or business but shall not include any display
of official notice or official flag.
A Special Use Permit is a written permit issued by the Zoning
Official with the written authorization of the Planning Commission.
This Special Use Permit provides permission under special conditions
to make certain special uses of land in certain Zoning Districts as
stipulated in each of the District Zoning Regulations.
That portion of a building, other than a basement, 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 right-of-way, dedicated to the public use, which provides
vehicular and pedestrian access to adjacent properties.
A dividing line between a lot, tract, or parcel of land and
the contiguous street.
Expressway: A street which provides fast and
efficient movement of large volumes of traffic between areas and does
not provide a land service function.
Arterial: A street which provides for through
traffic movement between and around areas with direct access to abutting
property, subject to necessary control of entrances, exits and curb
uses.
Collector: A street which provides for traffic
movement between arterials and local streets, with direct access to
abutting property.
Local: A street which provides direct access
to abutting land, and local traffic movement whether in business,
industrial, or residential areas.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams, or girders, or any
complete rebuilding of the roof or the exterior walls. For the purpose
of this Chapter, the following shall not be considered a structural
alteration:
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, but not including fences or public
items such as utility poles, street light fixtures, and street signs.
An establishment in which the primary function is the public
sale and serving of alcoholic beverages for consumption on the premises.
A vehicular-type unit primarily designed as temporary living
quarters for recreational, camping or travel use, which either has
its own motive power or is mounted on or drawn by another vehicle.
Examples are travel trailers, camping trailers, truck campers, and
motor homes. Mobile homes and modular homes shall not be considered
trailers or recreational vehicles.
Any facility which is certified by the State of Missouri
Division of Alcohol and Drug Abuse of the Department of Mental Health
for such treatment.
A space on the same lot with a main building, open, unoccupied
and unobstructed by buildings or structures from the ground upward.
A yard extending across the full width of the lot, the depth
of which is the least distance between the street right-of-way and
the building setback line.
A yard extending across the full width of the lot, the depth
of which is the least distance between the rear lot line and the rear
setback line.
A yard extending from the front yard, or front lot line where
no front yard is required, to the rear yard. The width of the side
yard shall be measured horizontally, between the side lot line and
the furthest architectural projection of the structure.
A section of the zoning area for which uniform regulations
governing the use, height, area, size, and intensity of use of buildings,
land, and open spaces about buildings are herein established.
The area to be zoned as set out on the Official Zoning Map
filed of record.
The person or persons authorized and empowered by the Board
of Aldermen having jurisdiction to administer the requirements of
these Zoning Regulations.
The term "Zoning Regulations" or "this or these regulations" shall mean the requirements
stipulated in this Chapter.
