[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 05-148 §1, 10-25-2005]
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 04-075 §1, 5-27-2004; Ord.
No. 05-148 §2, 10-25-2005]
A.Â
The purposes of this Chapter 405 are to regulate and restrict the use of land and the location of improvements thereon; the height, number of stories, and size of buildings; the percentage of lot that may be occupied; the size of yards and other open spaces; the density of dwelling units; the location and use of buildings, structures, and land for commerce, industry, residence, or other purposes, including areas for agriculture, forestry, and recreation; to divide into districts the unincorporated territory of the County for the aforesaid purposes; to arrange according to this Chapter of the Unified Development Ordinance and reference to maps showing the same, and to regulate and restrict within such districts the erection, construction, reconstruction, alteration, repair, relocation, maintenance, or use of buildings, structures, lots, or land; to provide for off-street parking and loading areas, and solid waste disposal; to provide for rezonings, amendments, permits, enforcement, and penalties, and a Board of Zoning Adjustment, defining its powers and duties.
B.Â
The purposes of Chapters 405 and 410 are to provide adequate services and utilities, safe and convenient access, a desirable and attractive living environment through proper subdivision design, and for the purpose of utilizing development standards directed toward reasonable costs for initial development and continuing maintenance, including the following:
1.Â
The proper location and width of streets, building setback lines,
open spaces, recreational areas, and public lands;
2.Â
The avoidance of overcrowding of population and congestion of vehicular
traffic;
3.Â
The manner in which streets are to be graded and improved, and the
extent to which water, sewer, stormwater, and other utility services
are to be provided; and
4.Â
The provision of adequate space for traffic for utility facilities;
access of emergency apparatus; control of the number, spacing, type,
and design of access points to existing or future streets; minimum
width, depth, and area of lots; light and air; and proper distribution
of population.
5.Â
The preservation of the natural terrain and waterways.
6.Â
The control of stormwater that could impact downstream flooding by
flowing into stormwater drainage facilities or natural watercourses
not capable of receiving the additional stormwater from a development.
C.Â
The purposes of Chapter 412 are to control soil erosion on land that is undergoing development for non-agricultural uses and to preserve the natural terrain and waterways of land. The provisions in Chapter 412 are intended to regulate the design, construction, use and maintenance of any development or other land disturbance activity.
[Ord. No. 99-99 §1, 7-12-1999]
The County Council finds the passage, adoption, and enforcement
of the provisions hereafter contained necessary for the purpose of
promoting the health, safety, comfort, and general welfare of the
unincorporated portion of St. Charles County; to secure the most appropriate
use of land; and to facilitate adequate provision of public improvements
throughout the County: BE IT ORDERED BY THE GOVERNING BODY OF ST.
CHARLES COUNTY, MISSOURI, AUGUST 23, 1999.
[Ord. No. 99-99 §1, 7-12-1999]
A.Â
St.
Charles County enacts this Unified Development Ordinance pursuant to St. Charles County Charter Article II, Section 2.529 (1992) grants to the County Council legislative power pertaining to planning and zoning in the part of the County outside incorporated cities, towns and villages, and also pursuant to the State of Missouri's planning and zoning enabling legislation for First-Class Charter Counties (Sections 64.010 to 64.160, RSMo., as presently enacted or as amended hereafter.)
B.Â
Where
the provisions of any planning and zoning enabling legislation enacted
by the State of Missouri conflict with this Unified Development
Ordinance, or with any amendment to it, or with any other
ordinance pertaining to planning and zoning that St. Charles County
has enacted or may enact hereafter, the provisions of St. Charles
County's ordinances shall vary or modify the provisions of such planning
and zoning legislation.
[Ord. No. 99-99 §1, 7-12-1999]
This Unified Development Ordinance applies
to all land, property, and development in the parts of St. Charles
County outside incorporated cities, towns, and villages.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 05-148 §4, 10-25-2005]
In interpreting and applying the provisions of this Unified
Development Ordinance, they shall be held to be the minimum requirements
for the promotion of public health, safety, comfort, or general welfare.
It is not intended by the ordinance to interfere with or abrogate
or annul any easements, covenants, or other agreements between parties,
or any Statute, local ordinance, or regulation, except that if this
Unified Development Ordinance imposes a greater restriction or higher
standard, then this Unified Development Ordinance shall control.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 05-148 §5, 10-25-2005]
All of the Sections of this Unified Development Ordinance shall
be severable. In the event that any Section of this Unified Development
Ordinance is found by a court of competent jurisdiction to be unconstitutional
or unlawful, the remaining Sections of this Unified Development Ordinance
are valid, unless the court finds the valid Sections of this Unified
Development Ordinance are so essentially and inseparably connected
with and so dependent upon the void Section that it cannot be presumed
that the County Council could have enacted the valid Sections without
the void Sections; or unless the court finds that the valid Sections
standing alone are incompetent and incapable of being executed in
accordance with legislative intent.
[Ord. No. 99-99 §1, 7-12-1999]
All ordinances or regulations or parts thereof in conflict with
any of the provisions of this Unified Development Ordinance are hereby repealed insofar as the same are in conflict with the
provisions hereof.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 99-148 §1, 12-1-1999; Ord.
No. 01-054 §1, 4-25-2001; Ord. No. 01-112 §1, 9-26-2001; Ord.
No. 02-004 §2, 1-30-2002; Ord. No. 03-142 §1(1—14), 10-1-2003; Ord.
No. 04-053 §1, 4-13-2004; Ord. No. 04-158 §1, 9-29-2004; Ord.
No. 04-162 §1, 10-13-2004; Ord. No. 05-029 §1, 3-29-2005; Ord.
No. 05-148 §7, 10-25-2005; Ord. No. 06-004 §1, 1-31-2006; Ord.
No. 06-041 §2, 3-28-2006; Ord. No. 07-040 §1, 3-13-2007; Ord.
No. 08-146 §1, 12-17-2008; Ord. No. 09-137 §1, 12-9-2009; Ord.
No. 10-041 §1, 6-2-2010; Ord. No. 11-008 §2, 3-7-2011; Ord.
No. 12-090 §1, 11-27-2012]
For the purpose of Chapter 405, Chapter 410 and Chapter 412, the following words and terms used herein are defined to mean the following:
Words used in present tense include the future; words in the
singular number include the plural, and words in the plural number
include the singular; the word "building" includes
the word "structure"; the word "shall" or the word "must" is mandatory and not directory;
the term "used for" includes the meaning "designed for" or "intended for."
A subordinate building having a use customarily incidental
to and located on the lot occupied by the main building.
See APPURTENANT STRUCTURE.
A use customarily incidental to the main use of the property.
The Federal Insurance Administrator.
Any place to which the public is permitted or invited wherein
coin-operated, slug-operated, or for any form of consideration, electronically,
electrically, or mechanically controlled still or motion picture machines,
projectors, video or laser disc players, or other image-producing
devices are maintained to show images to five (5) or fewer persons
per machine at any one time, and where the images so displayed are
distinguished or characterized by the depicting or describing of "specified
sexual activities" or "specified anatomical areas".
A commercial establishment that has as a substantial or significant
portion of its stock-in-trade and offers for sale, for any form of
consideration, any one (1) or more of the following:
Books, magazines, periodicals, or other printed matter, or photographs,
films, motion pictures, video cassettes or disks, slides, or other
visual representations that are characterized by an emphasis upon
the depiction or description of specified sexual activities or specified
anatomical areas; or
Instruments, devices, or paraphernalia that are designed or
marketed for use in connection with specified sexual activities.
|
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as "adult bookstore", "adult novelty store" or "adult video
store". Such other business purposes will not serve to exempt
such commercial establishments from being categorized as an "adult bookstore", "adult novelty store"
or "adult video store" so long as one (1) of its
principal business purposes is the offering for sale or rental for
consideration the specified materials which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas.
|
A nightclub, bar, restaurant, or similar establishment that
regularly features live performances that are characterized by the
exposure of specified anatomical areas or by specified sexual activities,
or films, motion pictures, video cassettes or disks, slides, or other
photographic reproductions in which a substantial or significant portion
of the total presentation time is devoted to the showing of material
that is characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas.
A group program designed to provide care and supervision
to meet the needs of five (5) or more functionally impaired adults
(age eighteen (18) or older) for periods of less than twenty-four
(24) hours but more than two (2) hours per day in a place other than
the adult's own home.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, video cassettes or disks, slides, or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas, and
has a sign visible from the public right-of-way which advertises the
availability of this adult type of photographic reproductions;
Offers a sleeping room for rent for a period of time that is
less than ten (10) hours; or
Allows a tenant or occupant of the sleeping room to subrent
the room for a period of time that is less than ten (10) hours.
|
Evidence that a sleeping room in a hotel, motel, or a similar
commercial establishment has been rented and vacated two (2) or more
times in a period of time that is less than ten (10) hours creates
a rebuttable presumption that the establishment is an adult motel.
|
An establishment where, for any form of consideration, films,
motion pictures, video cassettes or disks, slides, or similar photographic
reproductions are shown, and in which a substantial or significant
portion of the total presentation time is devoted to the showing of
material characterized by an emphasis on the depiction or description
of specified sexual activities or specified anatomical areas.
A theater, concert hall, auditorium, or similar establishment
in which a substantial or significant portion of the presentation
time is devoted to the exposure of specified anatomical areas or to
specified sexual activities.
Any building which is necessary or incidental to the normal
conduct of a farm as defined herein (see Farm), including,
but not limited to, residence of the operator, residence of full-time
farm employees; barns, buildings and sheds for housing livestock,
poultry and farm machinery; buildings for the storage or shelter of
grain, hay and other crops; silos, windmills and water storage tanks.
Agricultural products and livestock.
Any structure used exclusively in connection with the production,
harvesting, storage, drying, or raising of agricultural commodities.
The planting, cultivating, harvesting, and storage of grains,
hay, or plants, vineyards, or trees commonly grown in St. Charles
County. The raising and feeding of livestock and poultry shall be
considered an agricultural venture if the area in which the livestock
or poultry is kept contains ten (10) acres or more in area, and if
such raising of livestock and poultry is incidental or supplemental
to the raising of crops.
A facility for servicing take-off/landing aircraft having
a runway or runways and open to public use, but not necessarily to
all types of aircraft.
A right-of-way which affords a secondary means of access
to abutting property.
As applied to a building or a structure, a change or rearrangement
in the structural parts; or an enlargement, whether by extending on
a side or by increasing in height; or the moving from one location
or position to another.
A coin or token-operated machine or device which, whether
mechanical, electrical, or electronic, shall be ready for play by
the insertion of a coin or token, and may be operated by the public
for use as a game, entertainment, or amusement, the object of which
is to achieve either a high or low score, which, by comparison to
the score of other players, whether playing concurrently or not, demonstrates
relative skill or competence, or indicates in any other way competitive
advantage of one (1) player or team over another, regardless of skill
or competence. It shall include devices such as pinball machines or
any device which utilizes a video tube to reproduce symbolic figures
and lines intended to be representative of real games or activities.
A group of more than three (3) amusement games or other amusement
machines, in the same place, location, or premises.
An animal which is not of a species customarily used as a
household pet, but one which would ordinarily be confined to a zoo,
or one which would ordinarily be found in the wilderness of this or
any other country, or one which otherwise causes a reasonable person
to be fearful of bodily harm or property damage.
A lot or building, or combination of contiguous lots and
buildings, intended for the confined feeding, breeding, raising, or
holding of animals and specifically designed as a confinement area
in which manure may accumulate, or where the concentration of animals
is such that a vegetative cover cannot be maintained within the enclosure.
For purposes of these parts, open lots used for feeding and rearing
of poultry (poultry ranges) and barns, dairy facilities, swine facilities,
beef lots and barns, horse stalls, mink ranches and domesticated animal
zoos, shall be considered to be animal feedlots. Pastures shall not
be considered animal feedlots under these parts.
See PETS.
See PETS, DOMESTIC OTHER.
Unit of measure used by the Environmental Protection Agency
and the State of Missouri in the regulation of animal feedlots. The
average weight of animal divided by one thousand (1,000) pounds equals
animal units. The following animals are rated in terms of animal units
and adopted by the State of Missouri and St. Charles County.
|
Animal
|
Head per Animal Unit
| |
|---|---|---|
|
broiler
|
100.0
| |
|
horse
|
.5
| |
|
laying hen
|
30.0
| |
|
dairy cow
|
.7
| |
|
sheep
|
10.0
| |
|
slaughter steer or heifer
|
1.0
| |
|
swine over 55 lbs.
|
2.5
| |
|
swine under 55 lbs.
|
15.0
| |
|
turkey
|
55.0
|
Any device used to collect or radiate electromagnetic waves
for the provision of cellular, paging, personal communications services
(PSC) and microwave communications. Such structures and devices include,
but are not limited to, directional antennas, such as panels, microwave
dishes and satellite dishes and omnidirectional antennas, such as
whips.
A room or a suite of rooms within a building, provided with
separate cooking facilities and intended as a single dwelling unit.
A request for a review of the Director of the Division of Planning and Zoning's interpretation of any provision of this Chapter or Chapter 410 or a request for a variance.
The entire area within the boundary lines of the territory
proposed for the subdivision, including the area to be dedicated for
street and alley right-of-way and public use.
The entire area within the boundary lines of the territory
proposed for the subdivision, less the area to be dedicated for street
and alley right-of-way and public use.
The extent of space within a lot, not including right-of-ways
of streets and alleys.
Land in the floodplain within a community subject to a one
percent (1%) or greater chance of flooding in any given year.
A highway or street designated as a major thoroughfare in
the current Master Plan as approved by the Governing Body for St.
Charles County, Missouri.
An establishment serving alcoholic beverages in which the
principal business is the sale of such beverages at retail for the
consumption on the premises.
The square feet of floor space within the outside line of
walls and includes the total of all finished space on the main floor
of a building. It does not include porches, garages or rooms without
heating and/or air-conditioning.
A flood having a one percent (1%) chance of being equalled
or exceeded in any given year.
Any area of the building having its floor subgrade (below
ground level) on all sides.
A facility for overnight lodging where five (5) or more bedrooms
are available to the transient public for overnight stay; where there
is one (1) off-street parking space for each guest room and for the
host; also where breakfast is served. Typically, the host personally
interacts with guests in order to better acquaint the guests with
the community, and provides hospitality such as that being afforded
any house guest.
A single-family residence where the host must live in the
residence; where there are between one (1) and five (5) guest rooms
to house transient guests for overnight stay; where there is one (1)
off-street parking space for each guest room and two (2) off-street
parking spaces for the residence; also where breakfast is served.
Typically the host personally interacts with guests in order to better
acquaint the guests with the community, and provides hospitality such
as that being afforded any house guest.
An identifiable definite point of known elevation and location
and of more or less permanent character on M.S.G.S. Datum.
Any structure, or portion thereof, not exceeding six hundred
seventy two (672) square feet upon which an advertisement is placed,
painted, or printed, advertising a person, thing, product, or service
not located or sold on the property on which the sign is located,
but not including official governmental notices.
A workshop with a furnace where metal is heated and wrought,
where wrought iron is produced, where iron is made malleable, and/or
where metal is formed by heating and hammering.
A piece or parcel of land entirely surrounded by public or
private highways or streets, other than alleys. In cases where the
platting is incomplete or disconnected, the Director of the Division
of Planning and Zoning shall determine the outline of the block.
A building other than a hotel, occupied as a single housekeeping
unit, where lodging or meals are provided for three (3) or more persons
for compensation, pursuant to previous arrangements, but not for the
traveling public or transients.
A body of persons which may determine and vary the regulations contained within the ordinance in accordance with the provisions within Part 7, Sections 405.590 et seq.
A water vessel propelled by oars, paddles, sail or power.
An agent who negotiates contracts of purchase and sale of
boats.
Any method of piercing the skin or mucosa in order to place any object including, but not limited to, rings, studs, bars or other forms of jewelry through the skin or mucosa. Chapter 645 expressly excludes ear piercing, as defined in Section 645.080(B), as a body piercing procedure.
An industrial use that brews ales, beers, meads and/or similar
beverages for sale and consumption off premises.
One (1) or more buildings, structures and open spaces utilized
for brewing of beer, or cider and/or distilling of spirits for both
on-site and off-site sale and consumption, with or without subsidiary
accessory uses including but not limited to the preparation of food,
sale and service of prepared food indoors and outdoors, conducting
of weddings and/or wedding receptions or other private parties, and
tours of the brewhouse.
[Ord. No. 18-060, 6-25-2018]
A facility that generally consists of an equipment building
and a guyed or self-support tower, typically constructed of lattice
or tubular steel that supports AM/FM radio and/or VHF or UHF television
antennas. The antenna weight ranges from three thousand (3,000) to
ten thousand (10,000) pounds. With the exception of AM, these towers
are usually located on high ground, as the technology requires "line
of sight" between the transmitter and the signal receivers. The facility
transmits power levels, measured at the antenna as effective radiated
power (ERP), that typically exceed fifty thousand (50,000) watts and
may reach five million (5,000,000) watts.
An enclosed structure, anchored to permanent foundation,
having exterior or party walls and a roof, designed for the shelter
of persons, animals, or property.
A line which establishes the required front yard and is generally
parallel with the front property line.[2]
The diameter of a trunk six (6) inches above grade.
Use of open land for travel, recreation, and vacation and
which includes shelter(s) or sites for shelter(s) designed and used
for temporary occupancy and not as dwellings.
A structure within a campground, not greater than one hundred
twenty (120) square feet in area, designed and used as shelter for
temporary occupancy for camping. A camping cabin shall not be designed
as a dwelling nor used for residential occupancy.
[Ord. No. 22-073, 11-14-2022; Ord. No. 22-086, 11-28-2022]
Open land under single ownership where camping accommodations
are advertised or furnished for pay, and which includes temporary
occupancy in shelters limited to tents, trailers, travel trailers,
recreational vehicles, camping cabins, and/or cottages. The definition
of campground shall include travel trailer park.
[Ord. No. 22-073, 11-14-2022; Ord. No. 22-086, 11-28-2022]
A roof-like cover having no supporting walls, but supported
otherwise from the ground, deck, floor, or walls of the building.
A commercial facility where yard waste is accepted from the
public for composting. Composting is an aerobic (oxygen-dependent)
degradation process by which organic wastes decompose under controlled
conditions. Yard waste shall be defined as leaves, grass clippings,
yard and garden vegetation, Christmas trees, shrubs, vegetable and
flower garden waste, and brush, produced as a result of lawn and garden
care and maintenance.
A natural or artificial watercourse of perceptible extent,
with definite beds and banks to confine and conduct continuously or
periodically flowing water. Channel flow, thus, is that water which
flows within the limits of a defined channel.
A building principally used for religious purposes, which
shall include, but not be limited to, rectories, parish houses, convents,
monasteries, temples, and synagogues.
Uncontaminated soil, rock, sand, gravel, concrete, asphaltic
concrete, cinder blocks, brick, minimal amounts of wood and metal,
and inert solids as approved by rule or policy of the Missouri Department
of Natural Resources for fill, reclamation, or other beneficial use.
This definition does not include the use of clean fill for raising
any residentially zoned property above the existing grade unless the
purpose of the clean fill is to raise the first (1st) floor of a structure
one (1) foot above the 100-year floodplain. The exclusion of clean
fill in residentially zoned subdivisions above the existing grade
would only be applicable after the completion of an interim grading
and sediment and erosion control plan by the developer.
Any activity that removes, cuts down or covers up vegetative
cover of land.
An establishment where patients are not lodged overnight,
but are admitted for examination and treatment.
A building or portion of a building intended to be used as
a center of informal association for a selective membership not open
to the general public. The building could be used by persons for recreational
and eating purposes, but not for dwelling purposes other than managerial
or transient lodging.
A residential use that divides land into not more than the
number of lots permissible in a conventional subdivision of the same
property in the same zoning district, but where the lot areas are
reduced in order to gain common open space and reductions in other
lot requirements may be considered. Residential units may be single-family
or attached single-family, however, units platted through this procedure
must all have ground floor living space and not stacked vertically
on top of another unit.
See STREET, COLLECTOR.
A vehicle, truck or bus designed to carry passengers, freight
and/or merchandise with one (1) or more of these characteristics:
The Planning and Zoning Commission of St. Charles County.
That land set aside for open space or recreational use for
the owners of the residential lots in a subdivision, which land is
conveyed by the developer to trustees whose trust indenture shall
provide that said common ground be used for the sole benefit, use,
and enjoyment of the lot owners present and future. No lot owner shall
have the right to convey interest in the common ground, except as
an incident of the ownership of a regularly platted lot.
Any State or area, or political subdivision thereof, which
has authority to adopt and enforce floodplain management regulations
for the areas within its jurisdiction.
See CENTRALIZED YARD WASTE COMPOSTING FACILITY.
A use allowed in a zoning district after a permit is granted, in accordance with the provisions within Part 4 of Chapter 405, Sections 405.510, et seq.
A form of ownership in which the interior space of a living
unit is held by an individual owner, with all individual owners sharing
in the ownership of common areas.
A facility with meeting rooms and places for conferences,
meetings, weddings and other public assemblies, which may include
a hotel or motel to accommodate either persons attending such public
assemblies or travelers.
Trees at least ten (10) feet tall at maturity, which usually
have green foliage throughout all seasons of the year in Missouri.
A drawing or plan illustrating the intended use of the property,
and any proposed improvements, prepared in accordance with the requirements
in Section 405.523 of the Unified Development Ordinance.
[Ord. No. 17-008 § 1, 1-30-2017]
Structures for which the "start of construction" commenced
before September 15, 1978. "Existing construction" may also be referred
to as "existing structures." This term applies to the "FW", "FF",
and "DF" Overlay Districts.
New construction means those structures where new construction
or substantial improvement which commenced after September 15, 1978,
the effective date of the Flood Insurance Rate Map. This term applies
to the FW, FF, and DF Overlay Districts.
Complete construction drawings of a facility or improvement,
including, but not limited to, road plans and profiles, drainage plans,
and utility plans (see Improvement Plans).
Includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition placement, or other
improvement was within one hundred eighty (180) days of the permit
date. The actual start means the first (1st) placement of permanent
construction of a structure on a site, such as the pouring of slab
or footings, the installation of piles, the construction of columns,
or any work beyond the stage of excavation or the placement of a manufactured
or mobile home on a foundation. Permanent construction does not include
land preparation, such as clearing, grading, and filling; nor does
it include the installation of streets and/or walkways; nor does it
include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual start of construction means
the first (1st) alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building. This term applies to the "FW" and "FF"
Overlay Districts.
A structure within a campground, not greater than three hundred
fifty (350) square feet in area, designed and used as shelter for
temporary occupancy for camping. A cottage shall not be designed as
a dwelling nor used for residential occupancy.
[Ord. No. 22-073, 11-14-2022; Ord. No. 22-086, 11-28-2022]
St. Charles County, Missouri.
The body established by Article II of the St. Charles County Charter (1992) as the legislative branch of the government of St. Charles County.
The office established by Article IV, Section 4.700 et seq., of the St. Charles County Charter.
[Ord. No. 18-015 § 1, 1-29-2018]
The office established by Article III of the St. Charles County Charter (1992) to hold executive power of St. Charles County.
The location of two (2) or more telecommunication antenna
or devices (providers) on a single telecommunication tower.
Custom butchering activity that is licensed by the Missouri
Meat and Poultry Inspection Program as a custom exempt operation,
with no retail or wholesale sales.
[Ord. No. 22-018, 2-28-2022]
A building used for the supervision and care of more than
four (4) preschool children, other than those of the operator.
A barrier or dam built across a waterway or at other suitable
locations to retain rock, sand, gravel, silt, or other materials.
The number of dwelling units developed on one (1) acre of
land.
The adjacent portion of the floodway of the Missouri and
Mississippi Rivers, as depicted on the Flood Insurance Rate Map, which
permits island development on eighteen percent (18%) of a lot/parcel
in the floodplain without cumulatively increasing the water surface
elevation by more than one (1) foot.
St. Charles County’s “Design Criteria for the
Preparation of Improvement Plans" last published February 2002, as
amended thereafter in the most recent update dated January 2021, and
as amended hereinafter from time to time.
[Ord. No. 20-098, 12-21-2020]
A man-made or natural water collector facility designed to
collect surface and subsurfaced water in order to impede its flow
and to release the same gradually at a rate not greater than that
prior to the development of the property, into natural or man-made
outlets.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, levees,
levee systems, mining, dredging, filling, grading, paving, excavation,
or drilling operations, or storage of equipment or materials.
A site in which one (1) or more lots, tracts or parcels of
land are to be developed or redeveloped as a coordinated site for
a complex of uses, units or structures included on a single site plan,
conceptual site plan or preliminary plat.
The County officer responsible for the administration of the Department of Community Development pursuant to Chapter 132, Ordinances of St. Charles County, Missouri, who shall possess all other powers previously vested by order or ordinance in the former, and now abolished, Departments of Planning and Building and in the Plan Review and Neighborhood Improvement District functions of the County Highway Department.
A part of the unincorporated portion of the County wherein regulations of this Chapter or Chapter 410 are uniform.
A channel with or without a supporting ridge on the lower
side constructed across or at the bottom of a slope.
The outermost perimeter of the crown of a plant as projected
vertically to the ground.
To protect against flood-damage as provided in 44 C.F.R.
Sections 60.3(c) and 78.12(e).
See DWELLING, TWO-FAMILY.
A single unit providing complete, independent living facilities
for one (1) or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
[Ord. No. 22-073, 11-14-2022; Ord. No. 22-086, 11-28-2022]
A building, or portion thereof, arranged, intended or designed
for occupancy by three (3) or more families, including apartment houses,
row houses, tenements, and apartment hotels.
A detached building arranged, intended, or designed for occupancy
by one (1) family.
A building designed exclusively for occupancy by two (2)
families living independently of each other, including a duplex (one
(1) dwelling unit above the other), or a semi-detached dwelling (one
(1) dwelling unit beside the other).
The right to use another person's property, but only for
a limited and specifically named purpose.
A grant by a property owner to the public, a corporation,
or a person for ingress and egress purposes only.
A registered professional engineer licensed by the State
of Missouri.
The wearing away of the land surface by the action of wind,
water, or gravity.
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person or who agrees to
privately model lingerie or to privately perform a striptease for
another person.
A person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one (1) of its primary
business purposes for a fee, tip or other consideration.
Any of the following:
The opening or commencement of any sexually oriented business
as a new business;
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
The additions of any sexually oriented business to any other
existing sexually oriented business; or
The relocation of any sexually oriented business.
The removal, stripping, or disturbance of soil, earth, sand,
rock, gravel, or other similar substances from the ground.
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 time.
See CONSTRUCTION, EXISTING.
The vertical location of the existing ground surface prior
to excavation or filling.
See REGULATED SUBSTANCE.
One (1) or more persons who are related by blood, marriage
or adoption, living together and occupying a single housekeeping unit.
A parcel of land used for growing or raising agricultural
products, including related structures thereon.
A temporary structure and/or land area not to exceed a gross
floor and/or ground area of five hundred (500) square feet from which
agricultural products produced on the premises are sold to the general
public.
A structure used for the retail sales of fresh fruits, vegetables,
flowers, herbs or plants grown on the premises and may be augmented
by imported products of the same type. The accessory sales of other
unprocessed foodstuffs, home processed food products such as jams,
jellies, pickles, sauces or baked goods and homemade handicrafts may
also be considered. The floor area devoted to the sales of these accessory
items shall not exceed fifty percent (50%) of the total sales area.
No commercially packaged handicrafts or commercially processed or
packaged foodstuffs shall be sold at a commercial farm stand.
Federal Emergency Management Agency.
An enclosure or barrier, such as wooden posts, wire, iron,
etc., used as a boundary, means of protection, privacy screening or
confinement, but not including hedges, shrubs, trees or other natural
growth.
The placing of any soil, earth, sand, rock, gravel, or other
substance on the ground.
See PLAT, FINAL.
The final grade or elevation of the ground surface conforming
to the proposed design.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
An official map of a community on which the Administrator
has delineated both special flood hazard areas and the designated
regulatory floodway.
A determination by the Federal Insurance Administrator of
the water surface elevations of the base flood: that is, the flood
level that has a one percent (1%) or greater chance of occurrence
in any given year.
An examination, evaluation, and determination of flood hazards.
An official map of a community on which the Federal Insurance
Administrator has delineated both the special flood hazard areas and
the risk premium zones applicable to the community.
An examination, evaluation, and determination of flood hazards
and, if appropriate, corresponding water surface elevations.
Any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures, and their contents.
Those physical structural works for which funds have been
authorized, appropriated, and expended, and which have been constructed
specifically to modify flooding in order to reduce the extent of the
area within a community subject to a "special flood hazard" and the
extent of the depth of associated flooding. Such a system typically
includes dams, reservoirs, levees, or dikes. These specialized flood
modifying works are those constructed in conformance with sound engineering
standards.
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including, but not limited to,
emergency preparedness plan, flood control works, and floodplain management
regulations.
Any land area susceptible to being inundated by water from
any source (see FLOOD OR FLOODING).
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one (1) foot.
That area of the floodplain, outside of the floodway, that
has a one percent (1%) chance of a flood of a 100-year magnitude in
any one (1) year.
The square feet of floor space within the outside line of
walls and includes the total of all finished space on all floors of
a building. It does not include porches, garages, or unfinished space
in a basement.
The ratio between the total square feet of floor area in
a structure and the total square feet of land in the lot or tract
on which the structure is located.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute
to flood heights greater than the height calculated for a selected
size flood and floodway conditions, such as wave action, clogged bridge
openings, and the hydrological effect of urbanization of the watershed.
All property on one (1) side of a street or highway, measured
along the right-of-way line of the street.
A building, or portion thereof, providing private parking
of motor vehicles for persons residing on the premises.
An accessory building for storage of private motor vehicles
located on the same property as the residence.
A place of business where retail and wholesale products and
produce are sold to the consumer. These centers, which may include
a nursery and/or greenhouses, import most of the items sold and may
include plants, nursery products and stock, potting soil, hardware,
power equipment and machinery, hoes, rakes, shovels and other lawn
and garden variety tools, lawn and garden supplies, water gardens,
outdoor furniture, irrigation equipment, mulch and yard ornaments.
Establishments primarily engaged in the provision of repair
services to individuals and households, rather than businesses, but
excluding automotive and equipment repair use types. Typical uses
include appliance repair shops, shoe repair, watch or jewelry repair
shops or repair of musical instruments but excludes those classified
more specifically by definition.
The executive and/or legislative branches of St. Charles
County government as defined and empowered by the County Charter.
The slope of a surface measured by the change in vertical
distance versus the change in horizontal distance and specified in
percent, as a ratio, or in feet per feet, and shown on a surface profile
plan as required herein.
The final elevation of the ground surface after development.
The elevation of the ground surface in its natural state,
before man-made alterations.
Any excavation or filling or land disturbance, 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.
A structure whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants. The term includes cold frame structures which are temporary
in nature including inflatable structures.
A non-medical facility providing shelter, counseling and,
where necessary, other rehabilitative services, supervision or assistance
to no more than eight (8) unrelated persons who, due to mental or
physical disability, pregnancy or status as a minor who is unable
to live with parents or guardians, reside together in a family-type
environment as a single, housekeeping unit. Such a group home facility
shall have the appearance of a conventional single-family residence
with a single kitchen facility. Homes recognized as Oxford Homes shall
be considered group homes. Excluded from the definition of group home
facility are homes established for or occupied by residents who are
permitted to live in "halfway houses" including residences in which
the residents are criminal offenders in work-release sentence or on
parole or probation, or persons who use or are addicted to a controlled
substance. A group home facility shall be a permitted use only if
it has received administrative approval from the Director of the Division
of Planning and Zoning as set out in Section 405.078(8)[4] and is operated in conformance with conditions and standards
specified in that Subsection and all other applicable governmental
regulations and requirements.
A structure composed of three (3) or four (4) support legs,
that is, "guyed" by wires to anchors in the ground placed at radial
distances from the tower, and is used to support telecommunications
equipment and antennas. Generally, heights range from sixty (60) feet
to five hundred (500) feet. Guyed towers are less bulky than self-support
towers at the same height, location and loads.
A facility in which persons reside together by reason of
probation or parole from incarceration or by reason of the terms of
a criminal conviction.
A reserved surface area not less than thirteen (13) feet
wide and identified by an above-grade sign designating the space for
parking by the physically disabled.
See REGULATED SUBSTANCE.
The vertical distance from the average grade of the front
yard to the highest roof surface.
A pipeline for the transmission of any substance, including,
but not limited to, crude oil, highly volatile liquids (including
anhydrous ammonia), petroleum products, carbon dioxide, jet fuel,
natural gas or any other derivative product thereof, any of which
products are under pressure of more than three hundred fifty (350)
pounds per square inch and regulated by the United States Department
of Transportation.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
See ARTERIAL.
A structure or place of historical significance; may be designated
as such by local, State or Federal Government.
Any structure that is (a) listed individually in the National
Register of Historic Places (a) listing maintained by the Department
of Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National
Register; (b) certified or preliminarily determined by the Secretary
of the Interior as contributing to the historical significance of
a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district; (c)
individually listed on a State Inventory of Historic Places in States
with historic preservation programs which have been approved by the
Secretary of the Interior; or (d) individually listed on a Local Inventory
of Historic Places in communities with historic preservation programs
that have been certified either (1) by an approved State program as
determined by the Secretary of the Interior, or (2) directly by the
Secretary of the Interior in States without approved programs.
An occupation or profession carried on by one (1) or more members of the household, residing on the premises, which is clearly incidental and secondary to the use of the dwelling unit for residential purposes, and which conforms to the standards and provisions contained within Part 3, Article IV, Section 405.495 of this Chapter.
A building used for the diagnosis, treatment, or other care
of human ailments and having room facilities for overnight medical
or psychiatric patients, a staff of physicians and nurses, and other
related services.
A building occupied or used as a more or less temporary abiding
place of individuals or groups of individuals who are lodged, with
or without meals, including related customary services and in which
there are no provisions for cooking in individual rooms.
Any of the following groups of individuals provided the number
of individuals in a home is further regulated by Title V Building
and Construction of St. Charles County, Missouri:
Any number of persons related by blood, marriage or adoption,
plus:
A group including not more than two (2) adults together with
any number of children related by blood or legal adoption to at least
one (1) of the adults; or
A group of not more than three (3) adults whether or not related
to one another living together as a single housekeeping unit.
The engineering plans showing types of materials and construction
details for the physical structures and facilities to be installed
both in or in conjunction with the proposed subdivision.
Refers to site grading, street pavement, monuments, sidewalks,
water mains, sanitary sewers, storm sewers, street signs, and special
structures, to be installed or agreed to be installed by the subdivider
on land to be used for public streets.
See ALTERATION.
A non-profit or quasi-public use, such as a church, library,
public or private school, hospital, or municipally owned or operated
building, structure, or land used for public purpose.
See SALVAGE YARD.
An establishment where dogs, cats, or other small animals
are boarded for compensation, bred, or raised on a commercial scale.
Clearing or grading or any other action which results in
removal, covering up or cutting down of the natural site vegetation
and/or destruction of the root zone or otherwise results in leaving
the ground surface exposed to soil erosion through the action of wind
or water.
A land surveyor registered in the State of Missouri.
A facility for take-off and landing of aircraft, with or
without services available for aircraft, which is operated for private
use.
A business principally engaged in the decorative and functional
alteration, planting and maintenance of grounds. Such a business may
engage in the installation and construction of underground improvements
but only to the extent that such improvements (e.g., drainage systems)
are accessory to the principal business and are necessary to support
or sustain the landscaped surface of the ground. Vehicles, equipment
and materials used in the business may be stored on-site including
rock, mulch, soil and some plant material which is not grown on the
site. Retail and wholesale sales of products and services are not
accomplished from the site.
The development and decorative planting of gardens, grounds,
or other natural landscapes.
Deciduous shade trees with a mature height of thirty (30)
feet or greater and a mature spread of thirty (30) feet or greater.
A business devoted to cutting grass on private or public
property. Such service shall not include materials or equipment used
for landscaping.
See REGULATED SUBSTANCE.
Animals kept or raised for use, pleasure, or profit; typically
farm animals. Shall include, but not be limited to: cattle, horses,
poultry, sheep, and swine.
A space within the main building or on the same lot for standing,
loading, or unloading trucks.
A parcel of land occupied or to be occupied by one (1) main building or unit group of buildings and the accessory buildings or uses customarily incidental thereto, including such open spaces as are required under this Chapter or Chapter 410, and having its principal frontage upon a public or private street.
The total horizontal area within the boundaries of a lot,
exclusive of any land designated for street or alley purposes.
A lot abutting upon two (2) or more streets at their intersection.
A corner lot shall be deemed to have a front yard setback for each
street.
A lot with access provided to the bulk of the lot by means
of a narrow corridor. The bulk of the lot with the exception of the
access area must meet the minimum lot width and area requirements
for the district in which the lot is located.
The boundary line between a lot and the street right-of-way
on which it borders.
The boundary line which is opposite and most distant from
the front street line, except that, in the case of uncertainty, the
Director of the Division of Planning and Zoning shall determine the
rear line.
Any lot boundary line not a front or rear line thereof.
The lines bounding a lot as defined herein.
A lot or parcel of land, the plat or deed of which has been
recorded in the office of the Recorder of Deeds of St. Charles County,
Missouri, prior to the adoption of this ordinance.
An interior lot having frontage on two (2) streets. A through
lot shall be deemed to have a front yard setback for each street.
The horizontal distance between side lines, measured at the
front building line.
The lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this Chapter or Chapter 410.
A residential dwelling built after June 15, 1976, in accordance
with the Federal Manufactured Home Construction and Safety Standards,
which standards apply to homes to be constructed on a non-removable
steel chassis.
Any area, tract, or site of land zoned "RM", Mobile Home
District, whereupon manufactured or mobile homes, as defined within
the ordinance, are placed or located on individual lots, and intended
to be used, let, leased, or rented, for dwelling purposes.
A subdivision designed and/or intended for the sale of all
lots for sitting manufactured and/or modular structures.
A dock or basin providing secure moorings for motorboats
and yachts and often offering supply, repair and other facilities.
An estimate of what is fair, economic, just, and equitable
value under normal local market conditions.
A commercial establishment where, for any form of consideration,
massage, alcohol rub, fomentation, electric or magnetic treatment,
or similar treatment or manipulation of the human body is administered,
unless such treatment or manipulation is administered by a medical
practitioner, chiropractor, acupuncturist, physical therapist, or
similar professional person licensed by the State. This definition
does not include an athletic club, health club, school, gymnasium,
reducing salon, spa, or similar establishment where massage or similar
manipulation of the human body is offered as an incidental or accessory
service.
The long-range plan for the County intended to guide the
future growth and development of the area. Includes analysis, recommendations,
and goals and objectives for the community's population, economy,
housing, transportation, community facilities, and land use.
For purposes of the National Flood Insurance Program (NFIP),
the National Geodetic Vertical Datum (NGVD) of 1929, or other datum,
to which base flood elevations shown on a community's Flood Insurance
Rate Map (FIRM) are referenced.
A restaurant that prepares handcrafted natural beer as an
accessory use for consumption on the premises. Such accessory use
may occupy up to thirty percent (30%) of the gross floor area of the
restaurant.
The extraction of minerals including: solids such as coals
and ores, liquids, such as crude petroleum, and gases, such as natural
gases. The term also includes quarrying, milling, such as crushing,
screening, washing and flotation; and other preparation customarily
done at the mine site or as a part of mining activity.
A residential dwelling unit that was fabricated in an off-site
manufacturing facility, designed to be a permanent residence, built
prior to enactment of the Federal Manufactured Home Construction and
Safety Standards. Such structure has a chassis, axles and a hitch
which are part of the structure and which may reasonably be equipped
with wheels for transporting the structure from place to place. (Does
not include recreational vehicles or travel trailers.)
A factory fabricated building unit, exclusive of manufactured
homes and mobile homes, designed to be incorporated with one (1) or
more similar units at a building site into a modular structure to
be used for residential purposes. Such a modular unit is delivered
with a seal issued by the Missouri Public Service Commission certifying
the unit as a modular structure and also with a purchaser's certificate
of compliance certifying that the unit as a modular structure has
been constructed to applicable standards by the Missouri Public Service
Commission for modular units.
A structure composed of a single spire used to support telecommunications
equipment and antennas. Generally, constructed of steel and at heights
typically ranging from twenty (25) to one hundred twenty-five (125)
feet. The structure is usually circular in sections, with base diameters
increasing with height and loads from about twenty-four (24) to about
forty-eight (48) inches.
Any building or group of buildings containing guest rooms
or dwelling units, some or all of which have a separate entrance leading
directly from the outside of the building with garage or parking space
located on the lot, and designed, used, or intended wholly or in part
for the accommodation of automobile transients.
Plant life or total plant cover indigenous to the surrounding
area.
A channel formed in the existing surface topography of the
earth prior to changes made by unnatural conditions.
See CONSTRUCTION, NEW.
See MANUFACTURED HOME SUBDIVISIONS.
A commercial establishment dispensing alcoholic beverages
for consumption on the premises and where a dance floor or entertainment
is provided.
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 ordinance.
An enterprise that conducts the retail and/or wholesale sales
of trees, shrubs, flowers and grasses grown on or off the premises
for transplanting as well as accessory items. Accessory products for
sale may include, but are not limited to, fertilizers, mulch, edging
material, top soil. Services associated with the nursery include landscape
design and installation of materials sold from the nursery.
See DAYCARE CENTER.
See PRESCHOOL.
Any premises which provides twenty-four (24) hour accommodation,
board, personal care, and nursing care or skilled nursing care services
under the daily supervision of a licensed nurse or registered professional
nurse and under the direction of a licensed physician to the aged
or infirmed; but not including hospitals, clinics, or similar institutions
devoted primarily to the diagnosis and treatment of the sick or injured.
See BILLBOARD.
See SIGN (ON-PREMISE).
The base flood having a one percent (1%) chance of annual
occurrence.
A constructed ditch or channel designed for water flow.
Area within a development which can be graded, landscaped
or left in its natural state and is intended to be maintained for
active or passive recreational use. Such areas shall be grassed and
landscaped or covered only for a recreational purpose. Roofs, driveways,
parking areas, required landscaped areas and required setbacks shall
not constitute open space.
Storage of material or goods on the ground outside a building.
A district which acts in conjunction with the underlying
zoning district or districts. The original underlying zoning district
designation does not change.
A separately designated area of land delineated by identifiable
legally recorded boundary lines.
A surfaced area, enclosed or unenclosed, sufficient in size
to store one (1) automobile, and not less than nine (9) feet wide
and nineteen (19) feet long, together with a parking aisle or driveway
connecting the parking space with a street, road, or alley, and permitting
ingress and egress for automobiles.
A motor vehicle designed for carrying ten (10) persons or
less and used for the transportation of persons; except that, the
term "passenger car" shall not include motorcycles, motorized bicycles,
motor tricycles, ATV's, recreational vehicles and trucks that meet
the definition of a commercial vehicle.
Escrow agreement, lender's agreement, certified check or standby letter of credit as required by Chapter 410 or 412, including surety bond provided in Chapter 405, and authorized by ordinance to secure installation of improvements or erosion and sediment controls.
[Ord. No. 18-015 § 1, 1-29-2018; Ord.
No. 22-073, 11-14-2022; Ord. No. 22-086, 11-28-2022]
A test designed to determine the ability of ground to absorb
water, and used to determine the suitability of a soil for drainage
or for the use of a septic system.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
An establishment which offers specialized goods or services
purchased frequently by the consumer. Included are barbershops, beauty
shops, massage facilities, chiropractic clinics, garment repair, laundry
cleaning, pressing, dyeing, tailoring, shoe repair, and other similar
establishments.
A domesticated animal kept for pleasure rather than utility.
Small animals including fish or fowl permitted in the house or yard
and are customarily kept for personal use or enjoyment within the
home. Shall include but not be limited to: dogs, cats, rabbits, small
mammals, common aquarium animals, fish, domestic tropical birds (i.e.
canaries, parrots, parakeets), rodents and animals which may be classified
as "domestic other" (not defined as exotic or wild animals). The number
of particular type of pet may be further regulated under Exhibit 1,
Permitted Animal Regulations.
An animal that may be considered appropriate as a pet which
is not classified as an exotic or wild animal. The animal is kept
for personal use and is customarily kept within the home. This classification
may include such animals as pot bellied pigs, ferrets, or other animals
that may be allowed as pets by the County Community Health and the
Environment Director.
A planned development district is a comprehensively planned
development containing residential, commercial, industrial, and/or
other land uses on an area of land in single, partnership, or corporate
ownership, and under unified control.
A single parcel or contiguous parcels of land intended to
be developed in accordance with an overall design plan (preliminary
development plat), which may or may not have a mixture of land uses.
St. Charles County Planning and Zoning Commission.
A map, plan, or layout of a subdivision indicating to scale
the location and boundaries of individual properties.
A plat which depicts a change in a recorded subdivision that
affects any lot line, provided that no new lot or illegal zoning lot
is created.
A map of land subdivision prepared in form suitable for filing
of record with necessary affidavits, dedications, and acceptances,
and with complete bearings and dimensions of all lines defining lots
and blocks, streets and alleys, public areas, and other dimensions
of land.
Preliminary engineering maps, drawings, or charts, and supportive
material indicating the proposed layout of the subdivision.
A final plat which depicts a change in a recorded final subdivision
plat that affects any street layout, easement of access, right-of-way,
design concept, or creates a new lot, provided that no illegal zoning
is created.
A sign identifying and urging voter support for a particular
election issue, political party or candidate for public office.
A pre-kindergarten school for children, primarily between
the ages of three (3) and five (5).
A meeting announced and advertised in advance and open to
the public, with the public given an opportunity to talk and participate.
A place where rock, ore, stone, and similar materials are
excavated for sale or off-tract use.
Predominantly participant recreational uses conducted in
the open or partially enclosed facilities. Typical uses include swimming
pools, tennis courts, racquetball courts, athletic fields, archery
ranges and shooting ranges. Enclosed facilities providing accessory
functions including concessions, locker rooms, restrooms and indoor
space for those activities that are provided outdoors shall be permitted.
The total area of the enclosed structures shall not exceed three percent
(3%) of the total site area.
A commercial recreational use conducted entirely within a
building, including arcade, arena, athletic clubs, fitness and health
clubs, auditorium, bowling alley, gymnasium, billiard hall, skating
rink, swimming pool, basketball, soccer, volleyball, racquetball,
handball, tennis court.
Any recreational vehicle, motorized off-road vehicle, any
watercraft regardless of propulsion, or any trailer designed or customarily
used to transport such off-road vehicle or watercraft. See also RECREATIONAL
VEHICLE.
[Ord. No. 16-018 §1, 2-29-2016]
Uses for the conduct of sports, leisure-time activities,
and other customary and usual recreational activities.
A vehicle which is:
Built on a single chassis;
Four hundred (400) square feet or less, when measured at the
largest horizontal projection;
Designed to be self-propelled or towable by a vehicle; and
Designed primarily as temporary living quarters for recreational,
camping, travel, or seasonal use, but not for use as a permanent dwelling.
A facility at which recyclable and recoverable material already
separated from the waste stream is deposited, collected, and prepared
for shipment elsewhere. Treatment of the collected material is limited
to that which is necessary to prepare it for shipment, such as dismantling,
crushing, shredding, and compacting. No manufacturing or conversion
of the material into another product is allowed at a recycling center.
A collection or drop-off facility designed to allow turn-in
of recyclable or reusable materials. Such a facility may utilize outdoor
collection receptacles, such as bins, boxes, cans, kiosks, and igloos,
as well as collection vans and trailers. A recycling collection facility
must be maintained free of litter, and all collected material must
be secure from unauthorized removal. A recycling collection facility
may not process or treat the collected material other than ordinary
sorting, baling, and similar preparation for shipment elsewhere. The
total area utilized by a recycling collection facility shall not exceed
five hundred (500) square feet.
Any hazardous substances, extremely hazardous substances,
or liquid petroleum products which are more particularly defined as
follows:
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.
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.
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.
Elevation indicated on the Flood Insurance Rate Map as the
elevation of the 100-year flood.
An elevation one (1) foot above the regulatory flood elevation.
Any single or multi-family living space containing kitchen
and bathroom facilities and which is used, or intended by design to
be used, by one (1) or more persons as a place of occupancy.
The main residential structure on the property which has
kitchen and bedroom facilities, not including any detached buildings.
A facility at which recyclable and recoverable material is
separated and removed from the waste stream for reuse or remanufacture.
Once removed from the waste stream, the material is processed for
shipment elsewhere. Said processing may include shredding, crushing,
baling, grinding, and compacting, as well as manufacturing or converting
the material into another product.
An establishment where food and drink are prepared, served,
and consumed by persons seated within the building (this includes
cafes, cafeterias, ice cream parlors, and tea rooms).
Restaurants where customers order and are served their food
at a counter or in a motor vehicle in packages prepared to leave the
premises, or able to be taken to a table or counter to be consumed.
A pond, lake or basin used for the permanent storage of water
runoff without release except by means of evaporation, infiltration
or emergency by-pass.
A dedication of land to be used generally for streets, alleys,
or other public uses, wherein the owner gives up owner's rights to
the property as long as it is being used for the dedicated purpose.
Right-of-way is also a land measurement term meaning the distance
between lot property lines which generally contains not only the street
pavement, but also the sidewalks, grass area, underground utilities,
and sometimes above ground utilities.
A boat or ferry, whether floating or permanently docked,
licensed by the Missouri Gaming Commission, on which gambling activities
are allowed.
The entire improved portion of the street, including shoulders,
parking lanes, travel ways, curbs, and gutters which lie between the
right-of-way lines.
A permanent or seasonal commercial activity drawing clients
or customers to a rural property either for such recreational purposes
as picking produce for purchase (pick-your-own apple orchards or pumpkin
farms, for example), visiting pumpkin patches or corn mazes or petting
farms, taking sleigh or hay-wagon rides.
[Ord. No. 17-056 § 1, 6-15-2017; Ord. No. 17-092 § 1, 10-17-2017]
A parcel of land on which waste material, dismantled or inoperative
vehicles, equipment, and other machinery is collected, stored, salvaged,
or sold.
Land used or intended to be used, let, leased, rented, or
sold for occupancy by the establishment of a landfilling method of
disposing of garbage, rubbish, and ashes on land without nuisance,
fire, or public health hazard.
Solid material, mineral or organic, that has been moved by
erosion and deposited in a location other than the point of origin.
A private non-profit organization open to some persons outside
the regular constituency (i.e., American Legion and VFW).
The distance between the street right-of-way line and the
front line of a building or any projection thereof, excluding uncovered
steps.
The line parallel to the front, side, or rear lot line establishing
the minimum space to be provided as the front, street, or shoreline
of a lake or a river.
The distance between the property line and the building or
any projection thereof.
A commercial establishment other than a hotel, motel, or
similar establishment offering public accommodations which, for any
form of consideration, provides a place where two (2) or more persons
may congregate, associate, or consort in connection with specified
sexual activities or the exposure of specified anatomical areas. This
definition does not include an establishment where a medical practitioner,
psychologist, psychiatrist, or similar professional person licensed
by the State engages in sexual therapy.
An adult arcade, adult bookstore, adult novelty store, adult
video store, adult cabaret, adult motel, adult motion picture theater,
adult theater, escort agency, massage parlor or sexual encounter establishment.
A low, woody plant, either evergreen or deciduous, with a
mature height usually less than ten (10) feet, having several stems
but no trunk.
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted, or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
See BILLBOARD.
Any words, numerals, figures, devices, designs, or trademarks
by which information is made known concerning the existence of a commercial
enterprise, service, or other activity conducted, sold, or offered
on the premises on which the sign is erected.
A lot or parcel of land, or a contiguous combination thereof,
where grading work is performed as a single unified operation.
Altering terrain and/or vegetation and constructing improvements.
A drawing or plan illustrating a proposed development and
prepared in accordance with the regulations outlined in the various
Sections of the ordinance, with special reference to Part 4, Section
405.525, Site Plan Review.
A facility for the shooting of clay pigeons. The clay targets
are sprung from a trap away from the shooter, or are thrown in such
a way as to simulate the angles of the flight of birds.
Deciduous trees or shrubs with a mature height of ten (10)
to thirty (30) feet.
Any of the following:
Bare human male or female genitals, buttocks, anus or pubic
area with less than full opaque clothing covering;
The female breast below a horizontal line across the top of
the areola, or a simulation thereof, at its highest point with less
than fully opaque clothing covering. This definition shall include
the entire lower portion of the human female breast, but shall not
include any portion of the cleavage of the human female breast, exhibited
by a dress, blouse, shirt, leotard, bathing or swimsuit, or other
wearing apparel, provided the areola is not exposed in whole or in
part; or
The covered male genitals in a discernibly turgid state.
Any of the following:
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breasts;
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, masturbation, or sodomy; or
Excretory functions as part of or in connection with any the
activities set forth in (1) through (2) above.
A structure designed for the feeding, housing and exercising
of horses not owned by the owner of the premises where the owners
of the horses on the property train the horses and the horses are
not utilized for remuneration or hire.
An accessory building for the keeping of horses, ponies,
or mules owned by occupants of the premises, and not kept for remuneration,
hire, or sale.
A facility used principally for pleasure riding, polo or
driving of horses and ponies which may also include uses such as shows
in riding arenas and the training, hire or sale of horses or ponies
as additional uses to the principal use of the facility.
See CONSTRUCTION, START OF.
Any telecommunication tower that is integrated as an architectural
feature of a structure so that the purpose of supporting antennas
is not readily apparent to a casual observer.
A facility designed and installed to intercept, detain, retain,
infiltrate, evaporate, transpire, filter, and/or convey surface storm
water runoff, including but not limited to such facilities as detention
basins, storm water harvesting facilities, rain gardens, bio-swales,
bio-retention basins, engineered wetlands, sand and other proprietary
filter systems, pervious pavement, etc., for the purposes of removing
pollutants, reducing or controlling storm water volume and rate, maintaining
pre-development hydrology, and/or flood control.
[Ord. No. 20-098, 12-21-2020]
The top of the natural incline bordering a natural watercourse.
A thoroughfare which affords principal means of access to
property abutting thereon, and including all State and County highways.
Collector streets interconnect the major arterial system
with local streets; provide internal circulation within residential,
commercial, and industrial areas; provide access to abutting properties;
and have a moderate volume and design capacity and travel speeds.
A short, minor, local street, having only one (1) end for
vehicular traffic, and the other permanently terminated by a turnaround
for vehicles.
Minor streets provide access to abutting properties, have
relatively short travel distance, and have a low-volume design capacity
and travel speeds.
The line separating a lot, tract, or parcel of land from
the contiguous right-of-way of a street.
Any change which would prolong the life of the supporting
member of a building or structure, such as bearing walls, columns,
beams, or girder, not including openings in bearing walls permitted
by other ordinances.
Anything erected, reconstructed, altered, repaired, relocated,
or portable, the use of which requires a location on a parcel of land.
It includes a movable structure: it is located on land which can be
used for housing, business, commercial, industrial, agricultural,
or office purposes, either temporarily or permanently.
Any person, firm, partnership, association, corporation,
estate, trust, or any other group or combination acting as a unit,
dividing or proposing to divide land so as to constitute a subdivision
as defined herein.
Shall, for the purpose of these regulations, be the division
of a tract of land:
Into three (3) or more lots, tracts, sites or parcels, where
each of which are less than ten (10) acres in area, providing that
no illegal zoning lot is created; or
The division of a tract of land into any number of lots, tracts,
sites or parcels of any size in which a public street is to be dedicated,
reserved, platted, opened, or constructed, or the dedication or platting,
or recording of any streets; or
The division of a tract of land into three (3) or more lots,
tracts, sites or parcels which front on and utilize an easement of
access.
Damage of any origin sustained by a structure, whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed fifty percent (50%) of the market value of the structure
before the damage occurred.
An increase in floor areas occupied by the business by more
than twenty-five percent (25%), as the floor areas exist on the date
this Article takes effect.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds fifty percent
(50%) of the market value of the structure before "start of construction"
of the improvement. This term includes structures which have incurred
"substantial damage" regardless of the actual repair work performed.
The term does not, however, include either:
Any project for improvement of a structure to correct existing
violations of State or local health, sanitary, or safety code specifications
that have been identified by the local Code Enforcement Official and
which are the minimum necessary to assure safe living conditions,
or
Any alteration of a "historic structure", provided that the
alteration will not preclude the structure's continued designation
as a "historic structure", or
An improvement that does not require a building permit under
applicable codes enacted in Title V, Ordinances of St. Charles County,
Missouri.
Any method of placing ink or other pigment into or under
the skin or mucosa by the use of needles or any other instruments
used to puncture the skin, resulting in permanent coloration of the
skin or mucosa. This includes all forms of cosmetic tattooing.
The practice of physical body adornment by any method including, but not limited to, the following: body piercing, tattooing, cosmetic tattooing, branding and scarification. This definition does not include practices that are considered medical procedures by a State Medical Board, such as implants under the skin. This definition also does not include ear piercing as fully defined in Section 645.080(B).
Any place of business which performs tattooing and body piercing.
An unmanned facility consisting of equipment buildings, shelters
or cabinets, accessory equipment, and an existing or new structure
or tower to support antennas used for the reception, switching, and/or
transmission of wireless communications, including, but not limited
to, paging, enhanced specialized mobile radio (ESMR), Personal Communications
Services (PCS), domestic public cellular radio telecommunications
service (Traditional Cellular), and similar technologies.
A lattice-type, guyed or monopole structure that supports
one (1) or more antennas.
The placement of more than one (1) telecommunication tower
on a lot.
A one (1) family dwelling in a row of at least three (3)
such units in which each unit has its own front and rear access to
the outside, no unit is located over another unit, and each unit is
separated from any other unit by one (1) or more common fire-resistant
walls.
A vehicle standing on wheels, towed or hauled by another
vehicle and used for carrying materials, goods or objects.
Any of the following:
The sale, lease, or sublease of the business;
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange, or similar means; or
The establishment of a trust, gift, or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
A facility at which municipal solid waste is unloaded from
small collection vehicles and loaded onto a larger means of transport
for hauling. A trash transfer station may or may not be operated in
conjunction with a resource recovery facility.
A vehicular portable structure designed as a temporary dwelling
for travel, recreational, and vacation uses.
A parcel of land under a single ownership that has been planned
and improved for the placement of travel trailers and recreational
vehicles.
The area in square feet of a tree's spread. Existing tree
canopy is determined by measuring the ground's surface area that is
covered by the branch spread of a single tree. Ultimate tree canopy
is determined by assigning the following values for planted trees:
one thousand (1,000) square feet for a large deciduous tree, seven
hundred (700) square feet for each medium deciduous tree or conifer
and three hundred (300) square feet for each small flowering tree.
All land within the canopy drip line of a tree.
See DWELLING, TWO-FAMILY.
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 within Part 7 of this Chapter 405, Sections 405.590 et seq. Also, a grant of relief by the community from the terms of a floodplain management regulation. Flood insurance requirements remain in place for any varied use or structure and cannot be varied by the community.
Area of plant life or total plant cover established adjacent
to and in order to protect a natural watercourse.
A parcel of land or a building that is used for the temporary
storage of wrecked motor vehicles or vehicles towed due to a law enforcement
directive. Vehicles stored at the facility are to be claimed by title
holders or their agent. No vehicle shall remain on the property for
a period to exceed ninety (90) days.
Typically an attached row of houses. Two (2) or more single-family
dwellings sharing common wall areas, each on its own individual lot
with a front and rear yard.
The failure of a structure or other development to be fully complaint with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required by this Chapter or Chapter 410 is presumed to be in violation until such time as that documentation is provided.
A structure for use as a storage place for goods, materials,
or merchandise.
A building containing individual storage areas which may
be rented or leased for a period of time.
Any mechanism or device designed for the purpose of converting
wind energy into electrical or mechanical power.
The use of more than one (1) wind turbine on a parcel that
converts wind energy into electrical power for the primary purpose
of resale.
Any establishment that makes more than two hundred (200)
gallons of wine annually, including grape crushing, fermenting, and
bottling, with or without subsidiary accessory uses, including, but
not limited to, the sale of wine and related products, public wine
tasting, sale and service of food, and tours of the winery. Any such
establishment shall have five (5) acres or more of wine grapes cultivated
on the premises. All wine produced at the winery must be produced
under a State of Missouri domestic winery license. At least fifty
percent (50%) of the grapes used in the wine produced on site must
be grown within St. Charles County.
[Ord. No. 14-072 §1, 7-14-2014]
A facility accessory to and on the same tract of land as
a duly permitted and functioning winery that is for the weekly sale
by multiple vendors of produce and that may also be for the weekly
sale by multiple vendors of other food and craft products or for instruction
or demonstration of cooking or farming skills.
A hotel or motel that is accessory to and on the same tract of land as a duly permitted and functioning winery, that has no more than three (3) sleeping rooms for each five (5) acres of that tract of land, and that does not include a food establishment as defined and regulated by the St. Charles County Food Code, Chapter 230, Ordinances of St. Charles County, Missouri.
Any tree canopy over five thousand (5,000) square feet having
at least thirty percent (30%) of the trees with a caliper of at least
two and one-half (2½) inches.
Ultimate woodland tree canopy is determined by assigning
two hundred (200) square feet for each tree within a designated woodland.
An open space, other than a court on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Chapter or Chapter 410.
A yard across the full width of the lot extending from the
front line of the main building to the front line of the lot.
A yard between the rear lot line and the rear line of the
main building and the side lot lines.
A yard across the full width of the lot extending from the
minimum front yard setback distance to the front line of the lot.
A yard between the main building and the adjacent side line
of the lot, and extending entirely from a front yard to the rear yard.
A series of maps of unincorporated St. Charles County with all notations, dimensions, references, and symbols shown thereon depicting the individual zoning districts in accordance with Section 405.065.
[1]
Editor's Note—For designation of the division of planning and zoning, see ord. no. 02-204 adopted 12-23-2002 set out in ch. 132 of this code and ord. no. 03-195 adopted 12-31-2003.
[2]
Editor's Note: The former definition of "cabin," which immediately
followed this definition, was repealed 11-14-2022 by Ord. No. 22-073.
[3]
Editor's Note: At the County's direction, the definitions
of "camping," "camping cabin," "campgrounds," "cottage," and "dwelling"
were brought back to the amendments set out in Ord. No. 22-073 as
a scribner's error.
