[R.O. 2011 §400.010; Ord. No. 054-87 §1, 10-21-1987]
This Chapter shall be known and may be cited and referred to
as the Zoning Ordinance of the City of Byrnes Mill, Missouri.
[R.O. 2011 §400.020; Ord. No. 054-87 §I, 10-21-1987; Ord. No. 094-88 §I, 7-6-1988; Ord.
No. 114-88 §I, 12-7-1988; Ord. No. 299-93 §I, 12-1-1993; Ord.
No. 332-94 §I, 10-19-1994; Ord. No. 459-01 §1, 1-3-2001; Ord.
No. 618-06 §1, 1-4-2006; Ord. No. 795-12 §1, 8-15-2012]
For the purpose of this Chapter, certain terms and words are
hereby defined. Words used in the present tense include the future;
the singular number shall include the plural, and the plural the singular;
the word "building" shall include the word "structure"; and the word "shall" is mandatory
and not directory.
A subordinate building, or a portion of the main building
or use, which is incidental to the principal building or use which
is located on the same lot as the principal building or use.
The use of land or buildings for agricultural purposes, including
farming, dairying, pasturage, agriculture, floriculture, viticulture,
and animal and poultry husbandry and the necessary accessory uses
for packing, treating or storing the produce raised on the premises;
provided however, that the operation of such accessory uses shall
be secondary to that of normal agricultural activities and further
provided that the above uses shall not include the commercial feeding
of garbage or offal to swine or other animals.
A public thoroughfare which affords only a secondary means
of access to abutting property.
A room or a suite of rooms within an apartment house arranged,
intended or designed for a place of residence of a single-family or
a group of individuals living together as a single housekeeping unit.
See dwelling, multiple.
A story whose floor is more than twelve (12) inches but not
more than one-half (½) its clear height below the average level
of the adjoining ground. A basement, when used as a dwelling, shall
be counted as a story for purposes of minimum side yard determination.
A unit of property bounded by streets, or by streets and/or
railroad rights-of-way, waterways or other barriers.
A building or place where rooming, lodging, or lodging and
boarding are provided (or which is equipped to regularly provide such
services) by pre-arrangement for definite periods and for compensation.
A boarding, lodging or rooming house may have accommodations for three
(3) or more persons, but not more than nine (9) persons. A boarding,
lodging, or rooming house as distinguished from a hotel which is open
to transients and has accommodations for ten (10) or more persons.
A structure having a roof supported by columns or walls for
the shelter, support, enclosure or protection of persons, animals,
chattels or property, but not including any vehicle, trailer (with
or without wheels) nor any movable devices such as furniture, machinery,
or equipment.
The vertical distance from the grade to the highest point
of the coping of a flat roof, or to the deck line of a mansard roof,
or to the mean height level between eaves and the ridge for gable,
hip or gambrel roofs.
A story having more than one-half (½) of its height
below grade. A cellar shall not be counted as a story for the purposes
of height regulation.
Any place, home or institution which receives five (5) or
more children under the age of sixteen (16) years, and not of common
parentage, for care apart from their natural parents, legal guardians
or custodians, when received for regular periods of time for compensation;
provided however, this definition shall not include public and private
schools organized, operated or approved under the laws of this State,
custody of children related by blood or marriage within the third
(3rd) degree of the custodian person, or to churches or other religious
or public institutions caring for children within the institutional
building while their parents or legal guardians are attending services
or meetings or classes or engaged in church activities.
A building or portion thereof or premises owned or operated
by a corporation, association, person or persons for social, educational
or recreational purpose, but not primarily for profit or to render
a service which is customarily carried on as a business.
Any business of a commercial nature that has as its primary
function the direct sale of goods or services to the general public.
Conditional use applies to a use that is on the list of permitted
uses for a particular zone but zoning approval or use within the zone
comes with additional stipulations (or conditions). It is recommended
by Planning and Zoning and must be approved by the Board of Aldermen.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions. Real estate is not a condominium
unless the undivided interests in the common elements are vested in
the unit owners.
A section or sections of the City of Byrnes Mill for which
the regulations governing the use of buildings and premises, the height
of buildings, the size of yards, and the intensity of the use are
uniform.
Any building or portion thereof which is designed and used
exclusively for residential purposes.
One (1) of a series of attached dwellings designed exclusively
for occupancy by one (1) family and located on individually subdivided
lots of record. Attached single-family dwellings may be of condominium
type, so long as each unit is located on an individual lot of record
to be conveyed as part of the property which each occupies.
A building or portion thereof arranged, intended or designed
for occupancy by three (3) or more families, and including apartment
houses and row houses.
A detached building arranged, intended or designed for occupancy
by one (1) family.
A building arranged, intended or designed for occupancy by
two (2) families.
One (1) or more persons related by blood, marriage or adoption,
occupying a dwelling unit as an individual housekeeping unit and not
more than two (2) other persons not related by blood, marriage or
adoption, or a group of not more than three (3) persons not related
by blood, marriage or adoption and living together as a single housekeeping
organization in a dwelling unit.
The total number of square feet of floor space within the
exterior walls of a building, not including space in cellars, basements,
porches, carports, or garages. However, if the cellar or basement
is used for business or commercial purposes, it shall be counted as
floor area in computing off-street parking requirements.
Any building or premises, except those used as a private
or storage garage, used for equipping, repairing, hiring, selling
or storing motor driven vehicles. The term repairing shall not include
an automotive repair shop for the rebuilding, dismantling, or storage
of wrecked or junked vehicles.
A detached accessory building, or portion of the main building,
housing the motor driven vehicles of the occupants of the premises,
provided that no business, occupation, or service is conducted for
profit therein nor space therein for more than one (1) car is leased
to a non-resident of the premises.
The average level of the finished surface of the ground adjacent
to the exterior walls of the building, except when any wall approximately
parallels and is not more than five (5) feet from a street line, then
the elevation of the street at the center of the wall adjoining the
street shall be grade.
Any home in which eight (8) or fewer unrelated mentally or
physically handicapped persons reside, and may include two (2) additional
persons acting as houseparents or guardians who need not be related
to each other or to any of the mentally or physically handicapped
persons residing in the home.
Any occupation or activity which is clearly incidental and
secondary to the use of the premises for dwelling purposes and which
is carried on by a member of the family residing on the premises,
is employed, no stock in trade is kept, or commodities sold, no internal
or external alteration or special construction of the premises are
involved, no equipment shall be used which creates offensive noise,
vibration, sound, smoke, dust, odors, heat, glare, x-ray or electrical
disturbance to radio or television instruments, no generation of substantial
volume of vehicular or pedestrian traffic or parking demand is created,
and in connection with which there is no advertising sign displayed
other than a nameplate not exceeding two (2) square feet in area,
and there is no other exterior indication that the building is being
used for any other purpose other than a dwelling.
An institution licensed by the State of Missouri and providing
health services primarily for in-patient medical or surgical care
of the sick or injured and including related facilities such as laboratories,
out-patient departments, training facilities, central service facilities
and staff offices which are an integral part of the facility, provided
such institution is operated by or treatment is given under direct
supervision of a licensed physician.
An industrial park is a tract of land suitable for industrial
use because of location, topography, proper zoning, availability of
utilities, and accessibility to transportation, the control and administration
of which are vested in a single body.
The uses permitted are regulated by protective minimum restrictions
including size of site, parking and loading regulations, and building
setback lines from front, side and rear yards.
The terms "industry" and "industrial" as used in this Chapter, are restricted to establishments primarily
involved in product manufacturing and processing, heavy equipment
uses, and warehousing. It does not include retail.
Any lot on which personal property is or may be salvaged
for refuse, resale, or reduction or similar disposition and is owned,
possessed, collected, accumulated, dismantled or assorted including
but not limited to used or salvaged base materials, their compounds
or combinations, used in salvaged rope, bags, paper, rags, glass,
rubber, lumber, mill work, brick and similar property, except animal
matter, and used motor vehicles, machinery or equipment which is used,
owned or possessed for the purpose of wrecking or salvaging parts
therefrom.
Any lot on which four (4) or more dogs and/or cats at least
four (4) months of age are kept or boarded for commercial purposes.
A parcel of land occupied or intended for occupancy by a
use permitted in this Chapter, including one (1) main building together
with its accessory building, open spaces, and parking spaces required
by this Chapter, and having its principal frontage upon a street or
upon an officially approved place.
A lot abutting upon two (2) or more streets at their intersections.
That percentage of a lot which, when viewed from above, would
be covered by a structure or structures, on any part thereof, excluding
roof eaves.
The mean (average) horizontal distance between the front
and the rear lot lines.
A lot having a frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
A lot whose sides do not abut upon any street.
A lot which is a part of a subdivision, the map of which
has been recorded in the office of the County Recorder of Jefferson
County, Missouri or a lot or parcel of land, the deed of which has
been recorded in the office of the County Recorder of Jefferson County,
Missouri prior to the adoption of this Chapter.
A division of one (1) lot into two (2) lots.
A factory-built structure or structures which, in the traveling
mode, is eight (8) body feet or more in width or forty (40) body feet
or more in length, or when erected on site contains three hundred
twenty (320) or more square feet, equipped with the necessary service
connections and made so as to be readily movable as a unit or units
on its or their own running gear and designed to be used as a dwelling
unit or units with or without a permanent foundation. The phrase "without
a permanent foundation" indicates that the support system is constructed
with the intent that the manufactured home placed thereon may be moved
from time to time at the convenience of the owner. For purposes of
this Chapter, the term "manufactured home" shall
also be deemed to include what is referred to as a "mobile home" within
the Municipal Code of the City of Byrnes Mill, a mobile home being
a transportable, factory-built home designed to be used as a residential
dwelling and built prior to the enactment of the Federal Manufactured
Home Construction Safety Standards Act of 1974, which became effective
June 15, 1975. This definition shall not include a structure that
is manufactured to be delivered to a specific location and placed
on a permanent foundation which said structure is thereafter not designed
to be readily moved from time to time at the convenience of the owner.
Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
resin extracted from the plant and marijuana infused products. "Marijuana"
does not include industrial hemp containing a crop-wide average tetrahydrocannabinol
concentration that does not exceed three-tenths of one percent (3/10
of 1%) on a dry weight basis, or commodities or products manufactured
from industrial hemp.
[Ord. No. 909-19, 10-2-2019]
Products that are infused with marijuana or an extract thereof
and are intended for use or consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures and concentrates.
[Ord. No. 909-19, 10-2-2019]
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport, and sell marijuana to a Medical
Marijuana Dispensary Facility, Medical Marijuana Testing Facility,
or to a Medical Marijuana-Infused Products Manufacturing Facility.
[Ord. No. 909-19, 10-2-2019]
A facility licensed by the State of Missouri to acquire,
store, sell, transport, and deliver marijuana, marijuana-infused products
and drug paraphernalia used to administer marijuana in accordance
with applicable law and regulations.
[Ord. No. 909-19, 10-2-2019]
A facility licensed by the State of Missouri, to acquire,
store, manufacture, transport, and sell marijuana-infused products
to a Medical Marijuana Dispensary Facility, a Medical Marijuana Test
Facility, or to another Medical Marijuana-Infused Products Manufacturing
Facility.
[Ord. No. 909-19, 10-2-2019]
A facility certified by the State of Missouri to acquire,
test, certify, and transport marijuana.
[Ord. No. 909-19, 10-2-2019]
Mobile home park means a contiguous parcel of land which
has been developed for the placement of two (2) or more mobile homes
and is owned by an individual, a firm, trust, partnership, public
or private association or corporation.
A transportable building unit designed to be used by itself
or to be incorporated with similar units at a point-of-use into a
modular structure to be used for residential, commercial, educational
or industrial purposes. This definition shall not apply to structures
under six hundred fifty (650) square feet used temporarily and exclusively
for construction site office purposes. A modular unit or modular home
is a structure to be placed on a permanent foundation which said structure
is thereafter not designed to be readily moved from tine to time at
the convenience of the owner.
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
conveniently located on the lot, and designed, used, or intended wholly
or in part for the accommodation of transients in automobiles.
Any building or structure, or land lawfully occupied by a
use at the time of passage of this Chapter or amendment thereto which
does not conform after December 7, 1988 or amendment thereto with
the regulations of the district in which it is situated.
A home for the aged or infirm, in which three (3) or more
persons not of the immediate family are received, kept or provided
with food, shelter or care, for compensation; but not including hospitals,
clinics, or similar institutions devoted primarily to the diagnosis,
treatment or care of the sick or injured.
A place where business or services for others is transacted
and not a place where chattel or goods, wares, or merchandise are
commonly created, exchanged or sold.
An open, unoccupied space, used or required for use exclusively
for the parking of vehicles, and in which no gasoline or vehicular
accessories may be sold, nor other business conducted, nor fees charged.
An open, surfaced area used exclusively for the temporary
storage of motor vehicles.
An area, enclosed or unenclosed, sufficient to store one
(1) automobile, together with a driveway connecting the parking space
with a street, road or alley and permitting ingress and egress of
an automobile. An off-street parking space shall have minimum dimensions
of nine (9) feet by twenty (20) feet, exclusive of driveways.
A map, plan or layout of a City, township, section or subdivision
indicating the location and boundaries of individual properties.
A covered entrance to a building, usually with a separate
roof, that may or may not be enclosed, or a roofed, open gallery attached
to the exterior of the building.
A lot, together with all buildings and structures thereon.
A building or facility owned or operated by a general unit
of local, State or Federal government; or a building or facility under
the laws of the State of Missouri; or a building or facility operated
or used by a non-profit organization and open to general use by the
public.
Athletic fields, including but not limited to, baseball, softball,
soccer, football, field hockey and/or other such similar uses.
Golf courses and other golf related activities such as, but
not limited to, driving ranges and miniature golf.
Other, typical outdoor sports and recreational activities including
swimming, fishing, tennis, handball, boating, archery, horseback riding
and boarding or other such similar uses but not including hunting,
any uses requiring a firearm.
Uses requiring mechanized apparatus including, but not limited
to, go-carts, bumper boats, batting cages or similar apparatus and
remote controlled motorized devices including, but not limited to
airplanes, automobiles, boats.
Facilities that enclose indoor sporting and recreational uses
such as clubs with facilities for tennis, racquetball, handball, swimming,
gymnasium, fitness center, indoor running track and other such similar
uses.
A group of architecturally unified commercial establishments
built on a site which is planned, owned, and managed as an operating
unit related in its location, size, and type of shops to the trade
area that the unit serves. The unit provides on-site parking in definite
relationship to the types and total size of the stores.
An identification, description, illustration or device which
is affixed to or represented directly or indirectly upon a building,
structure, or land, and which directs attention to a product, place,
activity, person, institution, or business, or which provides general
information.
Special use is a use that is not on the list of permitted
uses for a particular zone is therefore not allowed under normal circumstances.
It may be recommended by Planning and Zoning and must be approved
by the Board of Aldermen.
That portion of a building, other than a cellar, included
between the surface of any floor and the surface of the floor next
above it, or if there is no floor above it, then the space between
the floor and the ceiling next above it.
A space under a sloping roof which has the line of intersection
of roof decking and wall face not more than three (3) feet above the
top floor level, and in which space not more than sixty percent (60%)
of the floor area is finished off for use. A half story may be used
for occupancy only in conjunction with and by the occupancy of the
floor immediately below.
All property dedicated or intended for public or private
use for the passage of motor vehicles that is not wholly contained
within a single lot.
Any change in the supporting members of a building, such
as bearing walls, or partitions, columns, beams or girders, or any
substantial change in the roof or in the exterior walls, excepting
such repair or replacement as may be required for the safety of the
building, but not including an opening in bearing walls as permitted
by existing ordinances.
Anything constructed or erected, the use of which requires
more or less permanent location of the ground or attached to something
having a permanent location on the ground and including but not limiting
the generality of the foregoing, advertising signs, billboards, backstops
for tennis courts, and pergolas (projecting roofs).
A division of one (1) lot into more than two (2) lots.
A pool or tank, especially an artificial pool or tank, intended
and adapted for swimming and held out as a swimming pool meeting the
guidelines set forth in the currently adopted Building Code. All such
pools are required to conform with all applicable yard requirements
for the zone in which they are located.
An area where one (1) or more tents or auto trailers can
be or are intended to be parked, designed or intended to be used as
temporary living facilities of one (1) or more families, and intended
primarily for automobile transients.
One (1) of a series of three (3) or more attached single-family
dwellings, two (2) or three (3) stories in height, which are separated
horizontally from one another by solid partition walls extending from
basement to roof without opening, and which fronts on a public street
or other approved place and has both a front and a rear yard.
One (1) of a series of three (3) or more attached dwellings,
two (2) or three (3) stories in height, for single-family occupancy
which are separated from one another by partition walls extending
from basement to roof without openings, but which are not located
or sited on individual subdivided lots.
The purpose for which land or a building is arranged, designed
or intended, or for which either land or a building is or may be occupied
or maintained.
A modification of the specific requirements of this Chapter
granted by the Board of Adjustment in accordance with the terms of
this Chapter. Such modifications shall not include authorizing a use
not among the uses specified by this Chapter as permitted in the district
in which such property is located.
A passage, hall, or room between the outer door and interior
of a building.
An open space on the same lot with a building unoccupied
and unobstructed by any portion of the structure from the ground upward,
except as otherwise provided in this Chapter. In measuring required
yard widths and depths, the minimum horizontal distance between the
lot line and the main building shall be used.
A yard extending across the front of a lot and being the
minimum horizontal distance between the front lot line and the main
building or any projections thereof other than the projections of
the usually uncovered porch. On corner lots the front yard shall be
considered as a parallel to the street upon which the lot has its
least dimension.
A yard extending across the rear of a lot and being the required
minimum horizontal distance between the rear lot line and the rear
of the main building or any projections thereto other than the projections
of uncovered steps, unenclosed balconies, or unenclosed porches. On
all lots the rear yard shall be at the opposite end of the lot from
the front yard.
A yard between the main building and the side line of the
lot, and extending from the required front yard to the required back
yard, and being the minimum horizontal distance between the side lot
line and the side of the main buildings or any projections thereto.
