[R.O. 2008 §405.090; Ord. No. 02-2007, 4-9-2007; Ord. No.
24-2007 §12, 12-13-2007]
A.Â
The
rules and definitions contained in this Section shall be observed
and applied.
1.Â
Rules for the construction of language — rules applying
to text. The following rules of construction shall apply
to the text.
a.Â
The particular shall control the general.
b.Â
In case of any difference of meaning or implication between the text
and any caption or illustration, the text shall control.
c.Â
The words "shall" and "must" are
mandatory and not discretionary.
d.Â
The word "may" is permissive.
e.Â
Words used in the present term shall include the future; and words
used in the singular shall include the plural and the plural the singular,
unless the context clearly indicates the contrary.
f.Â
The phrase "used for" includes "arranged
for", "intended for", "maintained for"or "occupied
for".
2.Â
ACCESSORY BUILDING OR USE
a.Â
b.Â
c.Â
d.Â
e.Â
f.Â
g.Â
h.Â
AGRICULTURAL ZONE
ALLEY
ALTERATIONS
ALTERATIONS, STRUCTURAL
AMUSEMENT ESTABLISHMENT
APARTMENT
APARTMENT HOUSE/COMPLEX
BABYSITTING
BED AND BREAKFAST
BLOCK
BOARD OF ADJUSTMENT
BOARDING HOUSE
BOUNDARY
BUILDING
BUSINESS ZONE
CERTIFICATE OF COMPLIANCE
CERTIFICATE OF OCCUPANCY
CHURCH
COMMERCIAL
COMMUNITY UNIT PLAN
CONDITIONAL USE PERMIT
DAY CARE FACILITY/HOME/CENTER
DISTRICT
DISTRICT OVERLAY MAP
DWELLING
DWELLING, MOBILE HOME
FAMILY
FLOODPLAIN DISTRICT
FLOOR
GROUP HOME
HEALTH CARE FACILITY
HIGHWAY
HISTORICAL DISTRICT
HISTORICAL PRESERVATION COMMISSION
HOBBY
HOME GARDEN/ORCHARD
HOME OCCUPATION
HOTEL
HUNTING DISTRICT
INDUSTRIAL ZONE
INDUSTRY, GENERAL
INDUSTRY, LIGHT
INFORMATIONAL SIGN
LANDMARK
LOT
LOT AREA
LOT, CORNER
LOT, DEPTH OF
LOT, DOUBLE FRONTAGE
LOT, WIDTH OF
MOBILE HOME DWELLING
MOBILE HOME TRAILER PARK
MOTEL
NEIGHBORHOOD
NON-CONFORMING USE
PARKING, OFF-STREET
PATRON
PERMIT, BUILDING/DEMOLITION
PLACE
PLANNING AND ZONING COMMISSION
POSSESSOR/OWNER
PREMISES
PUBLIC USE DISTRICT
RECREATIONAL VEHICLE
RESIDENTIAL ZONE
RIGHT-OF-WAY
SCHOOL
SIGNS
SLOPE DISTRICT
SPECIAL USE EXCEPTION
SPOT ZONING
STABLE
STORAGE
STREET
STRUCTURE
TRAILER/WAGON
TRAILER, TRAVEL
TRUCK GARDEN/ORCHARD
UNIT (DWELLING)
USE
VACATED AREA
VARIANCE/USE VARIANCE
VEHICLE
ZONE
ZONING MAP
Definitions. As used in this Chapter, the following
terms shall have these prescribed meanings:
A structure or use customarily subordinate to the principal
building or use and which is located on the same or adjacent lot which
shares thirty percent (30%) or more of the common border with the
principal building or use. If located on an adjacent lot, the owner
of the principal building or use must also own the lot. An accessory
building or use includes, but is not limited to, the following:
A children's playhouse, a garden house or private greenhouse.
A civil defense shelter.
A garage, shed or building for domestic storage.
A non-paying guesthouse.
A rental unit which is a separate structure from the principal
building for paying guest.
Incinerators, incidental to residential use.
Off-street parking and load and unloading facilities.
Storage of merchandise normally carried in stock, unless such
storage is excluded by the zone or district regulations.
That area within the City so designated agricultural due
to its particular and/or peculiar situation, needs and/or historically
used primarily for agricultural purposes.
A narrow service way providing a secondary means of public
access to abutting properties and not more than twenty (20) feet wide.
As applied to a building or structure, a change, rearrangement
or enlargement in the existing facilities.
Any change in the supporting members of a building such as
walls, columns, beams or girders.
Any commercial enterprise designed and/or operated for the
entertainment of its patrons.
A room or suite of rooms in a multi-family structure.
A building or structure arranged, intended or designed to
be occupied by two (2) or more families or occupants, in which living
quarter, separate and private kitchen and bath facilities are provided
and in which ingress and egress to and from each individual unit is
made through an individual private entrance to the unit, such entrance
may be from a common hall, lobby or office and such unit is offered
to the public for compensation.
Licensed child care of minor children. One (1) person shall
be allowed to care for not more than four (4) unrelated children at
a time and shall be licensed by the City. Such activity shall be limited
to no more than twelve (12) hours in a twenty-four (24) hour period
and classified as a home occupation, even if conducted outside the
residence of the person performing such service.
A private residence that offers living quarters, to include
separate kitchen and bath facilities, being provided for compensation
or otherwise.
That property abutting on one (1) side of a street between
the two (2) nearest intersection streets or natural barriers.
An appointed body whose function and duties are set forth in Chapter 89, RSMo., City Code Section 405.030 and other Missouri State Statutes and City Codes for Louisiana, Missouri.
A building or premises where meals and lodging are made available
to the public for compensation.
That line, either real or imaginary, which separates one
zone, district or property from another.
A structure having a roof supported by columns or walls for
the shelter, enclosure or protection of persons, animals, chattels
or property. When separated by common walls, each portion shall be
deemed to be a separate building.
Areas within the City designed to be and primarily used for
business or commercial purposes.
A certificate issued by the Building Inspector certifying
that a building, structure or use is in compliance with this Zoning
Code and the Building Codes of the City of Louisiana, Missouri.
A certificate issued by the City Administrator certifying
that a building or use is in compliance with this Zoning Code and
the Building Codes of the City of Louisiana, Missouri.
Any building, structure, property or place utilized as a
place of worship, devotion or social activities by a recognized and/or
organized religious sect or faction.
Pertaining to commerce or trade for profit.
A plan for the development of a tract of land for residential
purposes.
A grant of use allowed by the Board of Adjustment and City
Council, that shall be temporary in nature, to be issued for a period
of not less than two (2) years and not more than five (5) years; and
is granted solely to the owner of record of the property for which
such use is requested and shall not be transferable to another person
or location. Such Conditional Use Permits, when put into services,
use or practice, may be contrary to the requirements of the zone in
which it is located and may have specific exceptional requirements,
which must be met.
[Ord. No. 15-2018, 10-22-2018]
A house or other place that has been State approved and licensed
to provide care for minor children during the daytime for compensation
or otherwise and shall be operated by a person qualified and licensed
by the State for this purpose.
An area within the City, which may be located within any
zone or multiple zones, for which specific purposes, regulations and
requirements designated for its use are hereinafter established or
by other City ordinances.
A rendition, drawn to scale of the Zoning Map, designed to
be placed over or incorporated in the Zoning Map to show some specific
district, purpose, place or use.
A building designed or used exclusively as a living quarters
for one (1) or more families and shall include any home in which eight
(8) or fewer unrelated mentally or physically handicapped persons
reside and may include two (2) additional persons acting as house
parents or guardians; any private residence licensed by the Division
of Family Services or Department of Mental Health to provide foster
care to one (1) or more but less than seven (7) children who are unrelated
to either foster parent by blood, marriage or adoption.
A detached residential dwelling unit designed for transportation
after fabrication on streets or highways, on its own wheels and after
arriving at the site where it is to be occupied as a dwelling complete
and ready for occupancy, except for minor incidental unpacking and
assembly operations, location on jacks or other temporary or permanent
foundations, connections, etc. A travel trailer is not to be considered
a mobile home.
One (1) or more persons who live together in one (1) dwelling
unit and maintain a common household and shall include any home in
which eight (8) or fewer unrelated mentally or physically handicapped
persons reside and may include two (2) additional persons acting as
house parents or guardians; any private residence licensed by the
Division of Family Services or Department of Mental Health to provide
foster care to one (1) or more but less than seven (7) children who
are unrelated to either foster parent by blood, marriage or adoption.
That area within the City where incidence of flooding occurs
regularly.
In reference to height is to mean all levels of a building
or structure except the roof.
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.
Includes any licensed hospital, clinic, rest home, nursing
home, convalescent home, sanitarium or other licensed place for diagnosis,
treatment or other care of ailments.
A public way which is maintained by the County or State.
An area designated as a "historic district" by ordinance
of the City Council which may include individual landmarks, as well
as other properties or structures which, while not of such historic
and/or architectural significance to be designated as landmarks, nevertheless,
contribute to the overall visual characteristics and historical significance
of the historic district.
An appointed body whose function and duties are set forth
by the historic preservation ordinance.
Any activity conducted for pleasure. Any such activity conducted
in residential zones shall be limited to those that are not offensive,
intrusive, obnoxious, a danger to public safety or to the adjoining
properties and their use or detrimental to property values. Such activity
shall be considered a permitted use in any residential zone.
Vegetables or fruit raised for private use.
Any business, occupation, profession, trade or service allowed
by Section 405.150(1)(g) that is conducted entirely within or from
a residential dwelling, solely by the owner of record as recorded
in the office of the County Recorder or members of the immediate household
thereof who legally reside therein, for which a business license can
be lawfully obtained and which home occupation use is clearly incidental
and secondary to the use of the residential dwelling for dwelling
purposes; and which does not change the residential character of the
zone and/or district thereof; and which there is used no sign or display
other than a single sign attached flat to the exterior structure,
which shall not be larger than one (1) square foot and shall not be
illuminated, indicating that the residence is being utilized for any
purpose other than for dwelling purposes; and there shall be no commodity
sold upon the premises except as provided for by this Chapter; and
which no person is employed, other than a member of the immediate
household legally residing on the premises, for any on-site activity
in connection with the home occupation; and no mechanical equipment
is used except such as is permissible for purely domestic household
purposes or hobbies.
A building in which lodging is provided and offered to the
public for compensation and in which ingress and egress to and from
rooms is made through an inside lobby or office.
A district located within an agricultural zone designated
by ordinance of the City Council allowing the legal use of firearms
in the hunting of turkey, small game and waterfowl or the legal use
of bow and arrows in the hunting of deer, turkey, small game and waterfowl.
Areas within the City designated to be and used primarily
by industry.
Manufacturing operations of all types not included by or
considered light industry and including the primary utilization of
raw materials or refining.
The manufacture, compound, package, treatment, process, storage
and distribution of goods and materials that are in general dependent
on raw materials refined elsewhere and conducted entirely within enclosed
buildings or structures and which is not noxious or offensive due
to the emissions of smoke, dust, fumes, gas, odors, noise or vibrations
beyond the confines of such buildings or structures.
Those traffic, street, speed, etc., that are approved and
erected by the City or those as allowed by City ordinance. Upon request,
the City Council may grant permission for private citizens to erect
and utilize signs. Such signs must be attached flat to the appropriate
building or structure, shall be no larger that one (1) square foot
in size and shall not be illuminated.
A property or structure designated as a "landmark" by ordinance
of the City Council, which is worthy of rehabilitation, restoration,
interpretation and preservation because of its historic, architectural
or archaeological significance to the City of Louisiana.
A parcel of land intended to be separately owned, rented,
leased, developed or otherwise used.
The total horizontal area within the boundaries of a lot,
exclusive of any land designated for roadway or street purposes.
A lot abutting upon two (2) or more streets or roadways at
their intersections.
The mean linear distance measured on a horizontal plane between
the front and rear lot lines.
A lot having a frontage on two (2) non-intersecting streets
or roadways as distinguished from a corner lot.
The straight line linear distance between points on opposite
side lot lines measured on a horizontal plane at the building line.
See "DWELLING, MOBILE HOME".
One (1) or more adjoining lots used or intended to be used,
let, leased, rented or sold as a site for two (2) or more manufactured
homes, mobile homes or for residential purposes.
A building or buildings in which lodging is provided and
offered to the public for compensation and in which ingress and egress
to and from rooms is made through an individual private entrance.
All that property within one hundred eighty-five (185) feet
distance from the boundaries of any property or area to be changed
or named as a point of origin for any purpose.
A building or use which does not conform to the regulations
of the zone and/or district in which it is located.
Any space, lot or other area used exclusively for the parking
of motor vehicles and which is not located on any public way.
A customer or client.
A permit issued by the authorized employees or agents of
the City of Louisiana, Missouri, allowing the construction, erection,
demolition, removal or alteration of buildings or structures.
An open unoccupied space other than a street or alley.
Owner of record as recorded by the Pike County Recorder.
Land including houses or tenements and all appurtenances
for such.
Any area of the City, public or private, designated and/or
designed exclusively for the public's use.
Vehicular unit mounted on wheels, designed to provide temporary
living quarters for recreational camping or travel use and of such
size and weight as to not require special highway movement permits
when drawn by a motorized vehicle.
Areas within the City designated to be and used primarily
for residential purposes.
A right of passage by or for a specified entity (i.e., railroad
right-of-way).
Any designated place of education and study which has State
accreditation and/or licensed.
Defined in Chapter 515 of this Code and all other Building Codes adopted by the City of Louisiana (exception Informational Signs).
Areas within the City which have a cross-slope which exceed
sixteen percent (16%).
A grant of use allowed by the Board of Adjustment and City
Council, prior to February 26, 2018, that shall be temporary in nature
and is granted solely to the owner of record of the property for which
such use is requested and shall not be transferable to another person
or location. Such special use exception, when put into services, use
or practice, may be contrary to the requirements of the zone in which
it is located and may have specific exceptional requirements which
must be met. Special Use Exemptions existing at the time of the adoption
of this Section shall remain in effect until such a time where the
exemption becomes invalid, or for a period of twenty (20) years after
the adoption of this Section.
[Ord. No. 15-2018, 10-22-2018]
An arbitrary and unreasonable devotion of the small area
to a use inconsistent with the uses to which the rest of the district
is restricted and made for the sole benefit of the private interests
of the owner. (This shall not be allowed by this Chapter.)
Any building, structure or portion thereof which is used
in part or whole for the shelter of horses, cattle or other similar
animals either permanently or transiently.
The putting aside of property, private or commercial, either
temporarily or permanently.
A public or private way which affords the principal means
of access to abutting properties.
Anything constructed or erected which requires location or
attachment to the ground.
Any non-powered vehicular unit that is not designed for dwelling
purposes but is designed to be pulled by a separate powered vehicular
unit or animal.
A vehicular, portable structure built on a chassis designed
to be used as a temporary dwelling for travel and recreational purposes.
Vegetables or fruit raised for the market or other commercial
purposes.
A dwelling place that includes one (1) kitchen and no more
than one (1) family shall be allowed per kitchen.
The specific purpose for which a building or land is designed,
intended, arranged or maintained or occupied.
Any area which the use of has been abandoned or discontinued.
The relaxation of the requirements of this Zoning Code by
the Board of Adjustment only, owing to conditions peculiar to the
property, where it will not be contrary to the public interest that
a literal enforcement of this Zoning Code would result in unnecessary
and undue hardship. Such use may continue with a change of property
ownership but shall not be transferred to another location.
Any means of transportation designed to move on wheels, tracks,
runners or skids.
A section of the City for which uniform regulations governing
its use are hereinafter established.
The Zoning Map, which is incorporated into this Chapter by reference and is on file in the City offices, establishes the boundaries of the areas covered by the zones listed in Section 405.120(A).
