City of De Soto, MO In General

[CC 1988 §29-100; Ord. No. 2788 §10, 10-21-1985; Ord. No. 3415 §§2 — 3, 7-17-2000; Ord. No. 3549 §§1 — 2, 1-22-2004; Ord. No. 3690 §1, 6-19-2006; Ord. No. 3875 §1, 11-15-2010]

Tense And Usage. For the purposes of this Chapter, the following words and terms shall have the meanings given below, unless a contrary intention clearly appears:

Words used in the singular shall include the plural and vice versa.

Words used in the present tense shall include the future.

The words "shall" and "must" are mandatory.

The word "building" includes the words "structure" or "premises".

The term "used for" includes the terms "designed for" and "intended for".

Any word not herein defined shall be as defined in any standard English dictionary.

Definitions. For the purposes of this Chapter, the following words and terms as used are defined to mean the following:

ACCESSORY BUILDING OR USE

A detached subordinate building having a use incident to and located on the lot occupied by the main building; or a use incident to the main use of the property.

AGRICULTURAL PROPERTY

Any land and easements and real and personal, including, but not limited to, buildings, structures, improvements, equipment and livestock, which is used or is to be used in the City of De Soto by residents for:

The operation of a farm or ranch;

Planting, cultivating or harvesting cereals, natural fibers, fruits, vegetables or trees;

Grazing, feeding or the care of livestock, poultry or fish;

Dairy production;

Storing, transporting or processing farm and ranch products including, without limitation, facilities such as grain elevators, cotton gins, shipping heads, livestock pens, warehouses, wharfs, docks, creameries or feed plants.

ALLEY

A public or private thoroughfare which provides only a secondary means of access to abutting property.

APARTMENT

A building or portion thereof designed to house a family.

AREAS OF SPECIAL FLOOD HAZARD

The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year.

AUTOMOBILE SERVICE STATION

Any land or building used for the sale at retail of motor vehicle fuels, oils or accessories or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacing of motors, bodies or fenders of motor vehicles or painting motor vehicles, public garages or trailers.

BANDIT SIGN

An illegal commercial sign posted on a utility pole, street sign or other street furniture; or any other sign placed within a public right-of-way or public property or on private property such that it is visible from a public right-of-way or public property. A bandit sign generally has less than six (6) square feet of advertising area and is made of vinyl, paper, cloth or fabric, polyboard, coroplas, corrugated plastic, poster board, plastic core, cardboard, wood or plywood, including signs with wood or wire framing, posts, or stakes.

[Ord. No. 3970 §1, 3-18-2013; Ord. No. 4013 §1, 4-21-2014; Ord. No. 4035 §1, 4-20-2015]

BANNER

A temporary paper, plastic or cloth device hung to attract attention to a business or special event. These are prohibited on all City rights-of-way and public property.

[Ord. No. 3970 §1, 3-18-2013; Ord. No. 4013 §1, 4-21-2014; Ord. No. 4035 §1, 4-20-2015]

BASEMENT

A story having part but not more than one-half (½) of its height below grade. A "basement" is not counted as a story for the purpose of height regulation unless it is subdivided and used for multi-family dwelling purposes other than by a janitor employed on the premises.

BLOCK

A parcel of land entirely surrounded by public highways or streets, other than alleys.

BOARD

The Board of Adjustment of the City of De Soto, Missouri.

BOARDING HOUSE OR LODGING HOUSE

A building occupied as a single housekeeping unit where lodging and/or meals are provided for three (3) or more persons for compensation, pursuant to previous arrangements; but not for the public or transients.

BUILDING

Any structure having a roof supported by columns or walls for the shelter or enclosure of persons or property.

BUILDING, HEIGHT OF

The vertical distance measured from the highest of the following three (3) elevations:

From the street curb elevation.

From the established or average street elevation if the curb has not been established.

From the average finished ground elevation of the portion of the lot adjoining and within ten (10) feet of the building where it sits back from the street line ten (10) feet or more; to the elevation of the highest point of the roof beams of flat roofs or roofs inclining not more than one (1) inch to the foot, and to the average elevation of top of the main plate and highest ridge for other roofs.

BUSINESS EASEL

Commonly referred to as a "sandwich sign," normally A-frame in design. Intended to provide information relevant to the day put into place or in reference to the business, such as daily specials at a restaurant or happy hour at a bar; intended to be taken inside at the close of business.

[Ord. No. 3970 §1, 3-18-2013; Ord. No. 4013 §1, 4-21-2014; Ord. No. 4035 §1, 4-20-2015]

CELLAR

That part of the building having more than one-half (½) of its height below the average grade of the adjoining ground.

CITY

The City of De Soto, Missouri.

CITY COMMUNITY MESSAGE BOARD

Message boards will be placed within the City at centrally located and easily readable locations. The purpose of the message boards are to allow civic organizations, religious entities and educational institutions the ability to post events and notices that are of interest to the residents and visitors to the City of De Soto. The number of postings shall be limited by the size of the message boards and will be allotted on a first-come, first-serve basis. Application for message can be made at City Hall during normal business hours.

[Ord. No. 3970 §1, 3-18-2013; Ord. No. 4013 §1, 4-21-2014; Ord. No. 4035 §1, 4-20-2015]

CLINIC

A building used solely as a place for the treatment and diagnosis of outpatients.

CLUB

An organized group of people not open to or intended for or controlled by the public or for the use of the public.

COMMISSION

The Planning and Zoning Commission of the City of De Soto, Missouri.

CONDITIONAL USE

A use allowed in a zoning district after a permit is granted by the Planning and Zoning Commission.

CONDOMINIUM

A building having individual ownership of the area inside the walls of a multi-unit structure and joint ownership and maintenance of all other common ground.

COUNCIL

The City Council of De Soto, Missouri.

CURB LEVEL

The average elevation of the curb in front of the lot or along any abutting street where the median curb elevation is the height.

DAY CARE CENTER OR HOME

A group program providing care for four (4) or more children for compensation.

DEVELOPMENT

Any manmade change to all real estate including, but not limited to, building, mining, dredging, filling, grading, paving, excavating or drilling operations.

DIRECTIONAL SIGN

Any sign which indicates a direction for vehicular or pedestrian traffic or other movement. Examples would include Entrance, Exit, One-Way, Handicapped, Loading, etc.; normally intended to be permanent in nature.

[Ord. No. 3970 §1, 3-18-2013; Ord. No. 4013 §1, 4-21-2014; Ord. No. 4035 §1, 4-20-2015]

DISTRICT

A section of the City for which the zoning regulations of this Chapter are uniform.

DRIVE-IN

Any establishment for which business is transacted, services rendered or goods sold while the customer remains in a vehicle including, but not limited to, drive-in banks, cleaners, restaurants and theatres.

DRIVEWAY

An area established or used for ingress and egress of vehicles from a street or thoroughfare to any point on private property.

DUST-PROOF MATERIAL

Asphaltic concrete, cement concrete, porous asphalt, porous concrete, bituminous material, or penetration treatment of bituminous material and seal coat of bituminous binder and a mineral aggregate or the equivalent as approved by the City Manager.

DWELLING

Any building or portion thereof which is designed for or used exclusively for residential purposes.

DWELLING, MULTIPLE

A building containing three (3) or more dwelling units.

DWELLING, SINGLE-FAMILY

A building containing one (1) dwelling unit.

DWELLING, TWO-FAMILY OR DUPLEX

A building containing two (2) dwelling units.

DWELLING UNIT

A building or portion thereof designed to house a family.

FAMILY

A group of one (1) or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth or marriage. A family shall not contain more than eight (8) persons not related by blood, marriage or adoption.

FENCE

A structure for enclosure or screening.

FLOOD

A general and temporary condition of partial or complete inundation of normally dry areas from:

The overflow of inland or tidal waters.

The unusual and rapid accumulations or runoff of surface waters from any source.

FLOOD HAZARD BOUNDARY MAP

An official map of a community, issued by the Federal Insurance Administration, where the boundaries of the areas of special flood hazards have been designated as Zone A.

FLOOD INSURANCE STUDY

The official report provided by the Federal Insurance Administration containing flood profiles, the Flood Hazard Boundary Floodway Map and the water surface elevation of the base flood.

FLOOR AREA

The square feet of floor space within the outside line of walls and includes the total of all space on all floors of a building. It does not include porches, garages, or space in a basement or cellar when used for storage or incidental uses.

GARAGE, PRIVATE

A detached accessory or portion of a main building housing the automobiles of the occupants of the premises, but not commercial vehicles.

GROUND LEVEL

The average level of the finished surface of the ground adjacent to the exterior walls of the building.

GROUP HOME

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. Except for properties in the "R-1" District that were annexed by ordinance number 3460.

HEALTH CARE CLINIC

An establishment where patients are not lodged overnight but are admitted for examination, consultation and/or treatment by one (1) or more doctors.

HEIGHT OF BUILDINGS

The vertical distance measured from the highest of the following three (3) elevations:

From the street curb elevation.

From the established or average street elevation if the curb has not been established.

From the average finished ground elevation of the portion of the lot adjoining and within ten (10) feet of the building where it sits back from the street line ten (10) feet or more; to the elevation of the highest point of the roof beams of flat roofs or roofs inclining not more than one (1) inch to the foot, and to the average elevation of the top of the main plate and highest ridge for other roofs.

HOME OCCUPATION

A home-based business.

[Ord. No. 4915, 7-17-2023]

HOME-BASED BUSINESS

Any business operated at a residential dwelling that manufactures, provides or sells goods or services that is owned and operated by the owner or tenant of the residential dwelling. The term "goods" as used in this definition shall mean any merchandise, equipment, products, supplies or materials.

[Ord. No. 4915, 7-17-2023]

HOTEL

A building occupied or used as a temporary abiding place of individuals or groups of individuals who are lodgers.

INSTITUTION

A non-profit establishment for public use.

INTERIOR LOT

A lot whose side lines do not abut upon any street.

LOADING SPACE

A space within the main building or on the same lot, providing for the standing, loading or unloading of trucks, having a minimum dimension of twelve (12) by thirty-five (35) feet and a vertical clearance of at least fourteen (14) feet.

LODGING OR ROOMING HOUSE

LOT

A plot of land separated from other parcels or portions by descriptions as on a subdivision of record or by metes and bounds or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or building development.

LOT, CORNER

A lot abutting upon two (2) or more streets at their intersection.

LOT DEPTH

The mean horizontal distance from the front property line to the rear line.

LOT, DOUBLE FRONTAGE

A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.

LOT, FRONT OF

The front of a lot shall be considered to be that part of a lot which abuts and has access to a public street, except for corner or double frontage lots.

LOT, INTERIOR

A lot whose side lines do not abut upon any street.

LOT LINES

The lines bounding a lot as defined herein.

LOT LINE, FRONT

The boundary between a lot and the right-of-way on the street on which it fronts.

LOT LINE, REAR

The boundary line which is opposite and most distant from the front property line or that boundary line of an irregularly shaped lot that the City Manager shall determine to be the rear lot line.

LOT LINE, SIDE

Any lot boundary line not a front or rear line.

LOT OF RECORD

A lot which is part of a subdivision, the map of which has been recorded in the office of the Recorder of Deeds of the County, or a parcel of land, the deed of which was recorded in the office of the Recorder of Deeds prior to October 2, 1961.

LOT WIDTH

The width of a lot at the front yard line.

MOBILE HOME/MANUFACTURED HOME

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. Any unit that does not have a Missouri State Seal shall be considered a mobile home.

MODULAR HOME

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 off-site manufactured structure must bear an approved Missouri State Seal and meet the modular housing design requirements of the International Building Code or a code which imposes similar standards on safety and quality as the International Building Code. The structure must set on a permanent concrete foundation. This definition shall not apply to structures under six hundred fifty (650) square feet.

MOTEL, MOTOR COURT, MOTOR LODGE OR TOURIST COURT

One (1) or more buildings containing individual sleeping or living units, designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located to each unit.

NON-CONFORMING USE, BUILDING OR YARD

A use, building or yard which does not, by reason of design, use or dimensions, conform to the regulations of the district in which it is situated.

NURSING HOME

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 and shelter or care for compensation; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

OVERLAY DISTRICT

A district which acts in conjunction with the underlying zoning district or districts.

PARKING SPACE

A surfaced area, enclosed or unenclosed, having an area of at least ten (10) feet by twenty (20) feet, exclusive of driveways, permanently reserved for the temporary storage of one (1) automobile and connected to a street or alley by a surfaced driveway which affords satisfactory ingress and egress for automobiles.

PAVED

An area surfaced with a durable, dust-proof material.

PERMANENT SIGN

A sign firmly attached to the ground, wall or other portion of a building and not designed or intended to be readily removed or relocated.

[Ord. No. 3970 §1, 3-18-2013; Ord. No. 4013 §1, 4-21-2014; Ord. No. 4035 §1, 4-20-2015]

PLANNED UNIT DEVELOPMENT

A development that allows for a more flexible approach and allows for construction of large areas as a whole. PUDs can involve a mixture of uses and types and stage-by-stage development.

POLITICAL SIGN

A temporary sign advocating or opposing any political proposition or candidate for public office.

[Ord. No. 3970 §1, 3-18-2013; Ord. No. 4013 §1, 4-21-2014; Ord. No. 4035 §1, 4-20-2015]

PREMISES

A lot together with all buildings and structures thereon.

REAL ESTATE SIGN

A sign pertaining only to the prospective rental, lease or sale of the property on which it is located.

[Ord. No. 3970 §1, 3-18-2013; Ord. No. 4013 §1, 4-21-2014; Ord. No. 4035 §1, 4-20-2015]

RECURRING EVENT

Any event or like event which occurs more than twice during any calendar year.

[Ord. No. 4035 §1, 4-20-2015]

REVERSE CORNER LOTS

The largest dimension of a corner lot, which ordinarily would be the side lot line, if the lot were not abutting on two (2) or more streets at their intersection.

SETBACK LINE

A line parallel to the property lines of a lot, and between said lines no building or structure may extend, except those projections specifically permitted in this Code.

SIGN

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.

SIGN, AREA OF

The total exterior surface computed in square feet of a sign having but one (1) exposed exterior surface, and one-half (½) the total of all of the exposed exterior surface computed in square feet of a size having more than one (1) such surface.

SNIPE SIGN

A sign made of any material when such sign is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, fences or other objects, and the advertising matter appearing thereon is not applicable to the present use of the premises upon which such sign is located.

[Ord. No. 3970 §1, 3-18-2013; Ord. No. 4013 §1, 4-21-2014; Ord. No. 4035 §1, 4-20-2015

STORY

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, the space between the floor and the ceiling above it.

STORY, HALF

A top story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first (1st) story is a half story when between fifty percent (50%) and seventy-five percent (75%) of the area of its exterior walls are exposed to outside light and air entirely above grade and which exterior walls contain windows or doors permitting the entrance of daylight and outside air.

STREET

A public way which affords principal means of access to abutting property.

STREET LINE

A dividing line between a lot and a contiguous street.

STRUCTURAL ALTERATION

Any change, except those required by law or ordinance, which would prolong the life of the supporting members of a building or structural, such as bearing walls, columns, beams or girders, not including openings, bearing walls as permitted in other ordinances.

STRUCTURE

Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences and signs.

TEMPORARY SIGN

Any sign intended for a limited or intermittent period of display. Such sign shall not exceed eighteen (18) inches by twenty-four (24) inches in area (community message board's notwithstanding). Signs shall be constructed of such a material to appear professional in design and construction. Allowable materials include plastic core, corrugated plastic, wood or plywood, and metal or aluminum.

[Ord. No. 3970 §1, 3-18-2013; Ord. No. 4013 §1, 4-21-2014; Ord. No. 4035 §1, 4-20-2015

VARIANCE

A modification or variation of the provisions of this Chapter, as applied to a specific piece of property, as distinct from rezoning.

YARD

An open space between a building and the adjoining lot line. In measuring a yard, the minimum horizontal distance between the lot line and the main building shall be used.

YARD, FRONT

A yard extending across the front of a lot and being the minimum horizontal distance between the street or place line and the main building. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension.

YARD, REAR

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. On all lots the rear yard shall be in the rear of the front yard.

YARD, SIDE

A yard between the main building and the side line of the lot extending from the required front yard to the required rear yard and being the minimum horizontal distance between a side lot line and the side of the main building.