[Ord. No. 1857 §1, 11-21-2013[1]]
This Chapter shall be known as "The Zoning Ordinance of Woodson
Terrace, Missouri," and may be cited as the "Zoning Ordinance."
[1]
Editor's Note: Section 2 of this ordinance repealed former Ch. 400, Zoning Regulations, as adopted and amended by Ord. No. 728 Art. I §Z-1 — Z-26, 5-16-1974; Ord. No. 780 §1, 11-6-1975; Ord. No. 781 §1, 11-6-1975; Ord. No. 844 §§1 — 2, 2-7-1978; Ord. No. 857 §1, 3-21-1978; Ord. No. 867 §1, 6-20-1978; Ord. No. 905 §1, 1-15-1980; Ord. No. 1013 §§1 — 2, 2-2-1984; Ord. No. 1064 §§1 — 2, 3-21-1985; Ord. No. 1065 §1, 3-21-1985; Ord. No. 1094 §1, 10-17-1985; Ord. No. 1096 §1, 10-17-1985; Ord. No. 1103 §1, 12-5-1985; Ord. No. 1232 §1, 12-6-1990; Ord. No. 1245 §§1 — 3, 6-20-1991; Ord. No. 1246 §1, 6-20-1991; Ord. No. 1271 §1 — 3, 7-9-1992; Ord. No. 1309 §2, 4-14-1994; Ord. No. 1326 §1, 8-11-1994; Ord. No. 1327 §1, 8-11-1994; Ord. No. 1334 §1, 12-8-1994; Ord. No. 1399 §1, 2-13-1997; Ord. No. 1433 §1, 11-13-1997; Ord. No. 1451 §1, 4-28-1998; Ord. No. 1465 §1, 9-10-1998; Ord. No. 1514, 2-10-2000; Ord. No. 1604 §1, 1-8-2004; Ord. No. 1691 §1, 2-15-2007; Ord. No. 1782 §1, 4-15-2010; Ord. No. 1789 §§1 — 2, 8-27-2010.
[Ord. No. 1857 §1, 11-21-2013]
A.Â
This
Chapter is enacted pursuant to authority conferred under State law
for the purpose of regulating and controlling the zoning and use of
land and buildings within the City of Woodson Terrace in order to
promote health, safety, morals, comfort, and general welfare; to secure
economic and coordinated land use; and to facilitate the adequate
provision of public improvements. These regulations are specifically
designed to:
1.Â
Reflect and effectuate the goals and objectives of the Comprehensive
Plan;
2.Â
Preserve and protect property values throughout the City and
promote their orderly and beneficial development;
3.Â
Provide privacy and convenient access to property;
4.Â
Regulate the intensity of land use and establish open areas
surrounding buildings and structures necessary to provide adequate
light and ventilation and to protect public health and safety;
5.Â
Regulate and limit the height of buildings and structures;
6.Â
Divide the City into zoning districts and establish, by reference,
a map showing the boundaries of such districts;
7.Â
Establish reasonable standards to which land, buildings, structures
and their uses must conform;
8.Â
Prohibit uses, buildings or structures which are incompatible
with the character of development, uses, buildings, or structures
permitted within specified zoning districts;
9.Â
Prevent illegal additions or alterations to existing buildings
or structures;
10.Â
Protect against fire, explosion, noxious fumes and odor, heat,
dust, smoke, glare, noise, vibration, radioactivity and other nuisances
and hazards to the public health, safety and general welfare;
11.Â
Prevent overcrowding of land and lessen or avoid congestion
in public streets and rights-of-way by regulating the use and bulk
of buildings in relation to surrounding land use(s) and roadways;
12.Â
Protect the natural environment of the community and its unique
assets of trees, watercourses, stormwater control, and topography;
13.Â
Protect existing public and private property from impacts associated
with development;
14.Â
Provide for the continuation of non-conforming uses as required
by law;
15.Â
Designate and define the powers and duties of the officials
administering and enforcing this Chapter; and
[Ord. No. 1857 §1, 11-21-2013]
The provisions of this Chapter are hereby declared to be severable.
If any Section, paragraph, sentence, or clause of this Chapter shall
be held invalid, the invalidity of such Section, paragraph, sentence,
or clause shall not affect the validity of the remainder of said Chapter.
[Ord. No. 1857 §1, 11-21-2013]
A.Â
No structure or land shall hereafter be used or occupied, and no
structure or portion thereof shall be erected, constructed, reconstructed,
moved or structurally altered except in conformity with these regulations.
B.Â
Every building hereafter erected or structurally altered shall be
located on a lot and in no case shall there be more than one (1) principal
building on a lot, except as otherwise permitted in this Chapter.
C.Â
This Chapter is not intended to interfere with, abrogate or annul
any other ordinance, rule or regulation, Statute or other provision
of law. The requirements of this Chapter should be considered minimum
requirements, and where any provision of this Chapter imposes restrictions
different from those imposed by any other ordinance, rule, regulation
or other provision of law, whichever provisions are more restrictive
or impose higher protective standards for human health or the environment
shall be considered to take precedence.
D.Â
In case of conflict between this Chapter or any part thereof, and
the whole or part of any other existing or future ordinance, the most
restrictive in each case shall apply.
[Ord. No. 1857 §1, 11-21-2013]
A.Â
For the purpose of single-family residential development in the City's residential districts, development rights for the approved use of land shall vest upon approval of the Director of Economic Development and/or Director of Public Works pursuant to Section 400.410(A) recording of the final plat for such land. If construction has not begun within one (1) year of recording the plat, the development rights shall expire unless an extension is granted.
B.Â
For all non-single-family development, development to the approved use of land shall vest upon approval of a final development plan pursuant to Section 400.410(D). If all permits required for such development have not been issued and the completion of substantial amounts of work under the validly issued permits has not begun within one (1) year of approval of the site plan, the development rights shall expire unless an extension is granted.
C.Â
The Planning Commission may for good cause as presented by the applicant
grant a single extension of vested rights. Vested rights for single-family
development shall not be extended for more than one (1) year. For
all non-single-family development, an extension of not more than six
(6) months may be granted. Applicants seeking an extension shall submit
a statement in writing, justifying the extension. In considering an
extension, the Planning Commission shall consider the following factors,
as well as other relevant considerations:
1.Â
Undue or unnecessary hardship placed upon the property owner;
2.Â
The extent to which the current regulations would hinder the
ability to complete development;
3.Â
Unanticipated conditions which have prevented completion of
the project; and
4.Â
Conformance with the general spirit and intent of the zoning
and subdivision regulations.
D.Â
Nothing
in this Section shall be construed to confer any development rights
beyond those shown on approved plans submitted to the City or otherwise
authorized by applicable zoning and subdivision regulations.
[Ord. No. 1857 §1, 11-21-2013]
A.Â
Definitions And Usage. For the purposes of this
Chapter, all words and terms used in this Chapter are limited to the
meanings given to them by this Section or as specifically provided
in another Section of this Chapter. Words or terms that are not defined
shall be given their common dictionary definition. Unless the context
clearly indicates to the contrary, the following interpretations apply:
1.Â
Words used in the present tense shall include the future tense.
2.Â
Words used in the singular shall include the plural, and words
used in the plural shall include the singular.
3.Â
The word "shall" is mandatory.
4.Â
The word "may" is permissive.
5.Â
Unless otherwise specified, all distances shall be measured
horizontally.
6.Â
The word "City" means the City of Woodson Terrace, Missouri.
B.Â
Definitions In Other Chapters. If a word or term
is not defined in this Section but is defined elsewhere in this Chapter
or in the Woodson Terrace Municipal Code, that definition shall be
applicable unless the context indicates that a standard dictionary
definition is more appropriate.
[Ord. No. 1857 §1, 11-21-2013]
The following definitions shall apply in the interpretation
and enforcement of this Chapter, unless otherwise specifically stated:
Any building or structure, the use of which is incidental
to the principal use of another structure on the same premises. A
building housing an accessory use is considered an integral part of
the main (principal) building when it has any part of a wall in common
with the main building, or is under an extension of the main roof
and designed as an integral part of the main building.
A subordinate use of a building or land which is incidental
to the principal use of the premises and customarily associated with
the principal use and located on the same lot as the principal building
or use.
An establishment consisting of, including or having the characteristics
of any or all of the following:
ADULT STOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines, publications, videos or sexually oriented toys, novelties or relationship aids that are distinguished or characterized by the emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
ADULT CABARETAn establishment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
ADULT MINI MOTION PICTURE THEATERAn enclosed building with a capacity of less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
ADULT MOTION PICTURE THEATERAn enclosed building with a capacity for fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or anatomical genital areas.
EXOTIC DANCE FACILITYAny building, structure or facility which contains, or is used for, commercial entertainment, where the patron directly or indirectly is charged a fee to observe specified anatomical areas, provided that the genitals and pubic areas of all persons and the areola and nipple of the breast of all female persons are opaquely covered. "Specified anatomical areas" shall include:
A minor public thoroughfare which affords only a secondary
means of access to abutting property.
A building or portion thereof containing facilities for washing,
waxing, drying, polishing or vacuuming private automobiles, light
trucks and vans, but not commercial fleets. For purposes of this Chapter,
self-serve car-wash establishments where no employee and/or attendant
is present during operating hours are not included in this definition.
An establishment or place of business that primarily provides
after-sales services for automobiles, including the attendant retail
sales of accessories for such automobiles, such as installation, conversion
and modifications to the interior or exterior of automobiles, but
excluding automotive repair shops.
Any structure or premises used for dispensing or sale, at
retail, of vehicle fuels or lubricants, including alternative fuel
sources, where the retail sale of convenience items are also sold,
unless otherwise prohibited in this Chapter.
An establishment or place of business primarily engaged in
the sale of merchandise that is associated with the use, repair or
upkeep of automobiles, including service and installation, but excluding
automotive repair shops.
An open area, other than a street or alley, used for the
storage, cleaning and rental of passenger vehicles and where no repair
work is done except minor maintenance of such vehicles rented on the
premises.
An establishment or place of business primarily engaged in
the repair of automobiles or other motorized vehicles, or the installation
or repair of equipment or parts on motorized vehicles such as mufflers,
brakes, tires, transmissions, glass, and engines or engine parts,
but excluding dismantling or salvage. Automotive repair shops also
include:
AUTOMOTIVE PAINT OR BODY SHOPThe use of a building or premises for the repair of automotive bodies and/or major mechanical works, straightening of body parts, painting, welding, or storage of automobiles not in operable condition.
AUTOMOTIVE TIRE STOREAn establishment or place of business primarily engaged in the sale of tires and services relating to the repair or purchase of tires for automobiles.
An establishment or place of business primarily engaged in
the lubrication of vehicles and replacement or installation of minor
parts and accessories. Such use shall include establishments that
provide express oil changes, and sell at retail. Automotive service
stations do not include uses primarily engaged in major repair work
such as engine replacement, body and fender repair, or spray painting;
for such uses see "automotive repair shop."
An open area, other than a street or alley, used for the
display, sale or lease of new or used motor vehicles and where no
repair work is done except minor incidental repair of such motor vehicles
to be displayed, sold or leased on the premises.
A commercial establishment that serves its customers by cutting
and dressing hair, shaving or trimming beards, and/or providing manicures,
pedicures and facials. For purposes of this zoning code, establishments
that provide manicures but do not cut hair will also be considered
a beauty salon.
An establishment where liquors are sold to be consumed on
the premises, but not including restaurants where the principal business
is serving food. The facility shall be duly approved and licensed
as required by applicable State and local regulations. Any establishment
which serves food, where the serving of food is secondary to the serving
of liquor, such as a bar and grill, shall be classified as a tavern/lounge.
That portion of a building that is partly or completely underground.
A basement shall be counted as a story if used or intended to be used
for dwelling or business purposes.
An area of land surrounded by public highways, streets, streams,
railroad rights-of-way, parks, or other similar areas or facilities.
A building, other than a hotel, where, for compensation and
by prearrangement for definite periods, meals and/or lodging are provided
for a minimum of three (3) but not more than fifteen (15) persons,
but not for the public or transients. The classification shall include
a single-family dwelling or single-family residence where eight (8)
or fewer unrelated mentally or physically handicapped persons reside.
All uses shall comply with Section 89.020.[1]
A local body, appointed by the Mayor and approved by the
Board of Aldermen, charged with hearing appeals and authorizing variance
to the requirements of this Chapter.
An area within a property or site, generally adjacent to
and parallel with the property line, either consisting of natural
vegetation or created by the use of trees, shrubs, fences, and/or
berms, designed to limit continuously the view of and/or sound from
the site to adjacent sites or properties.
The width of a lot minus the combined widths of the minimum
required side yards.
A structure that is permanently affixed to the land, has
one (1) or more floors, one (1) or more exterior walls, and a roof,
and is designed or intended for use as a shelter, but a building shall
not include any vehicle, trailer (with or without wheels), nor any
movable device such as furniture, machinery or equipment. The word
"building" shall include the word "structure" and vice versa.
The vertical distance measured from the average finished
grade to the highest point of the roof of a building or highest point
of any permanent part of the building.
That line which represents the closest points that a structure
can be erected to the front, side, and rear property lines.
A specialized instructional establishment that provides on-site
training of business, commercial, and/or trade skills such as accounting,
data processing, and repair. This classification excludes establishments
providing training in an activity that is not otherwise permitted
in the zoning district. Incidental instructional services in conjunction
with another primary use shall not be considered a business or vocational
school.
An establishment engaged in the preparation of food and beverages
for consumption at another location. Catering shall not include the
manufacturing of food as defined in "food/bakery product manufacturing."
Land used or intended to be used for burial or cremation
of the dead, whether human or animal, including a mausoleum or columbarium.
The practice of medicine or dentistry for humans, including
assistants and laboratories, but not including, inpatient care or
operating rooms for major surgery.
A membership association composed of persons who are bona
fide dues-paying members and to whom (and their guests) use of facilities
owned or leased by the association is generally restricted. Such definition
shall include buildings owned or operated by a person, for a social,
educational, or recreational purpose, but not primarily for profit
and not primarily to render a service that is customarily carried
on as a business. This definition shall include organizations such
as the American Legion, Masonic Lodge and Veterans of Foreign Wars.
The pairing of two nationally branded retail businesses in
a single facility. The most common co-branded developments consist
of a fast-food restaurant franchise and a major branded automotive
fueling station.
That land set aside for open space or recreational use for
the owners of the residential lots in a subdivision and which is conveyed
by the developer in fee simple absolute title by a warranty deed to
trustees whose trust indenture shall provide that said common land
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 his/her
interest in the common land except as an incident of the ownership
of a regularly platted lot.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, and the like.
A facility maintained by a public agency or by a not-for-profit
community or neighborhood association primarily for social, recreational,
or educational needs of the community or neighborhood.
The plan or any portion thereof, adopted by the Planning
Commission pursuant to RSMo. Chapter 89 for the coordinated development
of the City.
A short street having one (1) end open to traffic and being
terminated at the other end by a circular vehicular turnaround.
An establishment used for the purpose of a day-care center,
day nursery, nursery school, day school, kindergarten (not connected
with a school as defined herein) or similar use which constitutes
the normal care of more than five (5) physically and mentally sound
children. Child-care facilities shall meet all requirements and specifications
of the Division of Health and other State or local agencies having
jurisdiction over child-care facilities.
A day-care establishment conducted in a private residence
that provides care, protection and supervision for five (5) to ten
(10) individuals at any one time, excluding those persons related
to and residing in the home of the day-care provider. A use that provides
care, protection and supervision for individuals on a regular basis
away from their primary residence for less than twenty-four (24) hours
per day. Residential day-care facilities shall meet all requirements
and specifications of the Division of Health and other State or local
agencies having jurisdiction over child-care facilities.
Intentional transfer by the developer to the public of ownership
of, or an interest in, land for public purpose. Dedication may be
affected by compliance with Statutes relating to dedication of land,
by formal deed by conveyance, or by any other method recognized by
the laws of the State of Missouri.
An automobile, truck or other motor vehicle which has been
either damaged to such extent that it cannot operate under its own
power and will require major repairs before being made usable or does
not comply with State or municipal vehicle licensing laws or ordinances.
That person, firm or corporation by whom a tract will be
subdivided and/or improved pursuant to the requirements of this Chapter.
The act of changing as well as the state of a lot or combination
of lots after the function of the tract of land has been purposefully
changed by man, including, but not limited to, structures on the land
and alterations to the land.
A part or parts of the City of Woodson Terrace for which
the Zoning Ordinance establishes uniform regulations governing the
development and use of land therein.
An establishment or business maintained for the pickup and
delivery of dry cleaning and/or laundry without the maintenance or
operation of any laundry or dry-cleaning equipment or machinery on
the premises.
An establishment intended to be used for cleaning fabrics,
textiles, apparel, or articles of any sort by immersion and agitation
in volatile solvents and the processes incidental thereto.
Any building or portion thereof used exclusively for human
habitation, except hotels, motels, dormitories, house trailers, or
boardinghouses. The term "single-family dwelling" as used in this
Zoning Ordinance shall include any residential home, foster care home,
or any similar home or residence as required by State law. The following
terms associated with dwelling shall have the following meanings:
APARTMENTRoom or suite of rooms within a building 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.
LOFTA dwelling located above the first floor of a non-residential use such as a store or office.
SINGLE-FAMILY ATTACHED DWELLING (DUPLEX)A dwelling situated on one lot occupied exclusively by two families, respectively, in separate dwelling units living independently of each other.
TOWNHOUSEA group of three (3) or more dwellings situated on one lot occupied by families in separate dwelling units living independently of each other.
SINGLE-FAMILY ATTACHED DWELLING (VILLA)Single-family dwellings sharing a common wall but situated on separate lots each with a private exterior entrance designed to be occupied exclusively by separate families with no other dwelling unit located above or below another.
SINGLE-FAMILY DETACHED DWELLINGA dwelling situated on one lot designed to be occupied exclusively by one family.
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The following illustrations are intended to demonstrate
some of the above terms.
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A grant by a property owner to the public, a corporation,
or a person(s) of the use of a described area of land for specified
purposes, where fee simple title to the land remains with the property
owner.
A professional engineer registered in the State of Missouri.
One (1) or more persons who are related by blood, marriage,
or adoption (including foster care), living together and occupying
a single housekeeping unit with single kitchen facilities, or a group
of not more than three (3) persons living together by joint agreement
occupying a single housekeeping unit with single kitchen facilities,
on a non-profit, cost-sharing basis, subject to any exceptions as
may be required by law.
The offering for sale of fresh agricultural products directly
to the consumer at an open-air market designated and approved by the
City as a seasonal or temporary use.
A barrier constructed of man-made or natural materials, intended
to maintain privacy and/or to prevent intrusion upon the property.
A barbed fence, a fence with spikes, other sharp points or
a razor blade fence.
A fence with an opaque value of seventy percent (70%) or
greater.
A fence whose principal material is wire. This includes,
but is not limited to, chain link.
An office establishment or business that primarily performs central banking functions and accepts deposits and lends funds from these deposits. Such establishment may include these services to patrons and customers through an accessory drive-through, when permitted pursuant to Section 400.420. Uses include banks; savings associations; savings and loan institutions; investment banking; brokerage for securities or commodities; credit reporting services; certified financial planning; accounting; auditing; bookkeeping; credit service offices, including credit unions; holding and investment services; savings and loan association offices; and consumer and mercantile credit reporting services. Financial services does not include pawnshops, businesses primarily engaged in check cashing or issuing money orders or title loan establishments or other businesses offering short-term consumer loans secured by personal property, certificates of title to such property, estimated tax refunds or other such collateral (all of which are prohibited money-changing/money-brokering uses). (See also "payday loan establishments.")
Any person or aggregation, congregation or assembly of vendors,
whether professional or non-professional, that offers for sale, trade
or barter any goods permitted by law, regardless whether they are
new, used, antique or handmade; and where offered for sale in open-air
areas, buildings or temporary structures.
The gross floor area of the building measured from the exterior
faces of the exterior walls or from the center line of walls separating
two (2) buildings.
A use engaged in the manufacture of food and food products,
including non-retail bakeries, canning facilities and creameries.
A food truck is a mobile, fully self-contained unit with
valid State of Missouri registration that sells only food and/or beverages
(non-alcoholic) and that utilizes no outside cooking area. Mobile
food vendors which stop for less than or equal to thirty (30) minutes
at a single location shall not be considered food trucks.
The length of the front lot line of a lot abutting a street
measured along the dividing line between the property and the street.
An establishment engaged in preparing the human deceased
for burial or cremation and arranging and managing funerals.
An establishment offering furniture, appliances, televisions,
stereos and/or other electronic equipment and other household items
for sale.
An accessory building with capacity for not more than two
(2) motor vehicles for storage only, provided, however, a private
garage may exceed a two-vehicle capacity if the lot whereon such garage
is located contains not less than three thousand (3,000) square feet
for each vehicle stored, and provided that such garage shall not exceed
twelve (12) feet in height or occupy more than thirty percent (30%)
of the required rear yard and meet all other requirements of this
Chapter.
A building, or portion thereof, designed or used exclusively
for term storage of motor-driven or motor vehicles, as distinguished
from daily storage; and at which gasoline, motor fuels, and oils are
not sold and motor-driven or motor vehicles are not serviced, equipped,
repaired, hired or sold.
A commercial recreation facility resembling golf but containing
short holes, the majority of which are less than three hundred (300)
feet in length, and primarily utilizing putting irons.
The average level of the finished surface of the ground that
meets the exterior walls of a building.
An establishment where flowers, trees, and other products
that are commonly used as landscaping in and around buildings are
grown and sold.
An establishment or place of business conducted indoors where
members and guests may exercise on equipment and within facilities
provided for a fee.
An accessory use to a single-family residence where a business
activity is carried on by no more than two (2) members of a family
residing on the premises and providing that, except as otherwise provided
by law, there are no signs or any display that will indicate from
the exterior of the building that it is being utilized, in whole or
in part, for any purpose other than that of a dwelling; providing,
also, that there is no stock-in-trade or commodity sold upon the premises,
no person is employed other than a member of the family residing on
the premises, and no mechanical equipment is used except such as is
customary for purely domestic or household purposes.
An institution providing medical and surgical care for both
inpatients and outpatients and including medical service, training,
and research facilities.
A place where sleeping accommodations are provided for pay
or compensation by transient guests for periods of not more than twenty-eight
(28) consecutive days; and having more than twelve (12) bedrooms which
are furnished, used and maintained for the accommodation of such guests.
A commercial land use regularly providing shelter in a building
or portion thereof in which access is provided through a common entrance,
lobby or hallway and which contains six (6) or more guest rooms. Occupants
may stay for periods of twenty-eight (28) or fewer days or longer
than twenty-eight (28) days subject to payment of a transient occupancy
tax ("TOT") as determined and established by the governing body at
the time of development review. An extended-stay hotel is an operating
business that is intended for individuals who may need to stay for
twenty-eight (28) days or more, but intend their occupancy to be temporary;
that is, they shall maintain a permanent place of residence elsewhere.
A use engaged in the basic processing and manufacturing of
materials or products predominantly from extracted or raw materials,
or a use engaged in storage of, or manufacturing processes using,
flammable or explosive materials, or storage or manufacturing processes
that potentially involve hazardous or commonly recognized offensive
conditions. Such uses include asphalt plants; oil and gas production;
manufacture of cement, lime, gypsum and plaster of paris, chemicals
and allied products, fabricated metal products, rubber and plastics
products, stone, clay, glass and concrete products, and transportation
equipment.
A use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental indoor storage,
sales and distribution, of such products, but excluding basic industrial
processing as described in the definition of "heavy industrial use."
Construction on an existing vacant lot on an existing street
in an existing neighborhood or developed area. Infill development
shall also include lots where more than fifty percent (50%) of the
primary structure is altered.
A building occupied by a non-profit corporation or a non-profit
establishment for public use.
A parcel of land on which waste material and/or inoperative
vehicles and other machinery are collected, salvaged, or sold.
The use of land or buildings for the purpose of selling,
breeding, boarding, or training dogs or cats or both, or the keeping
of three (3) or more dogs or cats over two (2) months of age.
A platted parcel of land intended to be separately owned,
developed, leased or otherwise used.
The total horizontal area within the boundaries of a lot.
The area of a zoning lot occupied by the principal structure
or structures and accessory buildings.
The average horizontal distance from the front lot line to
the rear lot line.
The lines bounding a lot as defined below:
FRONTThe boundary between a lot and the street on which it fronts. (For clarification of the front lot line location, see the illustration below.)
REARAny lot line that is not a front lot line or a side lot line. (For clarification of the rear lot line location, see the illustration below.)
SIDEAny lot line connecting a front and rear lot line. (For clarification of the side lot line location, see the illustration below.)
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Lot Types and Setbacks
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A lot which is part of a subdivision, the plat of which has
been recorded in the office of the Recorder of Deeds of St. Louis
County; or a parcel of land which was legally approved and the deed
recorded in the office of the Recorder of Deeds of St. Louis County
prior to the adoption of this Chapter. A deed of trust is not to be
considered a deed by the terms of this definition.
The average horizontal distance between the side lot lines.
A structure which bears a seal indicating compliance with
the Federal manufactured home construction and safety standards established
pursuant to 42 U.S.C. 5401, and constructed on or after June 15, 1976.
The following illustration is intended to demonstrate a typical manufactured
home.
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Manufactured Home
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Residential Character
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Architectural Details
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Manufactured Home Features
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Covered entry
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Front porch
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Landscaping
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Window elements
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Permanent masonry
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Factory-built
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Horizontal lap siding
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Foundation
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Pitched roof
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An establishment that is not licensed by the State of Missouri
as a massage therapy establishment and that provides baths and body
massages or either of them. Nothing herein contained shall apply to
a licensed massage therapist or an establishment where massage therapy
is practiced, including an accredited college, certified to operate
in Missouri by the Coordinating Board of Higher Education, from offering
a massage therapy course of study in which its students and employees
may give body massages as a required part of college's curriculum
or State requirement, provided that the percentage of students taking
the course is not more than thirty-three percent (33%) of the entire
enrollment of the college. A massage parlor shall also include the
term "bath house."
An establishment licensed by the State of Missouri that offers
therapeutic massage as defined in Chapter 329, RSMo., as amended.
The definition does not include establishments that offer illicit
sexual services under the guise of therapeutic massage; see "massage
parlor."
A building or group of buildings consisting of individual,
self-contained units leased to individuals, organizations, or businesses
for self-service storage of personal property.
A transportable, factory-built structure designed to be used
as a single dwelling unit that was manufactured prior to June 15,
1976, and that does not bear a seal as provided by the Federal Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sec.
5401).
A manufactured residential structure built to a nationally
recognized and accepted construction standard published by the Building
Officials and Code Administrators International, Inc. (BOCA) or the
International Conference of Building Officials (ICBO) and the unit
is inspected and certified at the factory that it meets said standard.
A modular home shall have exterior structure materials and appearance
similar to the customary single-family structures and shall be permanently
situated on a concrete foundation. The following illustration is intended
to demonstrate a typical modular home.
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Modular Home
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Residential Character
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Architectural Details
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Permanent Features
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Pitched roof
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Eave projection
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Walkway and stairs
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Covered entry
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Varying depths
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Formal landscaping
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Enclosed garage
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Ornamental windows
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Footings and foundation
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A business or establishment that offers for its patrons dancing
accommodations exceeding twenty percent (20%) of the total floor area
of the establishment. Uses shall include nightclubs, private clubs
or other uses offering dancing accommodations for patrons of any age.
The facility shall be duly approved and licensed as required by applicable
State and local regulations.
A land use or structure which existed lawfully on the date
this Zoning Ordinance or any amendment thereto became effective and
which fails to conform to one (1) or more of the applicable regulations
in the Zoning Ordinance or amendment thereto.
A lot of record that existed lawfully, whether by variance
or otherwise, on the effective date of the adoption of this Chapter
or any amendment thereto, but because of such adoption or amendment
of this Chapter fails to conform to the applicable area, width, depth
or other regulations related to lot dimension of this Chapter, as
amended.
An unreasonable interference with the enjoyment or use of
property.
A building intended for use as a medical care facility for
persons who need nursing care and medical service but do not require
intensive hospital care. Includes assisted living and convalescent
care facilities.
A building or portion of a building wherein services are
performed involving predominantly administrative, professional, or
clerical operations.
Land which may be dedicated or reserved for acquisition for
general use by the public, including parks, recreational areas, school
sites, community or public building sites, and other public lands.
Storage of material or goods on the ground outside of a building.
A portion of a property outside of any building where merchandise,
goods or other items are placed in public view for the purpose of
direct sale or lease to customers.
Overlay districts are special zones placed on top of existing
zoning districts for the purpose of providing relief from the underlying
zoning district requirements for a specific area to help spur revitalization.
An area open to the general public and reserved for recreational,
educational, or scenic purposes.
A tract of land used for the temporary parking (one (1) day or less) of motor vehicles as an accessory use. Accessory parking lots shall be limited to storing only the vehicles associated with the principal use they serve, unless a joint (shared) parking agreement is approved by the Board pursuant to Section 400.300(A)(2). Parking lots must be paved with asphaltic concrete, Portland cement concrete or other approved material.
A tract of land used for the temporary parking (one (1) day
or less) of motor vehicles as a principal use and which is available
for public use whether free, for compensation, or as an accommodation
for clients or customers. Unless otherwise permitted by law, parking
lots shall not be permitted as a principal use in the City of Woodson
Terrace.
An area surfaced with asphaltic concrete, Portland cement
concrete or other approved material, properly graded for drainage,
usable and accessible for vehicle storage, enclosed in a main building,
in an accessory building, or unenclosed and located on the same lot
as the building or use it is intended to serve. The space shall be
large enough to accommodate one (1) motor vehicle (nine (9) feet wide
by nineteen (19) feet deep). The overnight storage of a vehicle(s)
in a non-residential district shall require a permit and fee as determined
by the Board of Aldermen for any use that would not customarily require
the overnight storage of a vehicle.
An establishment or individual or business entity which lends
money on the deposit or pledge of physically delivered personal property,
other than property the ownership of which is subject to a legal dispute,
securities, printed evidence of indebtedness or printed evidence of
ownership of the personal property, or who deals in the purchase of
such property on the condition of selling the property back again
at a stipulated price. The business of a pawnbroker does not include
the lending of money on deposit or pledge of title to property.
An establishment that engages in transactions in which a
short-term cash advance is made to a consumer in exchange for a customer's
post-dated check in the amount of the advance plus a fee, or in exchange
for a consumer's authorization to debit a transaction account in the
amount of the advance plus a fee at a designated future date. Uses
include check-cashing stores. The classification does not include
a State or Federally chartered bank, savings association, credit union,
or industrial land company. Further, this classification does not
include establishments selling consumer goods where the cashing of
checks or money orders is incidental to the main purpose of the business.
An easement or right-of-way dedicated to public use to facilitate
pedestrian access to adjacent streets and properties.
Uses which are listed in each zoning district under the title
"Permitted Land Uses and Developments."
A permissive, voluntary, and alternate zoning procedure designed
to permit flexibility in building types and relationships between
buildings. In any district, a tract of land may be developed for any
of that district's permitted or conditional uses, provided that approval
is obtained by securing a planned development permit in compliance
with the procedure delineated for the Planning Overlay Districts.
In the case of planned developments within the "R" Residential District,
the total number of dwelling units in the planned development shall
not exceed the total number permitted under the regulations of the
residential district or districts within which the planned development
lies; excluding, therefrom, the area used for streets. Height, lot
area, lot dimensions, yard, off-street parking, off-street loading,
and sign requirements shall be limited by the conditions in the ordinance
authorizing the establishment of the particular planned development.
An official designated as such by the Planning and Zoning
Commission of Woodson Terrace, Missouri, for matters pertaining to
the subdivision of land. Unless stated otherwise, this representative
will be the Director of Economic Development of Woodson Terrace, Missouri.
A subdivision of land legally approved and recorded.
The legally recorded boundary of a lot, tract, or other parcel
of land.
A use owned or operated by a publicly owned or publicly licensed
or franchised agency which provides essential public services such
as utility, emergency, and safety services, including filtration plants,
pump stations, sewage treatment plants, police and fire stations,
post offices, government administration buildings or other governmental
uses. Wireless communication facilities as defined herein are not
included in this definition.
A public facility owned and operated by Woodson Terrace.
A vehicle used for purposes of recreation and amusement,
including a portable vehicular structure without a permanent foundation
that can be towed, hauled or driven and is primarily designed as a
temporary living accommodation for recreational, camping and travel
use. The definition includes, but is not limited to, motorcycles,
mopeds, scooters, travel trailers, truck campers, camping trailers,
boats, personal watercraft, snowmobiles, go-carts, tent trailers,
fifth-wheel trailers, and self-propelled motor homes. Recreational
vehicle does not include manufactured home or mobile home.
A commercial establishment or place of business primarily
engaged in the provision of sports, entertainment, or recreation for
participants or spectators. Recreation facility as defined here does
not include any adult uses. It shall include golf driving ranges,
miniature golf, batting cages, billiards halls, bowling alleys, arcades,
skating rinks, swimming pools, indoor shooting ranges or archery ranges
operated as a commercial or for-profit endeavor for recreational use
of its patrons.
An establishment primarily engaged in specialized repair
services such as appliance repair, jewelry repair, bicycle repair,
furniture repair or reupholstering services, leather goods repair
(including shoe), lawn mower and lawn equipment repair, lock and gun
repair, musical instrument repair, and radio, stereo, DVD, TV, or
repair of other electronic devices where the repairs primarily take
place at the business establishment. This use does not include automotive
repair shops. Repairs and all associated materials shall be performed
inside a fully enclosed building. Storage of goods shall be inside
a fully screened enclosure.
A retail establishment that may include the sale of used
merchandise and may accept donations or goods on consignment. A conditional
use permit shall be required for shops greater than five thousand
(5,000) square feet (including storage areas). The definition does
not include businesses that sell primarily antiques and/or artwork.
Any building, or portion thereof, which is designed or used
exclusively for residential purposes, except hotels, motels, dormitories
and boardinghouses.
Any establishment whose principal business is the sale of
foods, frozen desserts, or beverages in ready-to-consume, individual
servings; for consumption either within the restaurant building or
for carryout, and where either foods, frozen desserts, or beverages
are usually served in edible containers or in paper, plastic, or other
disposable containers, and where customers are not served their food,
frozen desserts or beverages by a restaurant employee at the same
table or counter where the items are consumed; or the establishment
includes a drive-up or drive-through service facility or offers curb
service.
An establishment where the sale of foods prepared for consumption
on the premises represents the major source of income for the establishment.
The sale of commodities and services directly to customers,
when such commodities and services are used or consumed by the customer
elsewhere than on the premises and not purchased primarily for the
purpose of resale.
That portion of any street between the curbs which is designated
for vehicular traffic.
Material which has gone through one (1) or more stages of
processing.
The average horizontal distance between the building line
and the related lot lines.
The triangular area of a corner lot bound by the property
lines and a line connecting the two (2) points on the property lines
thirty (30) feet from the intersection of the property lines in which
nothing shall be erected, placed, planted, or allowed to grow in such
a manner as to materially impede vision; also known as "clear vision
areas."
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Sight Distance Triangle
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A name, identification, description, display, or illustration
which is affixed to, or points out, a building, structure, or tract
of land, and which directs attention to an object, product, place,
person, service, activity, institution, organization or business.
The following is a list of common sign types. The accompanying illustrations
are intended to demonstrate some of the characteristics of the defined
signs.
AWNING, CANOPY OR MARQUEE SIGNA sign that is mounted on, painted on, or attached to an awning, canopy or marquee. No such signs shall project above, below or beyond the awning, canopy or marquee.
BUSINESS SIGNA sign which directs attention to a business or profession conducted, or to products, services or entertainment sold or offered upon the premises where such sign is located, or to which it is affixed.
CONSTRUCTION SIGNSA temporary sign providing information about a future development or current construction on a site and the parties involved in the project. Construction signs shall only be permitted during the construction period and only on the premises on which the construction is taking place.
ELECTRONIC MESSAGE DISPLAYA sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. Such displays shall contain static messages only, and shall not have movement, or the appearance or optical illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement of any illumination or the flashing, scintillating or varying of light intensity.
ELEVATED SIGNAny sign placed upon, or supported by, the ground independent of the principal structure on the property where the bottom edge of the sign is ten (10) feet or more above the ground level. (X = 1/2 of the sign face, Y = 1/4 of width of base, Z = 35 feet above the base elevation. Bottom of sign shall be at least ten (10) feet above the ground elevation.)
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Elevated Sign
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ELEVATED/PROJECTING ROOF SIGNA sign totally supported on the roof of a structure, not including flush-mounted logo roof signs. Elevated/projecting roof signs shall not project more than twelve (12) inches beyond the face of the structure. In no case shall an elevated/projecting roof sign project more than ten (10) feet beyond the highest point of the roof on which the sign is located.
GROUND SIGNAny sign placed upon, or supported by, the ground independent of the principal structure on the property, where the bottom edge of the sign is less than six (6) feet above the ground, and the base is no less than fifty percent (50%) of the width of the face of the sign, presenting a monolithic structure. The maximum height shall be no more than ten (10) feet. If the base of the sign is less than five (5) feet, no planter is required.
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Ground Sign
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IDENTIFICATION SIGNA sign giving the name and address of a structure, business, development or establishment. Such signs may be wholly or partly devoted to a readily recognized symbol.
ILLUMINATED SIGNAny sign designed to internally give forth artificial light or designed to reflect light from one (1) or more exterior sources of artificial light erected for the sole purpose of illuminating the sign.
INDIRECTLY ILLUMINATED SIGNA sign which does not produce artificial light from within itself but which is illuminated by spotlights, floodlights, or other artificial light source(s) not a part of the sign itself.
INFORMATION SIGNA sign which identifies a non-commercial or institutional activity such as historic markers, school activity signs, or church bulletin boards.
INTERNALLY ILLUMINATED SIGNA sign so designed that its source of artificial light is contained within itself and said source is not directly visible when in normal operation.
MECHANICAL SIGNA sign that contains moving parts, creates the effect or illusion of having any moving parts, or has flashing or intermittent lighting.
MONUMENT SIGNAny sign whose base is greater in width than the face of the sign, and whose height is no greater than six (6) feet. (X = 110% of the width of the sign face, Y = 10% of the sign face.)
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Monument Sign
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NAMEPLATE SIGNA sign giving the name and/or address of the owner or occupant of a structure or premises on which it is located and, where applicable, a professional status.
OFF-PREMISES SIGN (BILLBOARD)A sign which contains a message unrelated to a premises or profession or to a commodity, service or entertainment sold or offered upon the premises where such sign is located, excluding political signs.
POLITICAL ELECTION SIGNAny sign relating to a candidate, political party, ballot issue, or other issue to be voted upon in any public election. Political signs shall not be paced in the right-of-way.
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Political Election Sign
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PORTABLE DISPLAY SIGNAny movable display structure capable of relocation, under its own power or towed by a motor vehicle. The display message of the sign may be painted or non-painted and capable of being readily altered. Portable display signs may be with or without electrical illumination and power, and with or without wheels.
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Portable Sign
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PROJECTING SIGNA sign that is wholly or partly dependent upon a structure for support and which projects more than twelve (12) inches from such structure.
REAL ESTATE SIGNA temporary sign pertaining to the sale or lease of a lot or tract of land on which the sign is located, or to the sale or lease of one or more structures, or a portion thereof on which the sign is located.
ROOF SIGN, FLUSH-MOUNTED, LOGOA sign totally supported on the roof of a structure that displays the logo of the tenant of such structure. Flush-mounted logo roof signs shall be mounted parallel to and flush with the roof's surface. In no case shall a flush-mounted logo roof sign project above the highest point of the roof (compare to "elevated/projecting roof sign").
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Flush-Mounted Logo Roof Sign
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TEMPORARY SIGNA sign not constructed or intended for long-term use.
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Temporary Sign
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WALL SIGNA sign fastened to or painted on a wall of a structure in such a manner that the wall becomes merely the supporting structure or forms the background surface, and which does not project more than twelve (12) inches from such structure.
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Wall Sign
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WINDOW SIGNAny sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window. (Limited to twenty percent (20%) of the total window glass area.)
The area of a sign shall include the space to be used for
advertising purposes, including the spaces between open-type letters
and figures, including the background structure, or other decoration
or addition which is an integral part of the sign. The perimeter shall
not include any structural or framing elements lying outside the perimeter
and not an integral part of the sign.
The vertical distance measured from either the ground elevation
of the structure supporting the sign or the upper surface of the nearest
curb or edge of a street, whichever is lower, to the highest point
of a sign.
The area enclosed by the perimeter of the face of a sign,
but not including structure supports.
That portion of a building included between the surface of
a floor and the upper surface of the floor or roof above it.
A story under a gable, hip or gambrel roof, the wall plates
of which on at least two (2) opposite exterior walls are not more
than three (3) feet above the top floor level of such story.
A general term denoting a public or private thoroughfare
which affords the principal means of access to abutting property.
The term includes all facilities which normally occur within the right-of-way.
It shall also include such other designations as highway, thoroughfare,
parkway, throughway, road, pike, avenue, boulevard, lane, place, and
court, but shall not include an alley or a pedestrianway.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders, or any substantial change
in the roof or in the exterior walls.
See "building."
A tract of land consisting of five (5) acres or less of land
and proposed for subdivision or resubdivision into two (2) or less
tracks.
A building or premises devoted to showing motion pictures,
or for live dramatic or musical performances. Terms associated with
theater shall be defined as follows:
DRIVE-IN MOTION PICTURE THEATERAn open lot with its appurtenant facilities devoted primarily to the showing of motion pictures or other prerecorded productions to patrons seated in automobiles.
MOTION PICTURE THEATERA building primarily used for the exhibition of movies or other prerecorded productions to the general public in an indoor setting.
PERFORMING ARTS THEATERA building primarily used for the presentation of live performances of plays or music.
Any person, entity or business that lends money to a borrower
and in exchange retains physical possession of the State-issued certificate
of title to the personal property of the borrower.
An area or parcel of land which the developers intend to
subdivide and/or improve, or to cause to be subdivided and/or improved
pursuant to the requirements of this Chapter.
As utilized herein, any functional, social, or economic or
technological activity which is imposed or applied to land or to structures
on the land.
A modification or variation of the provisions of this Chapter
as applied to a specific piece of property and approved by the Board
of Adjustment.
A facility for the practice of veterinary medicine.
A structure for use as a storage place for goods, material,
or merchandise.
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided herein. In measuring
a yard for the purpose of determining the width of a side yard, the
depth of a front yard or the depth of a rear yard, 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 street or place line and the
main building or any projections thereof other than the projections
of the usual uncovered steps, uncovered balconies, or unenclosed porch.
On corner lots, the front yard shall be considered as parallel to
the street upon which the lot has its least dimension.
A required yard extending across the full width of the lot
at the opposite end of the lot from the front yard, and measured between
the rear line of the lot and the rear of the main building or any
projections thereof other than the projections of uncovered steps,
unenclosed balconies, unenclosed porches, patios, or terraces. On
corner lots the rear yard shall be considered as parallel to the street
upon which the lot has its least dimension.
A required yard between the nearest point of the building
and the side lines of the lot and extending from the front lot line
to the rear lot line.
[1]
Editor's Note: See Section 89.020, RSMo.
