[R.O. 2012 §405.010; Ord. No. 727 §1, 3-6-2000]
These regulations constitute and may be referred to as "The
Ash Grove Zoning Code".
[R.O. 2012 §405.020; Ord. No. 727 §1, 3-6-2000]
A.
In
order to promote the health, safety, morals, and the general welfare
of the City of Ash Grove, Missouri, this Chapter divides the City
into districts to regulate and restrict the height, number of stories,
size of buildings and other structures, the percentage of lot that
may be occupied, the size of yards, courts and other open spaces,
the density of population, the preservation of features of historical
significance, the location and use of buildings, structures and land
for trade, industry and residence or other purposes; and the erection,
construction, reconstruction, alteration, repair or use of buildings,
structures or land.
B.
These
regulations are made in accordance with a Comprehensive Plan and with
Sections 89.010 to 89.140, RSMo., and amendments thereto, and are
designed to:
1.
Lessen congestion in the streets;
2.
Secure safety from fire, panic and other dangers;
3.
Promote health and the general welfare;
4.
Provide adequate light and air;
5.
Prevent the overcrowding of land;
6.
Avoid undue concentration of population;
7.
To preserve features of historical significance; and
8.
Facilitate the adequate provision of transportation, water, sewerage,
schools, parks and other public requirements.
C.
These
regulations are made with reasonable consideration of the character
of the district and its peculiar suitability for particular uses and
with a view of conserving the value of buildings and encouraging the
most appropriate use of land throughout the City of Ash Grove.
[R.O. 2012 §405.030; Ord. No. 727 §1, 3-6-2000]
For the purposes of this Chapter, certain terms and words are
hereby defined. Words used in the present tense shall include the
future; the singular number shall include the plural and the plural
the singular; the word "building" shall include the
word "structure" and the word "shall" is mandatory and not directory.
A detached subordinate building, located on the same lot
with the main building, the use of which is incidental to the main
building or to the main use of the premises.
Any use which is incidental to and subordinate to the main
use of the premises.
Any structure, object or device erected, maintained or used
for advertising purposes related to the permitted principal use of
the premises upon which it is located. This definition includes the
terms "sign"; "roof-signboard"; "signboard"; "advertising display", but
does not include the term "billboard".
The growing of crops in the open and the raising of such
livestock and poultry as are incidental to the acreage farmed. Feeder
operations shall be considered commercial operations and not allowed.
The feeding or disposal of community or collected garbage shall not
be deemed an agricultural use, nor shall riding academies, livery
or boarding stables or dog kennels be so considered.
A public thoroughfare which affords only a secondary means
of access to abutting property.
Any change or modification in construction or occupancy.
A room or suite of rooms in a multiple dwelling or where
more than one (1) living unit is established in any building intended,
designed, used or suitable for use by one (1) or more persons as a
place of residence with culinary accommodations.
A building or portion thereof intended, designed, used or
suitable for use as a residence for three (3) or more families living
in separate apartments.
An establishment primarily engaged in the repair or maintenance
of motor vehicles, trailers and similar large mechanical equipment,
including paint, body and fender and major engine and engine part
overhaul, which is conducted within a completely inclosed building.
An establishment primarily engaged in the repair or maintenance
of motor vehicles, trailers and similar mechanical equipment, including
brake, muffler, upholstery work, tire repair and change, lubrication,
tune-ups and transmission work, which is conducted within a completely
enclosed building.
That portion of property where flammable or combustible liquids
or gases used as fuel are stored and dispersed from fixed equipment
into the fuel tanks of motor vehicles. Such an establishment shall
be permitted to offer for sale at retail other convenience items as
a clearly secondary activity and shall be permitted also to include
a free-standing automatic car wash.
That portion of property where flammable or combustible liquids
or gases used as fuel are stored and dispersed from fixed equipment
into the fuel tanks of motor vehicles. Accessory activities shall
be permitted to include automotive repair and maintenance, car wash
service and food sales.
A story partly or wholly underground but having more than
one-half (½) of its height below the average level of the adjoining
ground.
A limited commercial activity, conducted within a structure,
occupied as a permanent dwelling by the proprietor, which includes
dining and bathroom facilities with sleeping rooms for short-term
guest lodging.
Any structure, object or device erected, maintained or used
for advertising purposes not related to a principal use of the premises
upon which it is located.
A building or place, other than a hotel, where by prearrangement
and for compensation, lodging and meals for a definite period are
provided for three (3) or more persons; and such accommodations are
not furnished to transient or overnight customers.
A structure having a roof supported by columns or walls intended,
designed, used or suitable for use for the support, enclosure, shelter
or protection of persons, animals, or property; and when separated
by fire walls each portion of such structure so separated shall be
deemed a separate building.
The vertical distance from the "grade" to the highest point
of the coping of a flat roof, or to the deck line of a mansard roof,
or to the mean height between eaves and ridge of gable, hip, curved
and gambrel roofs.
A building in which is conducted the principal use of the
lot or parcel upon which it is situated. Every dwelling in the residence
district is a main building.
The land area, consisting of one (1) or more lots or parcels
or land under common ownership or control, considered as the unit
of land occupied or to be occupied by a main building or buildings
and accessory buildings, or by a principal use or uses accessory thereto,
together with such parking and loading spaces, yards and open spaces
as are required by these regulations.
The keeping for part-time care and/or instruction, whether
or not for compensation, of four (4) or less children at any one time
within a dwelling, not including members of the family residing on
the premises.
An establishment for the care and/or instruction, whether
for compensation, of five (5) or more persons at any one time. Child
nurseries, preschool and adult care facilities are included in this
definition.
A section or sections of the City of Ash Grove specifically
declared within which the regulations governing the use of buildings
and premises are uniform.
A type of retail sales which encourages, recognizes, or permits
patrons or customers to call for service by the flashing of lights
or by the parking of motor vehicles at a particular place, intended
to result in a cash sale and delivery outside of the places of business
to such patrons or customers of food or beverage ready and intended
for immediate human consumption without cooking or further preparation.
A lot or land or part thereof used primarily for the disposal
by abandonment, dumping, burial, burning or any other means, and for
whatever purpose, of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles, or parts thereof or waste materials of any kind.
Any building or portion thereof which is designed or used
primarily for residential purposes.
Two (2) or more detached or attached single-family, two-family
or multiple-family dwellings occupying a single building site and
having yards or open space in common, but not including a motel or
hotel or motor hotel.
A building or portion thereof designed with accommodations
for or occupied by three (3) or more families living independently
of each other who may or may not have joint services or facilities
or both. The term includes dormitories and lodging and rooming houses
but does not include hotels, motels and tourist courts.
A detached building or portion thereof designed for or occupied
exclusively by one (1) family. For the purpose of any zoning law,
the classification single-family dwelling or single-family residence
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 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. In the case of any such residential
home for mentally or physically handicapped persons, the exterior
appearance of the home and property shall be in reasonable conformance
with the general neighborhood standards and there shall be no group
home within two thousand five hundred (2,500) feet of another group
home in this City.
A building or semi-detached building or portion thereof designed
or occupied exclusively by two (2) families living independently of
each other.
An individual, or two (2) or more persons related by blood
or marriage, or a group of not more than four (4) persons not related
by blood or marriage living together as a single housekeeping unit
in a dwelling unit.
A wall below the floor nearest grade which serves as a structural
support for a wall, pier, column or other part of a building, or the
wall of a basement that resists lateral soil load.
Any accessory building designed or used only for the housing
and storage of automobiles which are the property of, or provided
for, the exclusive use of the occupants of the lot or premises upon
which such building is located and having no provisions for the repairing
or equipping of such vehicles. No more than one (1) of the vehicles
may be a truck or commercial vehicle not exceeding three (3) tons
capacity as rated by the manufacturers.
The Board of Aldermen of the City of Ash Grove, Missouri.
(The terms are synonymous.)
Two (2) or more detached or attached dwellings occupying
a single premises and having a yard or other open space in common,
but not including a motel.
Any use customarily conducted entirely upon the premises
and carried on by a member of the family, related by marriage or blood,
residing in the dwelling, which use is clearly incidental and secondary
to the use of the premises for dwelling purposes and which use neither
changes the character thereof nor adversely affects the uses permitted
in the district of which it is a part, no signs are displayed, except
as permitted in this Chapter, no commodity is sold upon the premises,
except that which is prepared on the premises, no outdoor display
or storage of materials or supplies, and no mechanical equipment is
used that makes any loud, unnecessary, or unusual noise, or any noise
which annoys, disturbs, injures, or endangers the comfort, repose,
health, peace or safety of others.
Any building or portion thereof having a common entrance,
lobby, halls, stairs, and elevators, which is designed or used to
offer for hire, by the general public, rooms for temporary lodging
of transient guests and in which no provisions are made for cooking
in the individual rooms or apartments.
See "MOBILE HOME".
A parcel of land upon which the principal or accessory use
is the accumulation of used, discarded, or worn out materials, or
manufactured products, any of which may or may not be reusable or
salable.
Any place where there are four (4) or more dogs over six
(6) months of age.
Includes, but is not limited to, horses, bovine animals,
sheep, goats, reindeer, donkeys, mules and any other hoofed animals,
but excluding swine.
A parcel of land shown as a unit on a recorded subdivision
plat.
A lot abutting upon two (2) or more streets at their intersection
and shall be deemed to front on that street on which the lot has its
least dimension.
A mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lines of the
lot.
A lot which does not constitute a corner or external lot.
A boundary of a lot which coincides with a street boundary
line. The word "street" as used in this definition
shall not include alley.
The lot line that is most distant from, and is, or is mostly
nearly, parallel to, the front lot line.
The lot line on each side of a lot of record that connects
the front and rear lot lines.
The mean horizontal distances between the side lot lines,
measured at right angles to the lot depth. Where side lot lines are
not parallel, the minimum width of a lot shall be measured at the
front yard setback line, but in no case shall the front lot line be
less than thirty-five (35) feet in width.
A structure, transportable in one (1) or more sections, which
in the traveling mode is eight (8) body feet or more in width or forty
(40) body feet in length, of when erected on site is three hundred
twenty (320) square feet or more, and which is built on a permanent
chassis and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities, and includes
the plumbing, heating, air-conditioning and electrical systems contained
therein.
All vehicles used or so constructed as to permit being used
as conveyances upon the public streets and highways and duly licensable
as such, and constructed in such manner as will permit occupancy thereof
for human habitation, dwellings or sleeping places for one (1) or
more persons, provided further that this definition shall refer and
include all portable contrivances used or intended to be used generally
for living and sleeping quarters and which are capable of being moved
by their own power, towed or transported by another vehicle; provided
that this definition shall not apply to any vehicle lawfully operated
upon fixed rails.
Any plot of ground designed for the accommodation of one
(1) mobile home as herein defined.
A factory-built home, other than a manufactured home, which
meets all of the following requirements:
Is designed only for erection of installation on a site-built
permanent foundation;
Is not designed to be moved once so erected or installed;
Is designed and manufactured to comply with a nationally recognized
model building code or an equivalent local code, or with a state or
local modular building code recognized as generally equivalent to
building codes for site-built housing; or
To the manufacturer's knowledge, is not intended to be used
other than on a site-built permanent foundation.
Any building containing six (6) or more guest rooms intended
or designed to be used, or which are used, rented or hired out to
be occupied, or which are occupied for sleeping purposes by guests.
A use which lawfully occupied a building or land at the time
this Code or any amendment thereto became effective, which has been
lawfully continued and which does not now conform with the use regulations.
A licensed dwelling where persons are housed or lodged and
furnished with professional nursing and convalescent care for a fee.
That area of private property upon which this Chapter prohibits the location of any building or structure except as provided in Article VIII of this Chapter.
All contiguous lands (including lots and parts of lots) held
in one (1) ownership.
An area, other than a private parking area, street or alley,
used for parking of automobiles and available for public or semi-public
use.
A surfaced area of not less than two hundred (200) square
feet on private or public property, either within or outside a building,
suitable in size and location to store one (1) standard automobile.
Any natural individual, firm, trust, partnership, association
or corporation.
A map, plan or layout of a City, township, section, or subdivision
indicating the location and boundaries of individual properties.
A parcel together with all buildings and structures thereon.
See "BUILDING SITE".
Any location whose primary use is where waste or scrap materials
are stored, bought, sold, accumulated, exchanged, packaged, disassembled
or handled, including, but not limited to, scrap metals, paper, rags,
tires and bottles and other such materials.
A building or portion thereof other than a hotel, where lodging
of four (4) or more persons is provided for compensation.
Any location whose primary use is where waste or scrap materials
are stored, bought, sold, accumulated, not limited to, materials such
as scrap metals, paper, rags, tires and bottles.
The distance extending across the full width of a lot, the
depth of which shall be measured between the front line of the building
and the centerline of the street right-of-way.
Any words, numerals, figures, devices, designs or trademarks
by which anything is made known, such as are used to designate an
individual, firm, profession, business, or a commodity and which are
visible from any public street or air. See "ADVERTISING SIGN" and "BILLBOARD".
See "PARCEL".
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
be no floor above it, then the space between any floor and the ceiling
next 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 two (2) feet above the floor or such story.
An area of land platted and dedicated for public use, or
lawfully used, as a public thoroughfare for vehicular travel; excluding
from this definition accessways commonly designated as alleys.
A dividing line between a lot, tract or parcel of land and
a contiguous street.
Anything fabricated, assembled, constructed or erected by
the skill of man, the use of which requires more or less permanent
location on the ground or attached to something having a permanent
location on the ground including, but not limited to, buildings, advertising
signs, billboards, poster panels, steak ovens, trash burners, radio
towers, poles and fences.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders; any substantial
change in the roof or in the exterior walls, excepting from this definition
such alterations as may be required for the safety of the building.
A building or part of a building devoted to the showing of
motion pictures on a paid admission basis.
An open lot or part thereof with its appurtenant facilities
devoted primarily to the showing of moving pictures or theatrical
productions on a paid admission basis to patrons seated in automobiles
or on outdoor seats.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall
not be deemed to include any non-conforming use.
See "ACCESSORY USE".
A deviation from the height, bulk, setback, parking or other
dimensional requirements established by this Code.
A street or an alley or other thoroughfare or easement permanently
established for passage of persons or vehicles.
Any place where damaged, inoperable or obsolete machinery
such as cars, trucks and trailers, or parts thereof, are stored, bought,
sold, accumulated, exchanged, disassembled or handled.
An open space on the same lot with a building, unoccupied
and unobstructed by any portion of a structure from the ground upward,
except as otherwise provided herein. In measuring a yard, the depth
of the front yard or the depth of the rear yard, the minimum horizontal
distance between the lot line and the main building shall be used.
A yard extending across the full width of the lot, the depth
of which is the minimum horizontal distance between the front lot
line and a line parallel thereto.
A yard extending across the full width of the lot, the depth
of which is the minimum horizontal distance between the rear lot line
or ordinary high water line and a line parallel thereto.
An open, unoccupied space on the same lot with the building
and between the building line and the side lot line, or to the ordinary
high water line.
The terms "Zoning Commission" and "Planning Commission" are synonymous for the purposes of
this Chapter.
