[1]
Editor's Note — Ord no. 346, from which this chapter
derives, was adopted February 10, 1969, following a public hearing
held pursuant to prior notice duly published, in compliance with §89.050,
RSMo.; ord. no. 346 became effective from passage.
For a case holding that zoning regulations are distinct in
character from building regulations, but such regulations are not
necessarily inconsistent with each other and both sets of regulations
may remain in full force at the same time, see Gavosto v. Town of
Normandy, 452 S.W. 2d 308 (St. Louis Ct. App., 1970).
[R.O. 2012 §405.010; CC 1975 §31-1; Ord. No. 346 Art. 1, §2, 2-10-1969]
In interpreting and applying the provisions of this Chapter,
they shall be construed to be the minimum requirements for the promotion
of the public safety, health, convenience, comfort, morals, prosperity
and general welfare. Wherever the regulations of this Chapter require
a greater width or size of yards, courts or other open spaces or require
a lower height of building or less number of stories or require greater
percentage of lot to be left unoccupied, or require a lower density
of population, or require a more restricted use of land, or impose
other higher standards than are required in any other order or regulation,
private deed restrictions or private covenants, these regulations
shall govern, but if the requirements of such other order, regulation,
private deed restriction or private covenant is the more restrictive,
those requirements shall govern.
[R.O. 2012 §405.020; CC 1975 §31-2; Ord. No. 346 Art. 2, §1, 2-10-1969; Ord. No. 348 §1; Ord. No.
235 §1, 6-11-1985; Ord. No. 263 §1, 3-10-1987; Ord. No. 472 §1, 11-7-2000; Ord. No. 532 §3, 6-1-2004]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
A portion of the main building or a detached subordinate
building located on the same lot, the use of which is customarily
incident to that of the main building or to the use of the land. Where
a substantial part of the wall of an accessory building is a part
of the main building or where an accessory building is attached to
the main building in a substantial manner by a roof, such accessory
building shall be counted as part of the main building.
Living quarters within an accessory building located on the
same premises with the main building, for the sole use of persons
employed on the premises, such quarters having no kitchen facilities
and not rented or otherwise used as a separate dwelling by persons
with other employment.
An establishment having either ten percent (10%) or more
of:
Its stock in trade, in books, photographs, magazines, films
for sale or viewing on or off the premises by use of motion picture
devices, video players, DVD players, computers or coin-operated means,
or other periodicals which are distinguished or characterized by their
principal emphasis on matters depicting, describing or relating to
sex or sexual activity or the principal purpose of which is to sexually
stimulate or sexually arouse the patron viewer or reader; or
Instruments, devices, or paraphernalia that are designed or
marketed for use in connection with specified sexual activities.
Any of the establishments, businesses, buildings, structures
or facilities which fit within the definition of adult bookstore,
adult entertainment facility, bathhouse, massage shop and/or modeling
studio.
Any building, structure or facility which contains or is
used entirely or partially for commercial entertainment, including
theaters used for presenting live presentations, video tapes, DVDs
or films predominantly distinguished or characterized by their principal
emphasis on matters depicting, describing or relating to specified
sexual activities, and exotic dance facilities (regardless of whether
the theater or facility provides a live presentation, video tape,
DVD or film presentation) where the patrons either:
Engage in personal contact with or allow personal contact by
employees, devices or equipment or by personnel provided by the establishment
which appeals to the prurient interest of the patrons; or
Observe any live presentation, video tape, DVD or film presentation
of persons wholly or partially nude, unless otherwise prohibited by
ordinance, with their genitals or pubic region exposed or covered
only with transparent or opaque covering, or in the case of female
persons with the areola and nipple of the breast exposed or covered
only with transparent or opaque covering or to observe specified sexual
activities.
A public or private thoroughfare which affords only a secondary
means of access to property abutting thereon.
Shall have the same meaning as "DWELLING, MULTIPLE".
An open area, other than a street, used for the display,
sale or rental of new or used automobiles or trailers, and where no
repair work is done except minor incidental repair of automobiles
or trailers to be displayed, sold or rented on the premises.
The dismantling or wrecking of used motor vehicles or trailers,
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
A story partly or wholly underground. A basement shall be
counted as a story for purposes of height measurement, where more
than one-half (½) of its height is above the average level
of the adjoining ground.
An establishment or business which provides the services
of baths of all kinds, including all forms and methods of hydrotherapy,
unless operated or supervised by a medical or chiropractic practitioner
or professional physical therapist licensed by the State.
A building other than a hotel where, for compensation, meals
or lodging and meals are provided for not more than three (3) persons.
Any structure having a roof supported by columns or walls
for the housing or enclosure of persons, animals or chattels. Where
dwellings are separated from each other by a division wall without
openings, each portion of such dwelling shall be deemed a separate
building. The word "building" includes the word "structure", and those structures on wheels or other supports
used for business, storage or living purposes.
The vertical distance measured from the adjoining curb level,
to the highest point of ceiling of the top story in the case of a
flat roof; to the deck line of a mansard roof; and to mean height
level between eaves and ridge of a gable, hip or gambrel roof; provided,
that where buildings are set back from the street line, the height
of the building may be measured from the average elevation of the
finished lot grade at the front of the building.
A business engaged in check-cashing operations for a fee
as a primary or substantial element of its business and which is not
licensed by the appropriate State or Federal agency as a banking or
savings and loan facility. Said business shall be prohibited in all
zoning districts of the City of Normandy, Missouri.
A facility licensed by the State of Missouri to acquire,
cultivate, process, package, store on-site or off-site, transport
to or from and sell marijuana, marijuana seeds, marijuana vegetative
cuttings (also known as "clones") to a medical facility, comprehensive
facility, or marijuana testing facility. A comprehensive marijuana
cultivation facility need not segregate or account for its marijuana
products as either non-medical marijuana or medical marijuana. A comprehensive
marijuana cultivation facility's authority to process marijuana
shall include the creation of prerolls, but shall not include the
manufacture of marijuana-infused products.
[Ord. No. 785, 7-11-2023]
A facility licensed by the State of Missouri to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), marijuana-infused products, and drug paraphernalia used to administer marijuana to a consumer, anywhere on the licensed property or to any address as directed by the consumer and consistent with the limitations of Section 2 of Article XIV of the Missouri Constitution and as otherwise allowed by law, to a comprehensive facility, a marijuana testing facility, or a medical facility. Comprehensive dispensary facilities may receive transaction orders at the dispensary directly from a consumer in person, by phone, or via the Internet, including from a third party. A comprehensive marijuana dispensary facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana but shall collect all appropriate tangible personal property sales tax for each sale as set forth in State and local law. A comprehensive marijuana dispensary facility's authority to process marijuana shall include the creation of prerolls.
[Ord. No. 785, 7-11-2023]
A facility licensed by the State of Missouri to acquire,
process, package, store, manufacture, transport to or from a medical
facility, comprehensive facility, or a marijuana testing facility,
and sell marijuana-infused products, prerolls, and infused prerolls
to a marijuana dispensary facility, a marijuana testing facility,
or another marijuana-infused products manufacturing facility. Comprehensive
marijuana-infused products manufacturing facilities need not segregate
or account for its marijuana products as either non-medical marijuana
or medical marijuana.
[Ord. No. 785, 7-11-2023]
A method of adding, replacing or augmenting cosmetic features
by the placement of subcutaneous pigmentation by a licensed doctor
or nurse.
An open unoccupied space, other than a yard, on the same
lot with a building and bounded on two (2) or more sides by such building.
A section of the City for which the regulations governing
the use of buildings and premises, the height of buildings, the size
of yards, and the intensity of use are uniform.
Any building, or portion thereof, which is designed or used
exclusively for residential purposes.
One (1) or more buildings, not more than two and one-half
(2½) stories in height, containing dwelling units and arranged
around two (2) or three (3) sides of a court which opens onto a street,
or a place approved by the Zoning and Planning Commission, including
single-family, two-family, row or multiple-dwellings.
A building or portion thereof designed for or occupied by
more than two (2) families.
A row of three (3) to six (6) attached single-family dwellings,
not more than two and one-half (2½) stories in height, nor
more than two (2) rooms deep.
A building designed for or occupied exclusively by one (1)
family.
A building designated for or occupied exclusively by two
(2) families.
One (1) or more persons occupying a premises and living as
a single housekeeping unit, whether or not related to each other by
birth, adoption or marriage, but no unrelated group shall consist
of more than three (3) persons, as distinguished from a group occupying
a boarding house, lodging house or hotel, as herein defined.
An area which is used for the growing of the usual farm products,
such as vegetables, fruit trees, horticultural growing and products,
and for their packing or storage on the area, as well as for the raising
thereon of the usual farm poultry and farm animals, such as horses,
cattle, sheep and swine, as secondary to crop raising. The term "farm" shall include the commercial feeding of garbage or
offal to swine or other animals.
An artificially constructed barrier of any material or combination
of materials erected so as to enclose or screen from view or access
areas of land and which is in excess of twenty-four (24) inches in
vertical height from the underlying ground.
[Ord. No. 784, 7-11-2023]
Any building or premises used for dispensing, sale or offering
for sale at retail of any automobile fuels or oils, as limited in
the remainder of this Section. When the dispensing, sale or offering
for sale is incidental to the conduct of a public garage, the premises
are classified as a public garage. No tanks or receptacle used for
the storage of gasoline or automobile fuel shall be permitted as part
of a filling station or automobile service station, unless it is located
below the surface of the ground or grade, except by special permit
of the City Council.
All of the property on one (1) side of a street between two
(2) intersecting streets, crossing or terminating, measured along
the line of the street, or if the street is dead-ended, all the property
abutting on one (1) side between an intersecting street and the dead-end
street.
An accessory building housing not to exceed four (4) motor-driven
vehicles which are the property of and for the private use of the
occupants of the lot on which the private garage is located. Not more
than one (1) of the vehicles may be a commercial vehicle of not more
than one and one-half (1½) tons capacity.
Any building or premises, except those used as a private
or storage garage, used for equipping, repairing, hiring, selling
or storing motor-driven vehicles, subject to the following limitations:
Tanks or receptacles used for the storage of gasoline or automobile
fuel shall be located below the surface of the ground or grade, except
by special permit of the City Council.
Any building or premises, used for housing or storing or
parking of self-propelled vehicles pursuant to previous arrangements,
and at which automobile fuels and oils may or may not be sold, and
motor-driven vehicles are not equipped, repaired, hired or sold.
For buildings having walls adjoining one (1) street only, the
elevation of the sidewalk at the center of the wall adjoining the
street.
For buildings having walls adjoining more than one (1) street,
the average of the elevation of the sidewalk at the centers of all
walls adjoining the streets.
For buildings having no wall adjoining the street, the average
level of the finished surface of the ground adjacent to the exterior
walls of the building.
Any wall approximately parallel to and not more than five (5)
feet from a street line is to be considered as adjoining the street.
Where no sidewalk exists, the grade shall be established by the City
Engineer.
A group home shall include any home in which eight (8) or
fewer unrelated mentally or physically handicapped persons reside,
and may include two 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. The exterior
appearance of the home and property shall be in reasonable conformance
with the general neighborhood standards. No group home shall be located
within two thousand (2,000) feet of another group home.
Any business, profession, occupation, enterprise or endeavor,
except for those defined elsewhere in this Chapter, carried on for
commercial or public purposes exclusively by one (1) or more members
of the family residing on the premises and in connection with which
there are no signs or display that will indicate from the exterior
of the building that the building is being used for any purpose other
than that of a dwelling; provided further, that any such activity
which employs or compensates any persons other than family members
residing on the premises, or which maintains in, on or about such
premises any stock-in-trade, goods or commodities sold, rented or
leased to or for hire by the public in such a manner as to be visible
to members of the public, or which includes or involves the use, maintenance,
storage or repair of any mechanical equipment (other than such customarily
used for domestic or household activities), in, on or about such premises
in such a manner as to be visible to or audible by members of the
public, or for which purposes more than twenty percent (20%) of the
actual square footage of the largest building on the premises are
utilized, shall not be a "home occupation" as used
in this Chapter.
A building in which lodging, or lodging and meals, is provided
and offered to the public for compensation, which is open to transient
guests or which will accommodate more than three (3) persons for lodging
and meals, whether transient or not.
A building occupied by a non-profit corporation, or a non-profit
establishment for public use.
The use of land or buildings for the purpose of selling,
breeding, boarding, training or the keeping of three (3) or more dogs
over four (4) months of age. The word "selling" as
herein used shall not be construed to include the sale of dogs four
(4) months of age or younger which are the natural increase of dogs
kept by persons not operating a kennel as herein defined; nor shall "selling" be determined to include isolated sales of dogs
over four (4) months old by persons not operating a kennel as herein
defined.
A building or place where lodging is provided, or which is
equipped regularly to provide lodging by prearrangement for a definite
period, for compensation, for three (3) or more persons, in contradistinction
to hotels open to transients.
A parcel of land occupied or intended for occupancy by use
permitted in this Chapter, including one (1) main building, together
with its accessory buildings, the open spaces and parking spaces required
by this Chapter and having its principal frontage upon a street or
upon an officially approved place.
A lot abutting two (2) or more streets at their intersection.
The mean horizontal distance between the front and rear lot
lines.
A lot having a frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
A lot which is a part of a subdivision, the plat of which
has been recorded in the office of the Recorder of Deeds of the County,
after proper approval; or a parcel of land, the deed to which was
recorded in the office of the Recorder of Deeds prior to February
10, 1969.
A facility licensed by the State of Missouri to acquire, process, package, store on-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), marijuana-infused products, and drug paraphernalia used to administer marijuana to a consumer, anywhere on the licensed property or to any address as directed by the consumer and, consistent with the limitations of Section 2 of Article XIV of the Missouri Constitution and as otherwise allowed by law, a microbusiness wholesale facility, or a marijuana testing facility. Microbusiness dispensary facilities may receive transaction orders at the dispensary directly from a consumer in person, by phone, or via the Internet, including from a third party. A microbusiness dispensary facility's authority to process marijuana shall include the creation of prerolls.
[Ord. No. 785, 7-11-2023]
A facility licensed by the State of Missouri to acquire,
cultivate, process, package, store on-site or off-site, manufacture,
transport to or from, deliver, and sell marijuana, marijuana seeds,
marijuana vegetative cuttings (also known as "clones"), and marijuana-infused
products to a microbusiness dispensary facility, other microbusiness
wholesale facility, or marijuana testing facility. A microbusiness
wholesale facility may cultivate up to two hundred fifty (250) flowering
marijuana plants at any given time. A microbusiness wholesale facility's
authority to process marijuana shall include the creation of prerolls
and infused prerolls.
[Ord. No. 785, 7-11-2023]
Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
seed thereof and resin extracted from the plant and marijuana-infused
products. Marijuana does not include industrial hemp, as defined by
Missouri Statute, or commodities or products manufactured from industrial
hemp.
[Ord. No. 785, 7-11-2023]
A facility certified by the State of Missouri to acquire,
test, certify and transport marijuana.
[Ord. No. 785, 7-11-2023]
Products that are infused, dipped, coated, sprayed, or mixed
with marijuana or an extract thereof, including, but not limited to,
products that are able to be vaporized or smoked, edible products,
ingestible products, topical products, suppositories, and infused
prerolls.
[Ord. No. 785, 7-11-2023]
An establishment which has a fixed place of business having
a source of income or compensation which is derived from the practice
of any method of pressure on or friction against or stroking, kneading,
rubbing, tapping, pounding, vibrating or stimulation of external parts
of the human body with the hands or with the aid of any mechanical
electric apparatus or appliances with or without such supplementary
aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams,
lotion, ointment or other similar preparations commonly used in the
practice of massage under such circumstances that is reasonably expected
that the person to whom the treatment is provided or some person on
his or her behalf will pay money or give any other consideration or
gratuity; provided that this term shall not include any establishment
defined in this Code or operated or supervised by a medical or chiropractic
practitioner or professional physical or massage therapist licensed
by the State of Missouri.
A facility licensed by the State of Missouri to acquire,
cultivate, process, package, store on-site or off-site, transport
to or from, and sell marijuana, marijuana seeds, and marijuana vegetative
cuttings (also known as "clones") to a medical marijuana dispensary
facility, medical marijuana testing facility, medical marijuana cultivation
facility, or to a medical marijuana-infused product manufacturing
facility. A medical marijuana cultivation facility's authority
to process marijuana shall include the production and sale of prerolls,
but shall not include the manufacture of marijuana-infused products.
[Ord. No. 785, 7-11-2023]
A facility licensed by the State of Missouri to acquire,
process, package, store on-site or off-site, sell, transport to or
from, and deliver marijuana, marijuana seeds, marijuana vegetative
cuttings (also known as "clones"), marijuana-infused products, and
drug paraphernalia used to administer marijuana as provided for in
this Chapter to a qualifying patient, a primary caregiver, anywhere
on the licensed property or to any address as directed by the patient
or primary caregiver, so long as the address is a location allowing
for the legal possession of marijuana, another medical marijuana dispensary
facility, a marijuana testing facility, a medical marijuana cultivation
facility, or medical marijuana-infused products manufacturing facility.
Dispensary facilities may receive transaction orders at the dispensary
in person, by phone, or via the Internet, including from a third party.
A medical marijuana dispensary facility's authority to process
marijuana shall include the production and sale of prerolls, but shall
not include the manufacture of marijuana-infused products.
[Ord. No. 785, 7-11-2023]
A facility licensed by the State of Missouri to acquire,
process, package, store on-site or off-site, manufacture, transport
to or from, and sell marijuana-infused products to a medical marijuana
dispensary facility, a marijuana testing facility, a medical marijuana
cultivation facility, or to another medical marijuana-infused product
manufacturing facility.
[Ord. No. 785, 7-11-2023]
An establishment or business which provides for a fee or
compensation the services of modeling on premises for the purpose
of reproducing the human body wholly or partially in the nude by means
of photography, painting, sketching, drawing or otherwise. This does
not apply to public or private schools in which persons are enrolled
in a class.
An area containing one (1) or more permanent structures designed
for temporary living facilities and intended primarily for automobile
transients, whether or not providing garages for automobiles, and
not to accommodate tents or trailers or include a seasonal resort
area or summer homes.
Any building or land lawfully occupied by a use on February
10, 1969, or at the time of passage of any applicable amendment to
this Chapter, which does not conform after such date with the use
of regulations of the District in which it is situated.
A durably paved surface area, enclosed in the main building,
in an accessory building or unenclosed, sufficient in size to store
one (1) standard automobile and, if the space is unenclosed, comprising
an area of not less than two hundred (200) square feet, exclusive
of durably paved surface driveway connecting the parking space with
a street or alley and permitting satisfactory ingress and egress of
an automobile.
The location at which or premises in which a pawnbroker regularly
conducts business as regulated in Sections 367.011 — 367.060,
RSMo.
See "LODGING HOUSE".
A business engaged in providing short-term loans to the public
as a primary or substantial element of its business and which is not
licensed by the appropriate State or Federal agency as a banking or
savings and loan facility. Said business shall be prohibited in all
zoning districts of the City of Normandy, Missouri. A licensed pawnbroker
operating in conformity with the provision of this City Code relating
to pawnbrokers shall not be considered to be a "short-term loan establishment"
within the meaning of this definition and prohibition, but only as
to such licensee's pawnbrokerage activities. Pawnbrokers are not permitted
to engage in any short-term lending other than by a pawn transaction.
Sexual conduct, being actual or simulated, acts of human
masturbation; sexual intercourse or physical contact, in an act of
apparent sexual stimulation or gratification, with a person's clothed
or unclothed genitals, pubic area, buttocks or the breast of a female;
or any sadomasochistic abuse or acts including animals or any latent
objects in an act of apparent sexual stimulation or gratification.
Construction of a story partly or wholly underground. In
split level construction the lowest level shall be counted as a story
for purposes of height measurement, where more than one-half (½)
of its height is above the average level of the adjoining ground.
A stable with capacity of not more than two (2) horses; provided,
that the capacity of a private stable may be increased if the premises
whereon such stable is located contains an area of not less than one
(1) acre for each horse accommodated.
Any structure or part of a structure not in excess of fifteen
(15) feet, 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 next above
it.
A space under a sloping roof which has the line of intersection
of roof decking and wall face not more than three (3) feet above the
top floor level, and in which space not more than two-thirds (⅔)
of the floor area is finished off for use.
All property dedicated or intended for a public or private
street, highway, freeway or roadway purpose, or subject to easements
therefor.
A dividing line between a lot, tract or parcel of land and
contiguous street.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders, or any
substantial change in the roof or in the exterior walls.
Anything constructed or erected, the use of which requires
permanent location on the ground or attached to something having a
permanent location on the ground, including, but without limiting
the generality of the foregoing, advertising signs, billboards, backstops
for tennis courts and pergolas, radio towers, memorials and ornamental
structures. The word "structure" includes the word "building", in addition to the foregoing.
Any method of placing designs, letters, scrolls, figures
or symbols upon or under the skin with ink or colors, by the aid of
needles or instruments. The provision of cosmetic micro-pigmentation
services by a licensed doctor or nurse shall not be considered "tattooing"
as that term is used in this Chapter.
Any place or facility where tattooing is performed. Said
business shall be prohibited in all zoning districts of the City of
Normandy, Missouri.
An area containing one (1) or more structures designed or
intended to be used as temporary living facilities for two (2) or
more families and intended primarily for automobile transients or
other tourists.
Any structure used, or capable of being used, for living,
sleeping, business or storage purposes, having no foundation other
than wheels, blocks, skids, jacks, horses or skirting, and which is,
has been or reasonably may be equipped with wheels or other devices
for transporting the structure from place to place, whether by motive
power or other means. The term "trailer" shall include
camp car and house car. A permanent foundation shall not change its
character if the structures can be removed therefrom practically intact.
An area used for the parking of two (2) or more tents or
trailers designed or intended to be used as temporary living facilities
for two (2) or more families and intended primarily for automobile
transients or other tourists, and not to be used for business or storage
trailers.
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 for the purpose
of determining the width of a side yard, the depth of the front yard
or the depth of a rear yard, the mean horizontal distance between
the lot line and the main building shall be used.
A yard extending across the front of a lot between the side
yard lines and being the minimum horizontal distance between the street
line and the main building or any projection thereof, other than the
projection of the usual steps or entrance way.
A yard extending across the rear of a lot, measured between
the side lot lines and being the minimum horizontal distance between
the rear lot line and the rear of a main building or any projections
other than steps, unenclosed balconies or unenclosed porches. On corner
lots the rear yard shall be considered as parallel to the street upon
which the lot has its least dimension. On both corner lots and interior
lots the rear yard shall in all cases be at the opposite end of the
lot from the front yard.
A yard between the main building and the side line of the
lot, extending from the front building line to the rear building line.
[1]
Cross Reference — Also see definition of "Check Cashing
Establishment".
[R.O. 2012 §405.030; CC 1975 §31-3; Ord. No. 346 Art. 17, §2, 2-10-1969]
No building or structure shall be erected, reconstructed or
structurally altered, nor shall any work be started thereon, until
a building permit has been issued therefor by the Building Commissioner
of the City.
[R.O. 2012 §405.040; CC 1975 §31-4; Ord. No. 346 Art. 17, §2, 2-10-1969]
A.
All
applications for building permits shall be accompanied by plans in
duplicate, drawn to scale, showing the actual shape and dimensions
of the lot to be built upon, the exact size and location on the lot
of the buildings and accessory buildings existing and the lines within
which the buildings or structures shall be erected or altered, the
existing and intended use of each building or part of building, the
number of families the building is designed to accommodate and such
other information with regard to the lot and neighboring lots as may
be necessary to determine and provide for the enforcement of this
Chapter. Applications shall also include, where applicable, sewage
disposal plans. One (1) copy of such plans shall be returned to the
owner when such plans shall have been approved by the Building Commissioner.
B.
All
dimensions shown on such plans relating to the location and size of
the lot to be built upon shall be based upon an actual survey. The
lot and locations of the building thereon shall be staked out on the
ground before construction is started.
[R.O. 2012 §405.050; CC 1975 §31-9; Ord. No. 346 Art. 16, §1, 2-10-1969]
A.
Every
dwelling erected within the City shall have a minimum ground floor
area of not less than nine hundred (900) square feet, or a minimum
of eleven hundred (1,100) square feet without basement, exclusive
of unroofed porches and garages, and shall provide indoor sanitary
facilities. Its architecture and general appearance shall be in keeping
with the character of the neighborhood and such as not to be detrimental
to the general welfare of the community in which it is located.
B.
Every
application for a building permit for a residential or other building
which, in the opinion of the Building Commissioner, indicates that
such building would be unsuitable, when compared to surrounding residential
and other buildings, is detrimental to the stability of values of
surrounding property and does not conform in general to the surrounding
property, shall be submitted by the Building Commissioner, along with
plans, elevations, detailed drawings and specifications, to the Zoning
and Planning Commission of the City before being finally approved
by the Building Commissioner.
C.
If
the Zoning and Planning Commission shall return the application to
the Building Commissioner without disapproval, the Building Commissioner
may issue the permit. Failure by the Commission to act within thirty
(30) days after the Building Commissioner shall have delivered the
plans to the Commission shall be authority for the Building Commissioner
to issue such permit.
D.
If
the Zoning and Planning Commission shall return the application to
the Building Commissioner with disapproval and recommendations, the
Building Commissioner may issue the permit; provided, that the applicant
shall make appropriate changes in the drawings and specifications
and agree to comply with the recommendations of the Commission.
E.
If
the Zoning and Planning Commission shall return the application to
the Building Commissioner with its disapproval and without recommendations,
the Building Commissioner shall refuse to issue the permit; and if
the Zoning and Planning Commission shall return the application to
the Building Commissioner with its disapproval and with recommendations,
and the applicant shall refuse to comply with the recommendations,
the Building Commissioner shall refuse to issue the permit.
[R.O. 2012 §405.060; CC 1975 §31-11; Ord. No. 346 Art. 3, §5, 2-10-1969]
A.
Except
as hereinafter provided:
1.
No building shall be erected, maintained, enlarged, reconstructed
or structurally altered, nor shall any building or land be used, which
does not comply with all of the District regulations established by
this Chapter for the District in which the building or land is located.
2.
The minimum yards and other open spaces, including the intensity
of use provisions contained in this Chapter for each building shall
not be encroached upon or considered as yard or open space requirements
or intensity of use requirements for any other buildings.
[R.O. 2012 §405.070; Ord. No. 235 §2, 6-11-1985]
All home occupations, as defined in Section 405.020 which constitute a non-conforming use, may continue to exist until there is a change of ownership, occupancy, or nature or extent of use of the premises on which the home occupation is situated.
A.
In
case any building or structure is erected, constructed, reconstructed,
altered, converted, or maintained, or any building, structure, or
land is used in violation of Sections 89.010 to 89.140, RSMo., or
of any ordinance or other regulation made under authority conferred
hereby, the proper local authorities of the City, in addition to other
remedies, may institute any appropriate action or proceedings to prevent
such unlawful erection, construction, reconstruction, alteration,
conversion, maintenance, or use, to restrain, correct, or abate such
violation, to prevent the occupancy of such building, structure, or
land, or to prevent any illegal act, conduct, business, or use in
or about such premises. Such regulations shall be enforced by an officer
empowered to cause any building, structure, place, or premises to
be inspected and examined and to order in writing the remedying of
any condition found to exist therein or thereat in violation of any
provision of the regulations made under authority of Sections 89.010
to 89.140, RSMo.
B.
The
owner or general agent of a building or premises where a violation
of any provision of said regulations has been committed or shall exist,
or the lessee or tenant of an entire building or entire premises where
such violation has been committed or shall exist, or the owner, general
agent, lessee, or tenant of any part of the building or premises in
which such violation has been committed or shall exist, or the general
agent, architect, builder, contractor, or any other person who commits,
takes part or assists in any such violation, or who maintains any
building or premises in which any such violation shall exist shall
be guilty of an ordinance violation punishable by a fine of not less
than ten dollars ($10.00) and not more than two hundred fifty dollars
($250.00) for each and every day that such violation continues, or
by imprisonment for ten (10) days for each and every day such violation
shall continue, or by both such fine and imprisonment in the discretion
of the court. Notwithstanding the provisions of Section 82.300, RSMo.,
for the second (2nd) and subsequent offenses involving the same violation
at the same building or premises, the punishment shall be a fine of
not less than one hundred dollars ($100.00) or more than five hundred
dollars ($500.00) for each and every day that such violation shall
continue, or by imprisonment for ten (10) days for each and every
day such violation shall continue, or by both such fine and imprisonment
in the discretion of the court.
C.
Any
such person who, having been served with an order to remove any such
violation, shall fail to comply with such order within ten (10) days
after such service or shall continue to violate any provision of the
regulations made under authority of Sections 89.010 to 89.140, RSMo.,
in the respect named in such order shall also be subject to a civil
penalty of two hundred fifty dollars ($250.00).
[R.O. 2012 §405.090; CC 1975 §31-14; Ord. No. 346 Art. 17, §1, 2-10-1969]
It shall be the duty of the Building Commissioner to administer
and enforce the provisions of this Chapter in accordance with the
administrative provisions of the Building Code and of this Chapter.
