[Ord. No. 2005-03 §410.010, 5-9-2005]
A.Â
In
order to promote the health, safety, morals and the general welfare
of the City of Laurie, 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 the 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.Â
The
regulations of this Chapter are made in accordance with Sections 89.010
— 89.140, RSMo., and amendments thereto and in accordance with
the Comprehensive Master Plan of the City and are designed to:
1.Â
Mitigate effects development might have upon street congestion;
2.Â
Secure safety from fire, panic and other dangers;
3.Â
Promote the health and the general welfare;
4.Â
Provide adequate air and light;
5.Â
Avoid undue concentration of population;
6.Â
Prevent the overly dense development of land; and
7.Â
Facilitate the adequate provision of transportation, water, sewerage,
schools, parks and other public facilities.
C.Â
The
regulations of this Chapter 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.
[Ord. No. 2005-03 §420.010, 5-9-2005; Ord. No. 2006-05 §1(420.010), 8-14-2006]
For the purpose of this Chapter, the following words and terms,
as used herein, are defined to mean the following: words used in the
present tense include the future; words in the singular number include
the plural; and words in the plural number include the singular; the
word "building" includes the word "structure"; the word "shall" or the word "must" is always mandatory; the term "used for" includes
the meaning "designed for" or "intended for".
A subordinate building having a use customarily incidental
and located on the lot occupied by the main building; or a use customarily
incident to the main use of the property.
An establishment having as a ten percent (10%) portion of
its stock in trade in books, photographs, magazines, films for sale,
rental or viewing or by use of motion picture devices or other periodicals
which are distinguished or characterized by their principal emphasis
on matters depicting, describing or relating to specified sexual activities
as said term is defined herein.
Commercial entertainment in any building, theater or structure
which contains or is used entirely or partially for presenting live
presentations, films, video tapes, DVDs or other electronic media
predominately distinguished or characterized by their principal emphasis
on matters depicting, describing or relating to specified sexual activities,
as said term is defined herein, or an exotic dance live presentation,
video tape, DVD or other electronic media 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, film, video tape, DVD or other
electronic media presentation of persons wholly or partially nude
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 as said
terms are defined herein.
Any enterprise involving the growing of any crops in the
open for resale and/or the raising of livestock or poultry. 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.
The sale of produce grown in no more than ten percent (10%)
of the back yard of the property.
A passage or way affording generally a secondary means of
vehicular access to abutting properties and not intended for general
traffic circulation.
A room or a suite of rooms within an apartment house arranged,
intended or designed for a place of residence of a single-family or
individuals living together as a single housekeeping unit.
A building arranged, intended or designed for more than two
(2) family units.
A story partly underground. A basement shall be counted as
a story if the vertical distance between the ceiling and the average
level of the adjoining ground is more than five (5) feet or if used
for business, including inventory storage or dwelling purposes.
An establishment or business which provides the service of
baths of all kinds, including all forms and methods of hydrotherapy,
unless operated or supervised by a medical or chiropractor practitioner
or professional physical therapist licensed by the State.
The Board of Aldermen of the City.
A block is one-sixteenth (1/16) of a square mile.
Any structure having a roof supported by columns or walls,
used or intended to be used for the shelter or enclosure of persons,
animals or property. When such a structure is divided into separate
parts by one (1) or more unpierced wall extending from the ground
up, each part is deemed a separate building, except as regards minimum
side yard requirements as hereinafter provided.
The vertical distance from the average ground level at the
front wall of the building 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
level between eaves and ridge for gable, hip or gambrel roofs.
The Comprehensive Plan of the City, whether in whole or in
part, as adopted by the Planning and Zoning Commission, approved by
the Board of Aldermen and duly recorded in the offices of the County
Recorder of Camden County and Morgan County. It may consist of several
maps, data and other descriptive matter for the physical development
of the City or any portion thereto. Further, it includes any amendment,
extension or additions thereto adopted by the Board of Aldermen indicating
the general locations for major streets, parks, schools or other public
open spaces, public building sites, routes for public utilities, zoning
districts or other similar information.
A building or premises used for social, recreational, dining
or philanthropic purposes, the normal use of which is limited to specific
members, patrons or otherwise listed and enumerated persons.
The Planning and Zoning Commission of the City.
To change from one use in a district to another use.
An open, unoccupied space, other than yard, bounded on three
(3) or more sides by exterior walls of a building or by exterior walls
of a building and lot lines on which walls are allowable.
A short street having one (1) end open to traffic and being
terminated at the other end by a vehicular turnaround.
Curbs in a pedestrian thoroughfare cut to a slope of twelve
(12) inches to one (1) inch.
The mean level of the curb or back of drainage ditch, if
there is no curb, in front of the lot or in case of a corner lot,
along that abutting street where the mean curb level is the highest.
Any person, firm or corporation engaged in the dividing or
subdividing of land into lots or parcels for the purpose of conveyance
or lease within the scope and application of these regulations.
A part, zone or area within the City within which certain
zoning regulations apply and are uniform.
A lot with a street in front of and a street behind the lot.
Any restaurant, financial institution or product vending
enterprise where the patron does not have to enter and remain within
a building during the transaction of this business.
A private access road, the use of which is limited to persons
residing, employed or otherwise using or visiting the parcel in which
it is located.
A building or portion thereof designed exclusively for residential
occupancy, including one (1) or more families, but not including hotels,
boarding houses and rooming houses.
DWELLING, SINGLE-FAMILYA detached building designed exclusively for occupancy by one (1) family.
DWELLING, TWO-FAMILYA building exclusively designed for occupancy by two (2) families living independently of each other.
DWELLING, MULTIPLE-FAMILYA building or portion of a building designed for occupancy by three (3) or more families living independently of each other.
A grant by the property owner of the use, for a specific
purpose or purposes, of a strip of land by the general public, utility
companies or private individuals.
One (1) or more persons related by blood or marriage (including
adopted children) or a group of not more than five (5) persons (excluding
servants) not all related by blood or marriage occupying a premises
and living together as a single non-profit housekeeping unit by joint
agreement, as distinguished from a group occupying a boarding house
or lodging house, hotel, club or similar dwelling for group use. The
term "family" shall include those members residing
in a foster home in compliance with and as permitted by State Statute,
or group homes as defined herein.
A barrier erected to separate properties or to contain an
area or portion of a person's property. Construction may be of PVC,
plastic, wire, chain link, wood or masonry or equivalent. The use
of solid sheet metal is excluded. Barbed wire requires an "AG-1" zoning
or permit issued by the Zoning Inspector.
The Board of Aldermen of the City.
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.
A parcel of land occupied or to be occupied by one (1) main
building or unit group of buildings and the accessory buildings or
uses customarily incident thereto, including such open spaces as are
required under this Chapter and having frontage upon a public or private
street, alley or easement. A lot, as used herein, may consist of one
(1) or more platted lots or tract or tracts as conveyed or parts thereof.
A lot abutting upon two (2) or more streets at their intersection.
A corner lot shall be deemed to front on that street on which it has
its least dimension.
The mean horizontal distance from the front street line to
the rear line.
Lot whose side lines do not abut upon any street.
The lines bounding a lot as defined herein.
The boundary between a lot and the street on which it fronts.
The boundary line which is opposite and most distant from
the front street line.
Any lot boundary line not a front or rear line thereof. A
side line may be a party lot line, a line bordering on an alley or
place or a side street line.
An interior lot having frontage on two (2) streets. That
interior lot shall be deemed to front on the street which has its
least dimension.
The horizontal distance between side lines, measured at the
front building line.
A dwelling unit, designed and built in a factory, which bears
a seal certifying that it was built in compliance with the Federal
Manufactured Home Construction and Safety Standards adopted June 15,
1976 (commonly known as the HUD code).
An establishment which has a fixed place of business having
a source of income or compensation sixty percent (60%) or more of
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,
this being done under such circumstances the person to whom the treatment
is being provided or a third (3rd) person will pay provider money
or give any other consideration or gratuity; provided that this term
shall not include any establishment operated or supervised by a medical
or chiropractic practitioner or professional physical therapist licensed
by the State of Missouri.
A factory-built dwelling unit produced prior to June 15,
1976, when the HUD code went into effect.
An establishment or business which provides for a fee or
compensation for 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 include public or private schools where persons are enrolled in
a class.
A stone shaft or other object set in the earth to mark a
boundary.
A building or buildings containing in the aggregate, on one
(1) undivided tract or parcel of land, a group of individual private
units with individual entrances, each provided with separate sleeping
room or rooms, having both lavatory and toilet facilities, designed
and to be used primarily for transient guests traveling by automobile,
truck, bus or similar means of travel.
Any building or land lawfully occupied by a use at the time
of passage of this Chapter, or any amendment to this Chapter, which
does not conform with the use regulations of the district within which
it is located.
Land which may be dedicated or reserved for acquisition for
general use by the public, including parks, recreation areas, school
sites, community or public building sites and other lands.
An area of public land laid out with walks, drives, playgrounds,
etc., for public recreation.
A surfaced area not less than nine (9) feet wide and twenty-two
(22) feet long, either within a structure or in the open. The parking
space must be served with a driveway which provides access to a street
or alley.
A tract of land planned and developed as an integral unit
and consisting of a clustered residential development, a residential
development varying housing types and densities or a combination of
residential and non-residential uses of land.
The City Planning and Zoning Commission.
Factory-built housing in which building materials are factory
cut to design specifications, transported to the site and assembled.
Pre-cut homes include kit, log and dome homes. These homes must meet
local building codes.
To construct again, rebuild or make over.
A building wherein food is prepared and served on site to
the public and regulated, inspected and approved by the appropriate
public Health Department.
A lot with the back of the structure facing the street.
Portion of any street designated for vehicular traffic and,
where curbs are laid, that portion of the street between the curbs.
A dwelling occupied by a resident family or resident occupant
and three (3) or more rent-paying persons.
DEVIATE SEXUAL INTERCOURSEAny act involving the genitals of one (1) person and the hand, mouth, tongue, or anus of another person or a sexual act involving the penetration, however slight, of the male or female sex organ or the anus by a finger, instrument or object done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim.
SEXUAL DEVIATEThe persons participating in deviate sexual intercourse.
SEXUAL CONTACTAny touching of another person with the genitals or any touching of the genitals or anus of another person, or the breast of a female person, or such touching through the clothing, for the purpose of arousing or gratifying sexual desire of any person.
SEXUAL INTERCOURSEAny penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results.
Any words, numerals, figures, devices, designs or trademarks
by which information is made known to the public outside a building.
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 floor and the ceiling
next above it.
A partial 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 four (4) feet above the floor of such story; provided however,
that any partial story used for residential purposes shall be deemed
a full story.
A public right-of-way which provides a public means of access
to abutting property. The term "street" shall include
avenue, drive, circle, court, road, parkway, boulevard, highway, way,
trafficway, thoroughfare or any other similar term. It is the full
width between the property lines bounding every way of whatever nature
when any part thereof is open to use by the public as a matter of
right for the purpose of vehicular traffic.
Major streets and highways are those which are used primarily
for fast or heavy traffic.
Collector streets are those which provide for traffic movement
between major streets and highways and local streets including principal
entrance streets to residential developments and streets for circulation
within such developments.
Local and minor streets are those used primarily to provide
direct access to individual lots and for local traffic movements.
The dividing line between the street and the abutting property.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
Anything constructed or erected which requires location on
the ground or attached to something having a location on the ground
including, but not limited to, signs and swimming pools and excepting
customary utility poles, retaining walls and fences.
The division of a parcel of land into two (2) or more lots
or other divisions of land; it includes resubdivision and, when appropriate
to the context, relates to the process of subdividing or to the land
or territory subdivided.
A major street.
A major street so designated in the official thoroughfare
plan.
The square foot area of a building, including accessory buildings,
measured from outside wall surfaces and including utility rooms, stairways,
recreation rooms, storage rooms, but excluding unroofed balconies
and patios.
A variation from a specific requirement in this Chapter,
as applied to a specific piece of property, as distinct from rezoning.
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. 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 least horizontal
distance between the lot line and the building shall be used.
A yard across the full width of the lot extending from the
front line of the main building to the front line of the lot.
A yard between the rear lot line and the rear line of the
main building and the side lot lines.
A yard between the main building and the adjacent side line
of the lot and extending entirely from a front yard to the rear yard.
The official charged with the duty of ensuring compliance
with the regulations of this Title.
The official zoning ordinance of the City.
[Ord. No. 2005-03 §420.340, 5-9-2005]
In interpreting and applying the provisions of this Chapter,
the provisions shall be held to be the minimum requirements for the
promotion of the health, safety, morals or general welfare. Whenever
this Chapter requires a greater width or size of yards, courts or
other open spaces or requires a lower height of building or less number
of stories or imposes higher standards than are required by any other
Statute or local ordinance or regulation, the regulations of this
Chapter shall govern. Wherever the provisions of any other Statute
or local ordinance or regulation requires a greater width or size
of yards, courts or other open spaces or requires a lower height of
building or a less number of stories or requires a greater percentage
of lot to be left unoccupied or imposes other higher standards than
are required by this Chapter, the provision of such other ordinance
or regulation shall govern.
