[R.O. 1996 § 405.010; Ord. No. 338 Art. I, 11-14-1991]
A.Â
Title. This Chapter shall be known, referred
to and cited as the "Zoning Code" of Gerald, Missouri.
B.Â
Purpose. The zoning regulations set forth
herein are enacted to implement the land use portion of the Comprehensive
Development Plan for the City of Gerald and to promote the health,
safety, morals and general welfare of the citizens of the City. These
regulations are intended to lessen congestion in the streets, to secure
safety from fire, panic, and other dangers, to provide adequate light
and air, to prevent the overcrowding of land, to avoid undue concentration
of population, and to facilitate the adequate provision for transportation,
water, sewage, schools, parks, and other requirements.
C.Â
Authority. The provisions set forth in
these regulations have been prepared in accordance with the authority
granted by the General Assembly of the State of Missouri as provided
by Municipal Planning Act of 1963, Sections 89.300 to 89.480, RSMo.
D.Â
Jurisdiction. The jurisdiction of these
regulations shall include all land in the corporate limits. These
regulations shall also apply to any land added to the corporate area
after such land shall have been legally annexed.
[R.O. 1996 § 405.020; Ord. No. 338 Art. II, 11-14-1991; Ord. No. 353 § 1, 8-25-1992; Ord. No. 362, 2-11-1993; Ord. No. 383, 6-9-1994; Ord. No. 386 § 3, 9-8-1994; Ord. No. 476 § 1, 8-10-2000]
A.Â
For the purpose of these regulations, words
used in the present tense shall include the future tenses; words in
the singular number include the plural and words in the plural number
include the singular, except where the natural construction of the
writing indicates otherwise. The word "shall" is mandatory and not
directory.
B.Â
ACCESSORY BUILDING OR USE
ADMINISTER
1.Â
2.Â
3.Â
4.Â
5.Â
6.Â
ALLEY
APARTMENT
APARTMENT HOUSE
BASEMENT
BILLBOARD
BOARDINGHOUSE
BUILDING
BUILDING LINE
BUILDING, HEIGHT OF
CELLAR
CHILD DAY-CARE FACILITY
CHURCH
CLINIC, MEDICAL
DEPARTMENT
DISTRICT
DWELLING
DWELLING, MULTIPLE
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
ELEMENTARY SCHOOL
ENTITY
FAMILY
FILLING STATION OR SERVICE STATION
FLOWERING MARIJUANA PLANT
FRONTAGE
GARAGE, PRIVATE
GARAGE, PUBLIC
GARAGE, STORAGE OR PARKING
GRADE
1.Â
2.Â
3.Â
GROUP HOME FOR FOSTER CARE
GROUP HOME FOR MENTALLY OR PHYSICALLY HANDICAPPED
HOME OCCUPATION
HOTEL
INSTITUTION
LAUNDROMAT
LOADING SPACE
LODGING ESTABLISHMENT
LOT
LOT, CORNER
LOT, DOUBLE-FRONTAGE
LOT WIDTH
MARIJUANA or MARIHUANA
MARIJUANA-INFUSED PRODUCTS
MEDICAL MARIJUANA CULTIVATION
MEDICAL MARIJUANA CULTIVATION FACILITY
MEDICAL MARIJUANA CULTIVATION IDENTIFICATION CARD
MEDICAL MARIJUANA DISPENSARY FACILITY
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
MEDICAL MARIJUANA MEDICAL USE
MEDICAL MARIJUANA TESTING FACILITY
MEDICAL MARIJUANA TRANSPORTATION FACILITY
MEDICAL MARIJUANA USE
1.Â
2.Â
3.Â
4.Â
5.Â
6.Â
MOBILE HOME
1.Â
2.Â
3.Â
MOBILE HOME PARK DISTRICT
MODULAR HOUSING
MOTOR COURT OR MOTEL
NON-CONFORMANCE
NON-CONFORMING USE
NON-RETAIL MEDICAL MARIJUANA FACILITY
NURSING HOME
PARKING AREA
PARKING LOT
PARKING SPACE
PHYSICIAN
PHYSICIAN CERTIFICATION
PLACE
PLANNED UNIT DEVELOPMENT
PLANNING AND ZONING COMMISSION
PRIMARY CAREGIVER
PUBLIC SEWAGE SYSTEM
PUBLIC WATER SUPPLY SYSTEM
QUALIFYING PATIENT
ROOMING HOUSE
SECONDARY SCHOOL
SHOPPING CENTER
STORY
STORY, HALF
STREET
STREET LINE
STRUCTURE
STRUCTURAL ALTERATION
TOURIST HOME
TOURIST OR TRAILER CAMP
TRAILER
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING MAP
For the purpose of these regulations, certain
terms and words are to be used and interpreted as defined hereinafter.
A subordinate building or a portion of the main building,
the use of which is incidental to that of the dominant use of the
main building or land. An accessory use is one which is incidental
to the main use of the premises.
The direct application of medical marijuana to a qualifying
patient, to the extent allowed by and pursuant to the terms of Article
XIV, Section 1 of the Missouri Constitution, by way of any of the
following methods:
[Ord. No. 894, 8-29-2019]
Ingestion of capsules, teas, oils, and other marijuana-infused
products.
Vaporization or smoking of dried flowers, buds, plant material,
extracts, or oils.
Application of ointments or balms.
Transdermal patches and suppositories.
Consuming marijuana-infused food products.
Any other method recommended by a qualifying patient's physician
as authorized by Article XIV, Section 1 of the Missouri Constitution.
A public way which affords only a secondary means of access
to property abutting thereon, or which is less than twenty (20) feet
wide.
A room or suite of rooms used as the dwelling of a family,
including bath and culinary accommodations, located in a building
in which there are three (3) or more such rooms or suites.
See "Dwelling, Multiple."
A story having part but not more than one-half (1/2) of its
height above grade.
A sign which directs attention to business, service or commercial
activity offered elsewhere than on the same lot.
A building other than a hotel where, for compensation by
arrangement, lodging and meals are provided for three (3) or more
persons, but not exceeding twelve (12) persons.
Any structure designed or built, affixed to the land, for
the support, enclosure, shelter or protection of persons, animals,
chattels or property of any kind.
A line established parallel to a street right-of-way line
or other property line and prohibiting the erection of any portion
of a structure, except as otherwise provided for in this Chapter,
between such line and right-of-way or property line.
The vertical distance from the grade to the highest point
of the coping of the flat roof or to the deck line of a mansard roof,
or to the mean height level between eaves and ridge for gable, hip
and gambrel roofs.
A story having more than one-half (1/2) of its height below
grade. A cellar is not included in computing the number of stories
for the purpose of height measurement.
A building or part thereof operated or maintained by any
person or establishment who holds themselves out as providing child
care for more than four (4) children not related to the day-care provider
for any part of the twenty-four-hour day without overnight stays,
for compensation or otherwise, except those operated by a school system
or in connection with an establishment providing child care as a convenience
for its customers or employees. A child day-care center shall not
include any private or religious organization, elementary or secondary
school, a religious organization academic preschool or kindergarten,
home school, or a family home occupied by the day-care provider where
child care is given to not more than four (4) children not related
to the day-care provider. Child day-care centers shall be State certified.
[Ord. No. 894, 8-29-2019]
A building or group of buildings, including, but not limited
to, a church, synagogue, temple, mosque, cathedral, chapel, sanctuary,
or other facility wherein persons regularly assemble for religious
worship maintained and controlled by a religious body having a principal
use of religious worship or the offering of religious services of
any denomination.
[Ord. No. 894, 8-29-2019]
An establishment where patients, who are not lodged overnight,
are submitted for examination and treatment by a group of physicians
or dentists practicing medicine together.
The Missouri Department of Health and Senior Services, or
its successor agency.
[Ord. No. 894, 8-29-2019]
A section or sections of the City of Gerald for which the
zoning 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 for or
used exclusively for residential purposes.
A building designed for or occupied exclusively by more than
two (2) families.
A building designed for or occupied by one (1) family.
A building designed for or occupied exclusively by two (2)
families.
A public, private, religious or parochial school giving instruction
in a grade or grades not lower than preschool nor higher than the
eighth grade.
[Ord. No. 894, 8-29-2019]
A natural person, corporation, professional corporation,
non-profit corporation, cooperative corporation, unincorporated association,
business trust, limited-liability company, general or limited partnership,
limited-liability partnership, joint venture, or any other legal entity.
[Ord. No. 894, 8-29-2019]
An individual or two (2) or more persons occupying a premises
and living as a single housekeeping unit, whether or not related to
each other by birth or marriage, as distinguished from a group occupying
a boardinghouse, lodging houses or hotel as herein defined.
Any building, structure or land used for the dispensing,
sale or offering for sale at retail of any automobile fuels, oils
or accessories, including lubrication of automobiles and replacement
or installation of minor parts and accessories but not including major
repair work such as motor replacement, body and fender repair or spray
painting.
A marijuana plant from the time it exhibits the first signs
of sexual maturity through harvest.
[Ord. No. 894, 8-29-2019]
All the property on one 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, then all of the
property abutting one side between an intersecting street and the
dead-end of the street.
An accessory building designed or used for the storage of
not more than four (4) motor-driven vehicles owned and used by the
occupants of the building to which it is accessory. Not more than
one (1) of the vehicles may be a commercial vehicle of not more than
two-ton capacity.
A building or portion thereof other than a private or storage
garage, designed or used for equipping, servicing, repairing, hiring,
selling or storing motor-driven vehicles.
A building or portion thereof designed or used exclusively
for term storage by pre-arrangement of motor-driven vehicles, as distinguished
from daily storage furnished transients, and within which motor fuels
and oils may be sold, but no motor-driven vehicles are 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 sidewalks
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 shall
be considered as adjoining the street. Where no sidewalk exists, the
grade shall be established by the City Engineer.
Any private residence licensed by the Division of Family
Services or Department of Mental Health to provide foster care to
one (1) or more but less than seven (7) children who are unrelated
to either foster parent by blood, marriage or adoption; subject to
occupancy limitations for the particular dwelling.
Any home in which eight (8) or fewer mentally 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; subject to occupancy limitations for the particular
dwelling.
Any occupation or activity which is clearly incidental and
secondary to the use of the premises for dwelling purposes and which
is carried on wholly within a main building by a member of a family
residing on the premises, in connection with which there is no advertising
other than one (1) identification sign per property, of not more than
six (6) square feet in area, with one dimension not being over thirty-six
(36) inches, and no other display or storage of materials or exterior
identification of the home occupation or variation from the residential
character of the main building or accessory building; and in connection
with which no person outside of the family is employed and no equipment
used which creates offensive noise, vibration, smoke, dust, odor,
heat or glare. A home occupation shall not include the conducting
of a tea room or restaurant, rest home, clinic, tourist home, real
estate office, or cabinet, metal or auto repair shop, or motor vehicle
sales.
A building in which lodging or boarding and lodging are provided
and offered to the public for compensation and in which ingress and
egress to and from all rooms is made through an inside lobby or office
supervised by a person in charge at all hours. As such, it is open
to the public as opposed to a boardinghouse, a lodging house, or an
apartment which are herein separately defined.
A building occupied by a non-profit corporation of a non-profit
establishment for public use.
A business that provides home-type washing, drying or ironing
machines for hire to be used by customers on the premises.
A space within the main building or on the same lot, providing
for the standing, loading or unloading of trucks, having a minimum
dimension of twelve by forty (12 x 40) feet and a vertical clearance
of at least sixteen (16) feet.
Any building, group of buildings, structure, facility, place,
or places of business where five (5) or more guest rooms are provided,
which is owned, maintained, or operated by any person and which is
kept, used, maintained, advertised or held out to the public for hire
which can be construed to be a hotel, motel, motor hotel, apartment
hotel, tourist court, resort, cabins, tourist home, bunkhouse, dormitory,
or other similar place by whatever name called, and includes all such
accommodations operated for hire as lodging establishments for either
transient guests, permanent guests, or for both transient and permanent
guests.
A parcel of land occupied or intended for occupancy by a
use permitted in this Chapter, including one (1) main building together
with its accessory buildings, the open spaces and parking spaces required
by the Zoning Code and having its principal frontage upon a street
or upon an officially approved place.
A platted parcel of land having frontage on two (2) intersecting
streets where the angle of intersection does not exceed one hundred
thirty-five degrees (135°).
A lot having a frontage on two (2) non-intersecting streets
as distinguished from a corner lot.
The dimension of a lot, measured between side lot lines on
the building line.
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
resin extracted from the plant and marijuana-infused products. Marijuana
or marihuana do not include industrial hemp containing a crop-wide
average tetrahydrocannabinol concentration that does not exceed three-tenths
of one percent (3/10 of 1%) on a dry weight basis, or commodities
or products manufactured from industrial hemp.
[Ord. No. 894, 8-29-2019]
Products that are infused with marijuana or an extract thereof
and are intended for use or consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures, and concentrates.
[Ord. No. 894, 8-29-2019]
As related to activity authorized pursuant to Article XIV,
Section 1 of the Missouri Constitution and all rules and regulations
issued by the Missouri Department of Health and Senior Services, the
process by which a person, business or legal entity promotes the germination
and growth of a seed to a mature marijuana plant.
[Ord. No. 894, 8-29-2019]
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport and sell marijuana to a medical
marijuana dispensary facility, medical marijuana testing facility,
or medical marijuana-infused products manufacturing facility.
[Ord. No. 894, 8-29-2019]
An additional, separate, or enhanced identification card
issued by the State of Missouri allowing the holder to cultivate medical
marijuana in amounts and in secure manners as authorized by the Department,
only to the extent authorized by applicable law.
[Ord. No. 894, 8-29-2019]
A facility licensed by the State of Missouri to acquire,
store, sell, transport, and deliver marijuana, marijuana-infused products,
and drug paraphernalia used to administer marijuana as provided by
the State of Missouri solely pursuant to the terms of Article XIV,
Section 1 of the Missouri Constitution to a qualifying patient, a
primary caregiver, another medical marijuana dispensary facility,
a medical marijuana testing facility, or a medical marijuana-infused
products manufacturing facility.
[Ord. No. 894, 8-29-2019]
A facility licensed by the State of Missouri to acquire,
store, manufacture, transport, and sell marijuana-infused products
to a medical marijuana dispensary facility, a medical marijuana testing
facility, or to another medical marijuana-infused products manufacturing
facility.
[Ord. No. 894, 8-29-2019]
The production, possession, delivery, distribution, transportation,
or administration of marijuana or a marijuana-infused product, or
drug paraphernalia used to administer marijuana or a marijuana-infused
product as provided by Article XIV, Section 1 of the Missouri Constitution,
for the benefit of a qualifying patient to mitigate the symptoms or
effects of the patient's qualifying medical condition as defined in
Missouri State law.
[Ord. No. 894, 8-29-2019]
A facility certified by the State of Missouri to acquire,
test, certify, and transport marijuana.
[Ord. No. 894, 8-29-2019]
A facility certified by the State of Missouri to store and
transport marijuana.
[Ord. No. 894, 8-29-2019]
A medical marijuana use shall be defined as any of the following
hereinafter defined entities:
[Ord. No. 894, 8-29-2019]
Medical marijuana cultivation facility.
Medical marijuana dispensary facility.
Medical marijuana-infused products manufacturing facility.
Medical marijuana testing facility.
Medical marijuana transportation facility.
Any other entity or facility for medical marijuana currently
or hereafter included in and regulated by Article XIV, Section 1 of
the Missouri Constitution.
A single-family dwelling unit that has the following characteristics:
Designed for long-term occupancy
containing sleeping accommodations, flush toilet, tub or shower bath,
and kitchen facilities, with plumbing and electrical connections provided
for attachment to outside systems.
Designed to be transported after
fabrication on its own wheels, flatbed, or other trailers or detachable
wheels.
Arrives at site where it is to be
occupied as a dwelling unit complete with major appliances and furniture
and ready for occupancy except for minor and incidental unpacking
and assembly operations, location on foundation supports, connection
to utilities, and the like.
A Mobile Home Park District is any parcel of land consisting
of three (3) or more acres upon which two (2) or more mobile homes,
occupied for dwelling or sleeping purposes are located, regardless
of whether or not a charge is made for such accommodation. A "mobile
home space" means the area within a Mobile Home District designed
for the accommodation of one (1) mobile home.
A dwelling unit made of two (2) or more units, built in a
factory and erected on a continuous concrete perimeter foundation.
It must meet building codes and is considered real property.
A building or group of buildings used primarily for the temporary
residence of motorists or travelers, for compensation.
A lawful condition of a structure or land which does not
conform to the regulations of the district in which it is situated.
This may include but is not limited to failure to conform to use,
height, area, coverage or off-street parking requirements.
A land use or structure which existed lawfully on the date
that this Zoning Code or any amendment thereto became effective and
which does not conform to the regulations of the district in which
it is located.
In addition to being defined as a medical marijuana use,
a non-retail medical marijuana facility shall be defined as any of
the following:
[Ord. No. 894, 8-29-2019]
A home for the aged or infirm in which three (3) or more
persons not of the immediate family are received, kept and provided
with food, or shelter and care, for compensation, but not including
hospitals, clinics, or similar institutions devoted primarily to the
diagnosis, treatment or care of the sick or injured.
An open, unoccupied off-street, space used or required for
use for parking of vehicles exclusively and in which no gasoline or
vehicular accessories are sold or no other business is conducted and
no fees are charged.
An open surfaced area used exclusively for the temporary
storage of motor vehicles and within which motor fuels and oils may
be sold and fees charged, but no vehicles may be equipped, repaired,
rented or sold.
A surfaced area, enclosed in the main building, or in an
accessory building, or unenclosed having an area of not less than
two hundred (200) square feet, exclusive of driveways, permanently
reserved for the temporary storage of one (1) automobile and connected
with a street or alley by a surfaced driveway which affords satisfactory
ingress and egress for automobiles.
An individual who is licensed and in good standing to practice
medicine or osteopathy under Missouri law.
[Ord. No. 894, 8-29-2019]
A document, whether handwritten, electronic or in another
commonly used format, signed by a physician and stating that, in the
physician's professional opinion, the patient suffers from a qualifying
medical condition as defined in Missouri State law.
[Ord. No. 894, 8-29-2019]
An open unoccupied space or a public or private thoroughfare
other than a street or alley permanently reserved as the principal
means of access to abutting property.
A residential, commercial, or industrial cluster development
in accordance with a plan in which certain variations to the street
letter of the law are allowed, and in which open spaces for landscaping
and recreation are encouraged. Planned unit developments include,
but are not limited, to condominiums and cooperatives.
The official planning and zoning body of the City of Gerald.
An individual twenty-one (21) years of age or older who has
significant responsibility for managing the well-being of a qualifying
patient and who is designated as such under the rules and regulations
of the Department and possesses a Department-issued primary caregiver
or primary caregiver cultivation identification card.
[Ord. No. 894, 8-29-2019]
A system serving two (2) or more dwelling units and approved
by the Missouri Clean Water Commission.
A system serving two (2) or more dwelling units and approved
by the Missouri Department of Health.
A Missouri resident diagnosed with at least one (1) qualifying
medical condition as defined in Missouri State law and possessing
a Department-issued qualifying patient or qualifying patient cultivation
identification card.
[Ord. No. 894, 8-29-2019]
See "Lodging Establishment."
A public, private, religious or parochial school giving instruction
in a grade or grades not lower than the sixth nor higher than the
12th grade.
[Ord. No. 894, 8-29-2019]
A group of commercial establishments, planned and developed,
owned or managed as a unit, with off-street parking and loading provided
on the property, and related in its location, size and type of shops,
to the trade area which the unit serves.
That portion of a building other than a cellar included between
the surface of any floor and the surface of the floor next above it,
or if there be no floor above it, then the space between the 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 three (3) feet above the floor of such story, except that
any partial story used for residence purposes other than for a janitor
or caretaker or his/her family or by a family occupying the floor
immediately below it, shall be deemed a full story.
A public or private thoroughfare which affords the principal
means of access to abutting property.
A dividing line between a lot, tract or parcel of land and
a contiguous street.
Anything constructed or erected, 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 without
limiting the general inclusiveness of the foregoing, advertising signs,
billboards, backstops for tennis courts and pergolas. For use in this
Chapter, a mobile home or trailer, as defined in this Section, will
be considered a structure.
Any changes 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 excepting
such repair or replacement as may be required for safety of the building,
but not including openings in bearing walls permitted by existing
ordinances.
A building other than a hotel where lodging is provided and
offered to the public for compensation for not more than twenty (20)
individuals and open to transient guests, with which there is used
only one (1) sign not more than two (2) square feet in area.
An area where one (1) or more tents or auto trailers can
be or are intended to be parked, designed or intended to be used as
temporary living facilities for one (1) or more families and intended
primarily for automobile transients.
A vehicle, other than a motor vehicle, designed or intended
for use for dwelling purposes, whether or not such vehicle is attached
to or resting on the ground or something having a location on the
ground.
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 the side yard,
the depth of a 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 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 uncovered porch.
On corner lots, the front yard shall be considered as being parallel
to the street upon which the lot has its least dimension.
A yard extending across the rear of a lot and between the
required minimum horizontal distance between the rear lot line and
the rear of the main building or any projections thereof other than
the projections of uncovered steps, unenclosed balconies or unenclosed
porches. On all lots, the rear yard shall be in the rear of the front
yard.
A yard between the main building and the side line of the
lot, and extending from the required front yard to the required rear
yard, and being the minimum horizontal distance between a side lot
line and the side of the main building or any projections thereof.
The Official Zoning Map of Gerald; such map being located
in the office of the City Clerk.
