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City of Gerald, MO
Franklin County
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Table of Contents
Table of Contents
[Ord. No. 338 Art. I, 11-14-1991]
Title. This Chapter shall be known, referred to and cited as the "Zoning Code" of Gerald, Missouri.
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.
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.
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.
[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]
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.
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.
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 (½) 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 (½) of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement.
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.
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.
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 boarding house, 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.
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 (2) 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 boarding house, 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.
A building other than a hotel where lodging only is provided for three (3) or more but not more than twenty (20) persons.
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.
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, flat bed, 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.
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 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.
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.
See "Lodging House".
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.