[CC 2001 §§17.04.010 — 17.04.020; Ord. No. Z-1-99 Preamble, 6-8-1999]
A.Â
Purpose. In Missouri, Cities of the Third Class are empowered
to enact planning and zoning measures under Chapter 89, RSMo. The
general purpose of zoning is to promote the health, safety, morals
and the general welfare of the community. Zoning also serves specific
purposes which are, as stated in Section 89.040 of the State Statutes,
to:
1.Â
Lessen congestion in the streets;
2.Â
Secure safety from fire, panic and other dangers;
3.Â
Promote health and the general welfare;
4.Â
Provide adequate light and air;
5.Â
Prevent the overcrowding of land;
6.Â
Avoid undue concentration of population;
7.Â
Preserve features of historical significance;
8.Â
Facilitate the adequate provision of transportation, water, sewerage,
schools, parks and other public requirements;
9.Â
Conserve the values of buildings; and
10.Â
Encourage the most appropriate use of land throughout the municipality.
B.Â
Zoning District Map. The official Zoning District Map for
the City is posted in City Hall. This map indicates the extent and
distribution of the various zoning districts as established by this
Chapter. The map also incorporates all district and boundary changes
enacted subsequent to the effective date of the ordinance codified
in this Chapter.
[CC 2001 §17.04.030; Ord. No. Z-1-99 §400.010(A), 6-8-1999]
This Chapter shall be known and may be cited and referred to
as the Zoning Code of the City of Bonne Terre, Missouri.
[CC 2001 §17.04.040; Ord. No. Z-1-99 §400.020, 6-8-1999]
In interpreting and applying the provisions of this Chapter,
they shall be held to be the minimum requirements for the promotion
of the public safety, health, convenience, comfort, morals, prosperity
and general welfare. It is not intended by this Chapter to interfere
with or abrogate or annul any ordinance, rules, regulations or permits
previously adopted or issued and not in conflict with any of the provisions
of this Chapter, or which shall be adopted or issued pursuant to law
relating to the use of buildings or premises and likewise not in conflict
with this Chapter; nor is it intended by this Chapter to interfere
with or abrogate or annul any easements, covenants or other agreements
between parties, except that if this Chapter imposes a greater restriction,
this Chapter shall control.
[CC 2001 §17.08.010; Ord. No. Z-1-99 §400.010(B), 6-8-1999]
For the purposes of this Chapter, certain terms and words are
defined. Words used in the present tense include the future; the singular
number shall include the plural and the plural singular; the word
"building" shall include the word "structure" and the word "shall"
is mandatory and not permissive.
A subordinate building or a portion of the main building,
which is incidental to the principal building or use and which is
located on the same lot with such principal building or use.
A use incidental to the principal use of a building located
on the same lot with the principal building or use.
An area which is used for the growing of the usual farm products,
such as vegetables, fruit, trees and grain and their 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. The term "farming" includes the operating of such an area for one
(1) or more of the above uses, including dairy farms with the necessary
accessory uses for treating or storing the produce; provided however,
that the operation of such accessory uses shall be secondary to that
of the normal farming activities, that such land shall consist of
at least ten (10) acres in one (1) parcel under common ownership or
operation; and provided further, that farming does not include the
feeding of collected garbage or offal to swine or other animals.
A minor right-of-way dedicated to public use which affords
only a secondary means of vehicular access to back or side of properties
otherwise abutting a street and which may be used for public utility
purposes.
See "DWELLING, MULTIPLE".
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps.
The total area within the property lines excluding external
streets.
A platform that projects from the wall of a building and
is enclosed by a parapet (low wall) or railing.
A story being at least fifty percent (50%) below the average
finished grade of the building. A basement is counted as a story for
the purpose of height regulation if subdivided and used for dwelling
purposes other than by a janitor employed on the premises.
Any building in a residential setting, which is principally
inhabited by the owner, where one (1) or more guest rooms, but fewer
than five (5) guest rooms, are provided for hire.
A panel or structure designed to carry or display a sign
or advertisement outdoors for the purpose of making anything known,
including those in which the origin or point of sale is remote from
the display. Billboards shall include walls, fences or other structures
on which advertising signs may be painted or attached.
A parcel of land, intended to be used for urban purposes,
which is entirely surrounded by public streets, highways, railroad
right-of-way, public walks, parks or greenstrips, rural land or drainage
channels or a combination thereof.
A building or place where rooming, lodging or lodging and
board are provided (or which is equipped to regularly provide such
services) by prearrangement for definite periods and for compensation.
A boarding, lodging or rooming house may have accommodations for three
(3) or more persons, but not more than nine (9) persons. A boarding,
lodging or rooming house is distinguished from a hotel which is open
to transients and has accommodations for ten (10) or more persons.
The width of the lot left to be built upon after the side
yards are provided.
Any structure having a roof supported by columns or walls
built for the support or enclosure of persons, animals, chattels or
property of any kind, but not including any vehicle, trailer (with
or without wheels) nor any movable device, such as furniture, machinery
or equipment.
The vertical distance from the grade to the highest point
of the coping of a flat roof or to the deck line of a mansard roof
or the mean height level between eaves and the ridge for gable, hip
and gambrel roofs.
A line or lines designating the area outside of which buildings
may not be erected.
An independent, ground-supported, roofed structure with totally
open sides.
A story having more than one-half (½) of its height
below grade. A cellar shall not be counted as a story for the purpose
of height regulation.
Any place, home or institution which receives five (5) or
more children under the age of thirteen (13) years and not of common
parentage, for care apart from their natural parents, legal guardians
or custodians, when received for regular periods of time for compensation;
provided however, this definition shall not include public and private
schools organized, operated or approved under the laws of this State,
custody of children fixed by a court of competent jurisdiction, children
related by blood, marriage or adoption within the third degree of
the custodial person or to churches or other religious or public institutions
caring for children within an institutional building while their parents
or legal guardians are attending services, meetings or classes or
engaged in church activities. The term "child or day care
center" shall be deemed to include "day care homes" and "day
nurseries" as defined by the Missouri Department of Social Services
for licensing purposes.
An establishment where patients, who are not lodged overnight,
are admitted for examination and treatment by a group of physicians
or dentists practicing medicine or dentistry together.
A building or portion thereof or premises owned or operated
by a corporation, association, person or persons for a social, educational
or recreational purpose, but not primarily for profit or to render
a service which is customarily carried on as a business.
Generally, any business of a commercial nature that has as
its primary function the direct sale of goods or services to the general
public.
An official document adopted by the Planning Commission,
approved by the City Council and duly recorded in the office of the
County Recorder. It may consist of several maps, data and other descriptive
matter for the physical development of or additions thereof; including
any amendment, extension or additions thereof adopted by the City
Council 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.
This plan for Bonne Terre shall set forth the physical development
of the community, including studies of land use, streets, traffic
volume and flow, schools, parks and other public buildings.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions. Real estate is not a condominium
unless the undivided interests in the common elements are vested in
the unit owners.
A section or sections 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 the use are uniform.
A restaurant, cafe or similar establishment where the facilities
or services are designed to permit food or beverages to be consumed
on the premises outside the building or in automobiles parked on the
premises.
Any building or portion thereof which is designed and used
exclusively for residential purposes.
One of a series of attached dwellings designed exclusively
for occupancy by one (1) family and located on individually subdivided
lots of record. Attached single-family dwellings may be the town house,
patio house or condominium types, so long as each unit is located
on an individual lot of record to be conveyed as part of the property
which each unit occupies.
A building designed for or occupied exclusively by one (1)
family and entirely surrounded by a yard or other separation from
buildings or adjacent lots. Single-family dwellings shall include,
but not be limited to, 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. Single-family dwellings
shall include, but not be limited to, 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 the foster parent by blood, marriage
or adoption.
A building or portion thereof designed for or occupied by
three (3) or more families living independently of each other, exclusive
of attached single-family dwellings, town houses, patio houses or
condominiums on individually subdivided lots of record.
A building or portion thereof designed for or occupied by
two (2) families living independently of each other, including a duplex
or semi-detached dwelling.
One (1) or more rooms in a dwelling designed for or intended
to be occupied as separate living quarters by a single-family as defined
herein.
A grant by the property owner to the public, a corporation
or persons of the use of a strip of land for specific purposes.
The duly designated engineer of the City.
One (1) or more persons related by blood, marriage or adoption,
occupying a dwelling unit as an individual housekeeping organization
and not more than two (2) other persons not related by blood, marriage
or adoption or a group of not more than three (3) persons (excluding
servants) not related by blood, marriage or adoption and living together
as a single housekeeping organization in a dwelling unit.
Any building or premises used for the sale at retail of motor
vehicle fuels, oil or accessories or for servicing or lubricating
motor vehicles or installing or repairing parts and accessories, but
not including the repairing or replacement of motors, bodies or fenders
of motor vehicles or painting motor vehicles and excluding public
garages.
The total number of square feet of floor space within the
exterior walls of a building, not including space in cellars, basements,
porches, carports or garages. However, if the cellar or basement is
used for business or commercial purposes, it shall be counted as floor
area in computing off-street parking requirements.
All 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, then all the
property abutting on one (1) side between an intersecting street and
the dead end of the street, but not including property more than four
hundred (400) feet distant on either side of a proposed building or
structure.
Any building or premises, except those used as a private
or storage garage, used for equipping, repairing, hiring, selling
or storing motor-driven vehicles. The term "repairing" shall not include
an automotive repair shop nor the rebuilding, dismantling or storage
of wrecked or junked vehicles.
A detached accessory building or portion of the main building
housing the automobiles of the occupants of the premises; provided
that no business occupation or service is conducted for profit therein
nor space therein for more than one (1) car is leased to a non-resident
of the premises.
A building or portion thereof designed or used exclusively
for term storage by prearrangement of motor-driven vehicles or household
items, 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. This is to include
household and commercial self-storage building.
The average level of the finished surface of the ground adjacent
to the exterior walls of the building, except when any wall approximately
parallels and is not more than five (5) feet from a street line, then
the elevation of the street at the center of the wall adjoining the
street shall be grade. This slope shall be specified in percent and
shown on road profile plan as required herein.
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 the main building or accessory building
by a member of the family residing on the premises; provided, that
no person not a resident on the premises is employed, no stock in
trade is kept or commodities sold, no internal or external alterations
or special construction of the premises are involved, no equipment
shall be used which creates offensive noise, vibration, sound, smoke,
dust, odors, heat, glare, X-ray or electrical disturbance to radio
or television instruments, no generation of substantial volumes of
vehicular instruments, no generation of vehicular or pedestrian traffic
or parking demand is created and in connection with which there is
no advertising sign displayed other than a nameplate not exceeding
one (1) square foot in area and there is no other exterior indication
that the building is being used for any purpose other than a dwelling.
When within the above requirements permitted, home occupations include,
but are not limited to, the following:
Art studio;
Babysitting, limited to four (4) children at one time;
Dressmaking or tailoring;
Home crafts, provided that no machinery or equipment be used
other than that customarily found in a home;
Office of a physician or dentist for consultation or emergency
treatment, but not for general professional practice or normal treatment
of patients;
Professional office of a real estate agency, insurance agency,
engineer, attorney or similar occupation;
Teaching, including music instruction, limited to not more than
two (2) pupils at one time.
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Permitted home occupations shall not be interpreted to include
barbershops, beauty shops, child or day care centers, nursery schools,
auto repairing, antique shops, sign painting, restaurants, plumbing
and electrical appliance shops, stables, kennels or animal hospitals
or any other light manufacturing or assembling operations.
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Any building or portion thereof that contains guest rooms
that are intended to be used or occupied or are occupied by ten (10)
or more persons for compensation, whether it be paid directly or indirectly
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.
Grading, sanitary and storm sewers, water mains, pavements,
curbs and gutters, sidewalks, road signs, lights, trees and other
appropriate improvements required to render land suitable for the
used proposed.
A tract of land, the control and administration of which
are vested in a single body, suitable for industrial use because of
location, topography, proper zoning, availability of utilities and
accessibility to transportation. The uses permitted are regulated
by protective minimum restrictions including size of site, parking
and loading regulations and building setback lines from front, side
and rear yards.
The terms industry" and "industrial", as used in this Chapter, are restricted to establishments primarily
involved in product manufacturing and processing, heavy equipment
uses and warehousing. It does not include retail and wholesale trades,
agricultural uses, institutional uses and other businesses that are
primarily commercial in nature.
A building occupied by a non-profit corporation or a non-profit
establishment for public use.
An off-street space or berth on the same lot with a building
or within a building for the temporary parking of a commercial vehicle
while loading or unloading merchandise or materials and which abuts
upon a street, alley or other appropriate means of access. A loading
space shall have minimum dimensions of twelve (12) feet by thirty-five
(35) feet and a vertical clearance of at least fourteen (14) feet.
A parcel of land occupied or intended for occupancy by use
permitted in this Chapter, including one (1) main building together
with its accessory building, open spaces and parking spaces required
by this Chapter and having its principal frontage upon a street or
upon an officially approved place by the Commission.
A lot or portion thereof, not greater than one hundred (100)
feet in width and situated at the intersection of two (2) or more
streets, having an angle of intersection of not more than one hundred
thirty-five degrees (135°).
That percentage of a lot which, when viewed from above, would
be covered by a structure or structures, on any part thereof, excluding
roof eaves.
The mean (average) horizontal distance between the front
and the rear lot lines, measured along the median between the two
(2) side lot lines.
A lot which runs through a block from street to street and
which has two (2) non-intersecting sides abutting on two (2) or more
streets.
The boundaries of a lot.
A lot which is part of a subdivision, the map of which has
been recorded in the office of the County Recorder of St. Francois
County, Missouri, or a lot or parcel of land, the deed of which has
been recorded in the office of the County Recorder of St. Francois
County, Missouri, prior to the adoption of this Chapter.
The horizontal distance between two (2) side lot lines, measured
at right angles to the lot depth at a point midway between the front
and rear lot lines.
The official plan of highways, primary and secondary thoroughfares,
parkways and other major streets, including collector streets, adopted
by the Planning Commission, approved by the City Council and duly
recorded in the office of the County Recorder.
An establishment whose primary function is the mechanical
or chemical transformation or processing of materials or substances
into new products, including the assembly of component parts and blending
of materials.
A factory-built structure or structures more than eight (8)
body feet in width and thirty-two (32) body feet or more in length,
equipped with the necessary service connections and made so as to
be readily movable as a unit or units on its or their own running
gear and designed to be used as a dwelling unit or units without a
permanent foundation. The phrase, "without a permanent foundation"
indicates that the support system is constructed with the intent that
the mobile home placed thereon may be moved from time to time at the
convenience of the owner.
A factory-fabricated, transportable building unit designed
to be used by itself or to be incorporated with similar units at a
building site into a modular structure to be used for residential,
commercial, educational or industrial purposes. For the purposes of
this Chapter, "modular home units" are considered as permissible single-family
dwellings in all residential districts.
Any building or group of buildings containing guest rooms
or dwelling units, some or all of which have a separate entrance leading
directly from the outside of the building with garage or parking space
conveniently located on the lot and designed, used or intended wholly
or in part for the accommodation of transients in automobiles.
Any building or land lawfully occupied by a use at the time
of passage of this code or amendment thereto which does not conform
after the passage of this Code or amendment thereto with the use regulations
of the district in which it is situated.
A home for the aged or infirm in which three (3) or more
persons not of the immediate family are received, kept or provided
with food and shelter or care for compensation, but not including,
hospitals, clinics or similar institutions devoted primarily to the
diagnosis, treatment or care of the sick or injured.
A place where business or services for others is transacted
and not a place where chattels or goods, wares or merchandise are
commonly created, exchanged or sold.
The map showing streets, highways and parks and drainage,
both existing and proposed.
The date when a development plan shall be considered submitted
to the Planning Commission and is defined to be the date of the meeting
of the Planning Commission at which all required surveys, plans and
data are submitted.
An open, unoccupied space used or required for use exclusively
for the parking of vehicles and in which no gasoline or vehicular
accessories may be sold, nor other business conducted, nor fees 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.
An area, enclosed or unenclosed, sufficient to store one
(1) automobile, together with a driveway connecting the parking space
with a street, road or alley and permitting ingress and egress of
an automobile. An off-street parking space shall have minimum dimensions
of nine (9) feet by twenty (20) feet, exclusive of driveways.
A group of basically "L" shaped, single-family dwellings,
which more or less enclose a private courtyard or patio and within
which each single-family unit is located on an individual subdivided
lot.
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 map, plan or layout of a City, township, section or subdivision
indicating the location and boundaries of individual properties.
A covered entrance to a building, usually with a separate
roof, that may or may not be enclosed or a roofed, open gallery attached
to the exterior of a building.
A lot, together with all buildings and structures thereon.
A building or facility owned or operated by a general unit
of local, State or Federal Government; or a building or facility under
the laws of the State of Missouri; or a building or facility operated
or used by a non-profit organization and open for the general use
by the public.
A group of architecturally unified commercial establishments
built on a site which is planned, developed, owned and managed as
an operating unit related in its location, size and type of shops
to the trade area that the unit serves. The unit provides on-site
parking in definite relationship to the types and total size of the
stores.
An identification, description, illustration or device which
is affixed to or represented directly or indirectly upon a building,
structure or land and which directs attention to a product, place,
activity, person, institution or business or which provides general
information.
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 is no floor above it, then 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 sixty percent (60%)
of the floor area is finished off for use. A half story may be used
for occupancy only in conjunction with and by the occupancy of the
floor immediately below.
A public or private right-of-way or 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.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders, or any
substantial change in roof or in the exterior walls, excepting such
repair or replacement as may be required for the safety of the building,
but not including openings in bearing walls as permitted by existing
ordinances.
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 and including, but not limiting
the generality of the foregoing, advertising signs, billboards, backstops
for tennis courts and pergolas (projecting roofs).
A land surveyor registered and licensed to do surveying work,
including all necessary document preparation, in the County of St.
Francois or the State of Missouri.
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.
One of a series of three (3) or more attached single-family
dwellings, two (2) or three (3) stories in height, which are separated
horizontally from one another by solid partition walls extending from
basements to roof without openings and which fronts on a public street
or other approved place and has both a front and rear yard.
One of a series of three (3) or more attached dwellings,
two (2) or three (3) stories in height, for single-family occupancy
which are separated from one another by partition walls extending
from basement to roof without openings, but which are not located
or sited on individual subdivided lots.
An area or plot of ground upon which four (4) or more trailers
or mobile homes, occupied for dwelling or sleeping purposes, are located
or intended to be located, regardless of whether or not a charge is
made for such accommodation.
The purpose for which land or building is arranged, designed
or intended or for which either land or a building is or may be occupied
or maintained.
A passage, hall or room between the outer door and the interior
of a building.
An open space on the same lot with a building unoccupied
and unobstructed by any portion of the structure from the ground upward,
except as otherwise provided in this Chapter. In measuring required
yard widths and depths, 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 front lot line and the main
building or any projections thereof other than the projections of
the usually uncovered steps, uncovered balconies or uncovered porch.
On corner lots the front yard shall be considered as parallel to the
street upon which the lot has its least dimension.
A yard extending across the rear of a lot and being 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 real yard shall 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 required front yard to the required rear yard
and being the minimum horizontal distance between the side lot line
and the side of the main buildings or any projections thereto.
[CC 2001 §17.12.010; Ord. No. Z-1-99 §400.025(A), 6-8-1999]
A.Â
Designation Of Districts. In order to classify, regulate
and restrict the locations of trades, industries and the location
of buildings designed for specific uses; to regulate and limit the
height and bulk of buildings hereafter erected or structurally altered;
to regulate and limit the intensity of use and the lot areas; and
to regulate and determine the areas of yards, courts and other open
spaces surrounding such buildings, the City is divided into districts,
of which there shall be eleven (11) in number known as:
"A-1" Agricultural District
"R-1" Single-Family Residential District
"R-2" Single-Family Residential District
"R-3" General Residential District
"MH" Mobile Home Park District
"C-1" General Commercial District
"C-2" Central Business District
"C-3" Planned Commercial District
"I-1" Light Industrial District
"I-2" Heavy Industrial District
"I-3" Planned Industrial Park District
B.Â
Annexed Territory. All territory which may hereafter be annexed to the City shall be classified in the "R-1" Single-Family Residential District until, within ninety (90) days following the annexation, the annexed territory shall be appropriately classified by ordinance in accordance with Article XI "Amendments", Section 405.660 "Amendment Regulations" of this Chapter.
[CC 2001 §17.12.020; Ord. No. Z-1-99 §400.025(B), 6-8-1999]
A.Â
The
boundaries of the zoning districts established within the City are
shown upon the Zoning District Map of the City, which accompanies
and is made a part of this Chapter. The map and all the information,
notations and references shown thereon shall have the same force and
effect as if all were fully set forth or described herein. The original
of the Zoning District Map is properly attested and is on file with
the City Clerk of the City.
B.Â
Whenever
any street or other public way is vacated by official action of the
City, the zoning district adjoining each side of such street or public
way shall be automatically extended to the center of such vacation
and all areas included in the vacation shall then and henceforth be
subject to all appropriate regulations of the extended districts.
C.Â
Where
uncertainty exists with respect to the boundaries of the various districts
shown on the district map, the following rules shall apply:
1.Â
Where a boundary line is given a position within a street, alley
or watercourse, it shall be deemed to be in the center of the street,
alley or watercourse and if the actual location of such street, alley
or watercourse varies slightly from the location as shown on the Zoning
District Map, then the actual location shall control.
2.Â
Where a boundary line is shown on the Zoning District Map as being
located a specific distance from a street line or other physical feature,
this distance shall control.
3.Â
Where a boundary line is shown adjoining or coincident with a railroad,
it shall be deemed to be in the center of the railroad right-of-way
and distances measured from a railroad shall be measured from the
center of the designated main line track.
4.Â
Where the district boundaries are not otherwise indicated and where
the property has been or may hereafter be divided into block and lots,
the district boundaries shall be construed to be the lot lines and
where the districts designated on the Zoning District Map are bounded
approximately by lot lines, said lot lines shall be construed to be
the boundary of the districts unless the boundaries are otherwise
indicated on the map.
5.Â
In a subdivided property, unless otherwise indicated, the district
boundary line shall be determined by the use of the scale contained
on the Zoning District Map.
[CC 2001 §17.12.030; Ord. No. Z-1-99 §400.025(C), 6-8-1999]
A.Â
Except
as hereinafter provided:
1.Â
No building or structure shall be erected, converted, enlarged, reconstructed,
moved or structurally altered, except in conformity with the height,
yard, area, parking and other regulations prescribed herein for the
district in which the building is located.
2.Â
No building or structure shall be erected, converted, enlarged, reconstructed,
moved or structurally altered, except in conformity with the height,
yard, area, parking and other regulations prescribed herein for the
district in which the building is located.
3.Â
The minimum yards, lots areas and other open spaces and parking spaces
required by this Chapter shall be provided for each and every building
or structure hereafter erected and such minimum yards, lot areas,
open spaces and parking spaces for each and every building or structure
whether existing at the time of passage of this code or hereafter
erected shall not be encroached upon or be considered as a yard, lot
area, open space or parking requirement for any other building or
structure.
4.Â
Every building hereafter erected or structurally altered shall be
located on a lot as herein defined and in no case shall there be more
than one (1) main building on one (1) lot except as specifically provided
in this Chapter.
5.Â
All plans for the installation of curb, gutter, storm and sanitary
sewer shall be subject to approval by the City Engineer and the Planning
Commission.
[Ord. No. 202309, 4-10-2023]
A.Â
Special
Use Permit Required. No person, firm, partnership, corporation, limited
liability company, association, organization of persons, joint venture
of any other entity ("operator") shall operate a bed and breakfast
inn, AirBnB, "VRBO" or other similar rental operations, within the
City of Bonne Terre unless a special use permit therefor has been
duly issued to the operator and is in full force at all times. All
permit applications shall be filed by the owner and/or operator with
the City of Bonne Terre which shall be presented at a Planning and
Zoning Committee meeting for review and consideration.
All permit applications shall be accompanied by the following:
1.Â
A City of Bonne Terre business license or application that is pending.
2.Â
Written confirmation by the Building Inspector or their designee that the premises comply with all provisions of Section 510.010 of the City Code. If occupancy is granted, the AirBnB can proceed with applying for their business license.
3.Â
The Building Inspector shall enter upon and inspect the lodging establishment
premises annually to ensure they comply with the Code, to establish
their yearly business license renewal.
4.Â
There shall be an annual inspection and special use permit fee paid
by the applicant yearly. The fee shall be set by the City Administrator
with approval of majority of Council.
B.Â
Lodging
Establishment Regulations. All lodging establishments shall comply
with the following:
1.Â
At the time a permit application is made, the applicant shall indicate
the number of guest rooms, the occupancy for each room and the total
occupancy of all rooms, which shall become the maximum occupancy for
the lodging establishment, subject to inspection and validation by
the Building Inspector.
2.Â
Signs including the maximum occupancy of the lodging establishment,
the name and phone number of the operator or their agent, emergency
phone numbers and the locations of fire extinguishers shall be placed
inside the front door of the building; provided, however, that such
signs shall not be required in bed and breakfast homes.
3.Â
All street and/or house address numbers shall be clearly displayed
on the exterior of the structure in the same size as designated in
"R-1" Single-Family Residential District structures. The street address
of the building shall be posted and visible at the building's front
entrance with characters that are at least three (3) inches tall,
in contrasting color.
4.Â
Smoke alarms shall be installed in each guest room and in the hallway
on each floor.
5.Â
One (1) charged fire extinguisher shall be kept on each floor. The
kitchen is preferred. The location of the fire extinguisher shall
be well-marked. One (1) carbon monoxide detector shall be installed
centrally on each floor if the establishment is gas operated.
6.Â
There shall be two (2) avenues of egress from all guest rooms [example:
one (1) window and one (1) door].
7.Â
A register shall be maintained indicating the name of the person
renting the bed and breakfast inn or guest house and the total number
of guests in that person's party.
8.Â
Every lodging establishment shall comply with all requirements of
the Building Code occupancy requirements which has been adopted by
the City for regulating and governing the conditions and maintenance
of all properties, buildings and structures in the City. In any instance
where the requirements of this Chapter are different than those contained
in the Building Code, the requirements of this Chapter shall control.
C.Â
Revocation
Of Business License. A Business License may be revoked at any time
during the term of such license for failure to comply with the terms
of this Chapter or with any other provision of the Bonne Terre Municipal
Code; provided, however, that the City shall provide twenty (20) days'
prior notice, in writing, ("notice") of the prospective revocation
and advise the operator of their right to request a hearing before
the City Council. The operator's request for hearing shall be in writing
and received by the City prior to the expiration of the 20-day notice
period.
