[Res. No. 07-06, Zoning Order Art.
2 § A, 7-12-2007]
A.Â
Words and numbers used singularly shall include the plural and the
plural, the singular. Words used in the present tense shall include
the future.
B.Â
The word "persons" includes a corporation, members of a partnership
or other business organization, a committee, board, trustee, receiver,
agent or other representative.
C.Â
The word "shall" is mandatory.
D.Â
The word "use," "occupy," or "occupied" as applied to any land or
building shall be construed to include the words "intended," "arranged,"
or "designed" to be used or occupied.
[Res. No. 07-06, Zoning Order Art.
2 § B, 7-12-2007; Ord. No. 08-02, 2-1-2018; Ord. No. 19-04, 8-15-2019; Ord. No. 23-01, 3-8-2023[1]]
For the purpose of this Zoning Order, the Comprehensive Plan
and the Subdivision Regulations, certain terms or words used herein
shall be interpreted or defined as follows, unless the context clearly
indicates otherwise.
A subordinate building which customarily is secondary to
the main residential building or use of the premises, but which has
as a primary use the storage of farm materials, planting materials
or harvested crops, equipment or livestock.
A subordinate building or use which customarily is incidental
to that of the main building or use of the premises. Customary accessory
uses, include, but are not limited to, tennis courts, swimming pools,
garages, garden houses, children's play houses, barbecue ovens and
fireplaces. An accessory building on a parcel designated as Agricultural
has as a main purpose, uses separate from the uses for an Accessory
Building Farm, such as machine shops, storage of non-agricultural
machinery or motor vehicles, or storage of recreational equipment.
A use or portion of a use which is attached to a larger use,
in a subordinate manner.
Any business, premises or establishment including, without
limitation, adult bookstores, adult video stores, adult motion picture
theaters, adult mini-motion picture theaters, adult cabarets, adult
live performance theaters which has any of the following:
Thirty percent (30%) or less of its annual gross receipts derived
from: (a) the offering of entertainment, performances, scenes, visual
representations, or other presentations which are characterized by
emphasis on the depiction or description of "specified sexual activities"
or of "specified anatomical areas" as herein defined, or (b) the offering
of stocks in trade of books, magazines, periodicals, or other printed
matter or photographs, films, motion pictures, video cassettes, slides,
or other photographic materials which are characterized by emphasis
on depiction or description of "specified sexual activities" or of
"specified anatomical areas" as herein defined, and instruments, devices,
or paraphernalia designed for use in connection with "specified sexual
activities" as herein defined; or
Thirty percent (30%) or less of its inventory on hand at any
time consisting of stocks in trade of books, magazines, periodicals,
or other printed matter or photographs, films, motion pictures, video
cassettes, slides, or other photographic materials which are characterized
by emphasis on depiction or description of "specified sexual activities"
or of "specified anatomical areas" as herein defined, or paraphernalia
designed for use in connection with "specified sexual activities"
as herein defined; or
Thirty percent (30%) or less of its floor area at any time allocated
to: (a) entertainment, performances, scenes, visual representations,
or other presentations which are characterized by emphasis on depiction
or description of "specified sexual activities" or of "specified anatomical
areas" as herein defined, or (b) the offering, display and storage
of stocks in trade of books, magazines, periodicals, or other printed
matter or photographs, films, motion pictures, video cassettes, slides,
or other photographic materials which are characterized by emphasis
on depiction or description of "specified sexual activities" or of
"specified anatomical areas" as herein defined, and instruments, devices,
or paraphernalia designed for use in connection with "specified sexual
activities" as herein defined.
Specified Anatomical Areas are any of the following:
Specified Sexual Activities: Any of the following:
Fondling or other erotic touching of human genitals, pubic region,
buttocks, anus, or female breasts; or
Acts actual or simulated of sexual intercourse, masturbation,
sodomy, or oral copulation; or
Excretory functions as part of or in connection with any of
the activities set forth in paragraphs (a) and (b) of this definition.
Any adult entertainment establishment whose annual gross
receipts, or its inventory on hand at any time, or of its floor area
at any time used for the activities of adult entertainment exceed
thirty percent (30%).
Keeping of livestock, such as horses, cows, pigs, goats and
similar agricultural and recreational animals for personal and educational
use, not for commercial use as regulated in this Zoning Order.
The use of a tract of land of not less than twenty (20) acres
for the growing of crops, pasturage, nursery, or the raising of livestock
and poultry, including the structures necessary for carrying out farming
operations and a maximum of two (2) residences of those owning or
operating the premises, a member of the family thereof, or persons
employed thereon, and the family thereof. Such use shall not include
feedlots as defined by State Statute; or the use of smaller tracts
of land, less than twenty (20) acres specifically designated by the
County for agriculture purposes;
A public or private right-of-way primarily designed to serve
as secondary access to the side or rear of those properties whose
principal frontage is on some other street.
Alteration, as applied to a building or structure, is a change
or rearrangement of the structural parts of an existing building or
structure. Enlargement, whether by extending a side, increasing in
height, or the moving from one (1) location or position to another,
shall be considered an alteration.
The normal condition or environment of an area that may be
expected from historical experience, such as the ambient lighting
levels of a rural area, or the ambient sound levels of a space within
a building.
An approximation of the numbers of grazing animals which
may be supported by a unit of conventional pasturage, such that overgrazing
and surface vegetation are generally prevented. One thousand two hundred
(1,200) pounds of animal will generally not exceed the limits of healthy
ground cover adequate to prevent soil erosion for a two (2) acre parcel.
See Storm Water Management Article.
An establishment where animals are admitted for examination,
treatment, or care, by a doctor of veterinary medicine, and for boarding
purposes for short durations as necessitated by the medical care.
A measure of agricultural livestock established by the Missouri
Department of Natural Resources, (MoDNR) based on one (1) dairy cow
as equivalent to one (1) unit, for purposes of regulating confined
feeding operations.
(See Dwelling, Multiple.)
The owner and those individuals who hold a deed interest
for which a zoning action, change in use, change in zoning or subdivision
of property, or for which a Special Use Permit, variance or other
zoning permit or action has been requested; or consent shall be required
from the legal owner(s) of the premises for anyone to act as their
representative in such matters.
The American Public Works Association which authors engineering
standards for urban traffic systems, utility system design and storm
water control matters.
A piece of land capable of being described with such definiteness
that its location may be established and boundaries definitely ascertained.
That portion of a building having more than one-half (1/2)
of its height below grade.
See Hotel.
A design or management solution that has, by repeated and
successful use, been determined to be an acceptable means to achieve
a result by most authorities having jurisdiction.
A design or management solution that incorporates manmade
and natural fabrics and natural plant growth as a means to effectively
control water flow and pollution.
A tract of land bounded by streets, or by a combination of
streets and public parks, cemeteries, railroads, rights-of-way, shoreline
of waterways, or boundary lines of municipalities.
That Board which has been created by the County Commission
to have jurisdiction and the authority to hear and determine appeals
and variances to the zoning regulations and to issue Special Use Permits
and other permits as defined in this Zoning Order.
A building other than a hotel where, for compensation and
by pre-arrangement for definite periods, meals, or lodging and meals,
are provided for three (3) or more persons, but not to exceed twenty
(20) persons. Individual cooking facilities are not provided.
Any form of security including a cash deposit, surety bond,
collateral, property or instrument of credit in an amount and form
satisfactory to the County Commission. Such sureties shall be approved
by the County Commission wherever a bond is required by this Zoning
Order or the Subdivision Regulations.
Any structure designed or intended for the enclosure, shelter
or protection of persons, animals or property.
The building standards regulating construction as adopted
and enforced by the County.
The vertical dimension measured from the lowest elevation
of the finished grade on any side of a building to the highest point
of the exterior surface of the vertical wall where it meets the horizontal
roof structure, generally the soffit, but the top of the parapet for
buildings with flat roofs. In the case of more than a single height
dimension, as in varying wall heights, the highest wall height shall
be used in considering the regulation.
Land used for the burial of the dead, and dedicated for cemetery
purposes, including columbariums, and mausoleums.
(See Medical, Dental or Health Clinic).
An area of land or water or combination thereof planned for
passive or active recreation, which does not include areas utilized
for streets, alleys, driveways or private roads, off-street parking
or loading areas. The area of recreational activities, such as swimming
pools, tennis courts, playing fields, may be included as common open
space.
A building separated on all sides from adjacent open space,
or from other buildings by fixed exterior walls, pierced only by windows
and entrance or exit doors, and covered by a permanent roof.
A concentrated feeding operation as defined by the Missouri
Department of Natural Resources (MoDNR).
The political subdivision of Cass County, Missouri.
The County Prosecuting Attorney or such licensed attorney
designated by the Prosecuting Attorney or County Commission to furnish
legal assistance for the administration of this Zoning Order or the
Subdivision Regulations.
The County engineer or such professional engineer as shall
be selected by the County Commission to provide technical services.
That person designated to administer the health regulations
of the County.
Care provided for a child away from his/her own home for
any part of the twenty-four (24) hour day for compensation or otherwise.
Day care is a voluntary supplement to parental responsibility by permission
of the parent(s) for the child's protection, development and supervision.
Day care may be given in a family day care home, group day care home
or day care center.
Group day care home provider or provider is the person(s)
licensed or required to be licensed under State Statutes in order
to establish, conduct or maintain a child care facility. This person(s)
shall have ultimate responsibility for making and implementing decisions
regarding the operation of the facility; and financial control of
the operation of the facility.
A day care home, day care center or group day care home or
other place conducted or maintained by any person who offers to provide
care for more than four (4) children during the daytime, for compensation
or otherwise, except similar services operated by a school system;
except that, a child day care facility shall not include any private
or religious organization elementary or secondary school, a religious
organization academic preschool or kindergarten for four (4) and five
(5) year-old children, a home school, as defined in State Statutes,
a weekly Sunday or Sabbath school, a vacation Bible school or child
care made available while the parents or guardians are attending worship
services or other meetings and activities conducted or sponsored by
a religious organization;
DAY CARE HOMEWhether known or incorporated under another title or name, a child care program where care is given by a person licensed as a day care home provider for less than ten (10) children not related to the provider for any part of the twenty-four (24) hour day. The provider may be licensed to operate no more than one (1) family day care home or group day care home.
GROUP DAY CARE HOMEWhether known or incorporated under another title or name, is a child care program where care is given by a person licensed as a group day care home provider for ten (10), but not more than twenty (20), children not related to the child care provider for any part of the twenty-four (24) hour day. A group day care home shall be in a location other than the provider's permanent residence or completely separate from the provider's living quarters. The provider may be licensed to operate no more than one (1) group day care home or family day care home.
DAY CARE CENTERWhether known or incorporated under another title or name, is a child care program where care is given by a group of persons licensed as a group day care center for more than twenty (20) children for any part of the twenty-four (24) hour day.
The Missouri Department of Natural Resources (MoDNR).
The Missouri Department of Transportation (MoDOT).
A rainfall amount used to simulate water amounts and impacts
for the purposes of designing controls for them, usually expressed
as inches of rain per period of time in minutes.
A precipitation event as rain or snow or snow melt that has
a specified probability of occurring in any given period, usually
in a year, and expressed as a percentage.
Any structure, device or construction, or combination thereof,
which functions to accept inflow from surface or piped run off rain
water and then discharge it at a controlled and manageable rate less
than the peak inflow rate. See Retention Facility.
The administrative officer as appointed by the Planning Board
with the duties of enforcement of the Comprehensive Plan, Zoning Order
and Subdivision Regulations as required by the State.
A section or sections of the area of the County for which
these regulations govern the use of land, through uniform standards.
Any canine species over twelve (12) months of age.
The path of rainfall from one (1) area into another, or into
a receiving body of water such as a stream.
Any building or portion thereof, except mobile homes for
purposes of use regulations, which is designed and used exclusively
for residential purposes.
A building having accommodations for and occupied by more
than two (2) families, independently.
A building having accommodations for and occupied exclusively
by one (1) family.
A single-family accessory dwelling, attached or adjacent
to the principal dwelling on the parcel, occupied temporarily by not
more than two (2) adult individuals, who, due to human frailty, are
in the care and custody of the residents of the principal residence.
The intent of this temporary use is to accommodate transitional living
needs of family members, and not to provide for caretaking facilities.
As such, the transitional living dwelling shall not have a separate
mailing address, may contain housekeeping facilities limited to a
single bath and one (1) kitchen. Rent may not be charged for this
facility. The duration of this transitional living permit shall be
determined by the Board of Zoning Adjustment under the regulations
as issued by the Zoning Department and as regulated in the Special
Use Permits.
A building having accommodations for and occupied by two
(2) families, independently.
Authorization by a property owner for the use by another
party for a specified purpose, of any designated part of his/her property.
Such authorization shall be recorded with the County recording office.
The point at the top of a vertical wall where it meets the
structure of the roof and makes transition to a horizontal surface.
For a building with a sloping roof, this shall be generally considered
at the soffit line. For Gable roof designs, the two (2) sides, to
which the roof slopes, are considered to have an eave and for Hip
roof designs, all four (4) sides of the roof have an eave.
Any facility which is certified by State of Missouri Division
of Alcohol and Drug Abuse of the Department of Mental Health for such
treatment.
One (1) or more persons related by blood, marriage or adoption,
living together as a single housekeeping unit; or a group of not more
than four (4) unrelated persons living together as a single housekeeping
unit; including in either case, usual domestic servants. A family
shall under no circumstances be construed or function as a boarding
house, fraternity, or sorority house, club, lodging house, hotel or
motel.
A non-residential building occupied or used by an individual
or enterprise engaging in agricultural pursuits, located no less than
two hundred (200) feet from the principal residence on the same parcel,
and used for the storage of agricultural equipment, materials, supplies
or livestock.
An existing residence as of the February 1, 2005, and up
to five (5) acres of contiguous land on the same parcel, which was
constructed as a farm residence, whether inhabited by a farm family
or not.
The Federal agency empowered to regulate airports and airspace.
An unroofed barrier or unroofed enclosing structure, including
retaining walls.
The preventing of storm run off into an area from another
area.
For computing off-street parking requirements: Shall mean the
gross floor area of the building measured from the exterior faces
of the exterior walls or from the centerline of walls separating two
(2) buildings and shall include the following area: 1) the basement
floor area; 2) the area of each floor of the structure, and 3) attic
space having head room of seven (7) feet to ten (10) inches or more.
Floor area for determining floor area ratio as used herein shall
be computed as the sum of the following areas:
The gross horizontal areas of the several buildings measured
from the exterior faces of exterior walls or from the centerline of
wall separating two (2) buildings which shall include floor area utilized
for stairwells or elevator shafts and floor space used for mechanical
equipment (except equipment open or enclosed, located on the roof);
Penthouses;
Basement floor area;
Attic space having head room of seven (7) feet to ten (10) inches
or more;
Interior balconies and mezzanines;
Enclosed porches;
Floor area devoted to accessory uses:
Interior halls.
The maximum percentage of allowable floor area of a building
or complex, including both principal and accessory buildings, is to
be computed by dividing the floor area of said complex or buildings
by the area of the building site.
A residence or building occupied on a full-time basis by
no more than four (4) children, two (2) or more of which are unrelated
to the foster parent. Foster homes shall be permitted in all residential
structures on the same basis as would a family.
The length of the property abutting on one (1) side of a
street measured along the dividing line between the property and the
street right-of-way.
An accessory building designed or used for the storage of
motor-driven vehicles owned and used by the occupants of the building
to which it is accessory. The garage may be located on the same parcel
as the primary structure or it may be located on an adjacent lot to
the primary residence if the adjacent lot is under the same ownership.
A building or portion thereof, other than a private garage,
designed or used for equipping, repairing, hiring, servicing, selling,
or storing motor-driven vehicles.
The three (3) member Cass County Commission.
Generally, the current surface level of the surrounding ground.
The finished ground level along any building wall located approximately
parallel to a street. For buildings having walls facing one (1) street
only, this level shall be the base grade.
For buildings having walls facing more than one (1) street,
the grade shall be the average of the grades all walls facing each
street.
For buildings having no wall facing a street, the average level
of the finished surface of the ground adjacent to the exterior walls
of the building shall be the grade.
A residence or building in which eight (8), or fewer, unrelated
mentally or physically handicapped persons reside, and may include
two (2) additional licensed persons as care providers, provided that
the care provider may be licensed to operate no more than one (1)
group home on the premises.
Concrete, asphalt or oil coated gravel, called chip and seal,
road surface improvement of a public or private street in conformance
with the County Road and Bridge Department standards and specifications.
See also Pervious Surface and Parking Space.
Any waste or combination of wastes as defined by Federal
or State regulations, which, because of its quantity, concentration
or physical, chemical or infectious characteristics, may cause or
significantly contribute to an increase in mortality or an increase
in serious irreversible or incapacitating reversible illness or which
may pose a threat to the health of humans or other living organisms.
The vertical distance from the average elevation of the proposed
finished grade along the wall of a building (or adjacent to the side
of a non-building use) to the highest point of the vertical wall,
at which point the vertical wall joins a soffit or roof structure.
An accessory, subordinate use of a residence or its accessory
structure for gainful employment as specifically permitted by these
regulations.
A building or portion thereof, or a group of buildings, used
as a transient abiding place which may or may not serve meals and
whether such establishments are designated as a hotel, inn, automobile
court, motel, motor inn, motor lodge, motor court, tourist cabin,
tourist court, bed and breakfast or other similar designation.
The engineering characteristics of land which determine the
rate of rain water movement across it, usually determined by a calculation
considering the vegetation, slopes, soil characteristics, watershed
topography, amount of rainfall and area involved.
A surface which essentially does not absorb rainfall, passing
it off onto adjacent surfaces, such as conventional concrete or asphalt
paving.
A septic tank, seepage tile or piped sewage disposal system,
utilizing gravity or pressure, or any other sewage treatment device
approved by the Director of Planning and Zoning or the State.
A building occupied by a non-profit corporation or a non-profit
establishment for public use.
See Salvage Yard.
Any place, area, building, or structure where dogs, cats
or other animals normally kept as household pets, including those
under one (1) year in age are boarded, housed, cared for, fed, or
trained by other than the owner.
Any building, structure or use of land where more than four
(4) dogs or four (4) cats are kept for purposes of breeding, raising,
or as pets.
A lot or parcel of land used primarily for the disposal of
discarded debris and solid waste which debris shall be free of hazardous
wastes or similarly regulated wastes.
A lot or parcel of land used primarily for the disposal and
burial of garbage, sewage, trash, refuse, junk, discarded machinery
or motor vehicles or parts thereof, or other waste.
The following terms shall be used in administering the requirements
of the lighting performance standards:
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CANDLEPOWER — The amount of light that will illuminate
a surface one (1) foot distance from a light source to an intensity
of one (1) foot-candle. Maximum peak candlepower is the largest amount
of candlepower emitted by any lamp, light source, or luminaire.
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CUTOFF — The points at which all light rays emitted by
a lamp, light source, or luminaire are completely eliminated or cutoff
at a specific angle above the ground.
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CUTOFF ANGLE — The angle formed by a line drawn from the
direction of light rays at the light source and a line perpendicular
to the ground from the light source above which no light is emitted.
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CUTOFF-TYPE LUMINAIRE — A luminaire with elements such
as shields, reflectors, or refractor panels which direct and cut off
the light at a cutoff angle that is less than ninety degrees (90°).
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FOOT CANDLE — A unit of illumination produced on a surface,
all points of which are one (1) foot from a uniform point source of
one (1) candle.
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GLARE — The brightness of a light source, direct or reflected,
which causes eye discomfort or impairment of vision.
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LUMINAIRE — A complete lighting unit consisting of a light
source and all necessary mechanical, electrical, and decorative parts.
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MAXIMUM PERMITTED ILLUMINATION — The maximum illumination
expressed and measured in foot-candles at any point, such as along
a property interior setback yard line at ground level in accordance
with the standards of these Regulations.
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LIGHT POLLUTION — Interference with the existing and natural
ambient lighting conditions during any part of the day or night cycle
by sources of light not previously or normally present, especially
when the interfering light levels impair the normal viewing conditions.
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Generally accepted outdoor farm animals, such as cows, horses,
pigs, goats, barnyard fowl, not to include dogs and cats and bees.
The area within a residential building primarily used for
habitation excluding attics, garage, storage and mechanical equipment
portions of basements, patios, decks, and porches.
See Boarding House.
A parcel of land occupied or intended for occupancy by one
(1) main building or a complex of buildings together with the accessory
structures and including the open spaces and parking required by this
Zoning Order, which may include more than one (1) lot of record, or
metes and bounds described tract, having its principal frontage upon
a public street or officially approved place.
The ratio of the total plan view area of structures on a
parcel to the total area of the parcel or lot.
The front of a lot shall be that narrowest dimension abutting
a street right-of-way. On corner lots which have two (2) equal sides
which abut on a street right-of-way, either side may be considered
the front of the lot.
The rear of a lot shall be that side opposite the front of
the lot.
A lot which is a part of a subdivision, the plat of which
has been recorded in the office of the Recorder of Deeds or a lot
described by metes and bounds, the description of which has been recorded
in the office of the Recorder of Deeds prior to the adoption of this
regulation.
The dividing of a tract of land into two (2) parts by means
of a technical drawing made to scale by a surveyor, such that there
is a single dividing line to separate the two (2) parts.
A lot abutting upon two (2) or more streets at their intersection.
The maximum horizontal distance between the front and the
rear lot lines.
A lot having a frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
The horizontal distance between the side lot lines, measured
at the front setback line or the front platted building line, whichever
is longer,
A parcel or tract of land used, developed, or built upon
as a unit under single ownership or control.
A dwelling unit fabricated on or after June 1, 1976, in a
manufacturing facility for installation or assembly at a separate
building site, bearing a seal certifying that it is built in compliance
with the Federal Manufactured Housing Construction and Safety Standards
Code.
A facility certified by the Department of Health and Senior
Services, to acquire, test, certify, and transport marijuana.
Any building designed for use by one (1) or more persons
lawfully engaged in the diagnosis, care and treatment of physical
or mental diseases or ailments of human beings; including, but not
limited to, doctors of medicine, dentists, chiropractors, osteopaths,
optometrists, podiatrists, and in which no patients are lodged overnight,
and which may include a pharmacy.
Warehousing facilities for goods stored by individuals on
a rented-space basis that create a commercial-level of traffic, rather
than bulk industrial warehousing.
A transportable structure larger than three hundred and twenty
(320) square feet in floor area, designed to be used as year-around
residential dwelling, and built prior to the enactment of the Federal
Mobile Home Construction and Safety Act of 1974, which became effective
for all mobile home construction on June 1, 1976.
Any area, of land equipped as required for support of mobile
homes and offered for use by the owner or representative for mobile
or manufactured home park purposes, and/or ground upon which three
(3) or more mobile or manufactured homes are parked, whether for compensation
or not, including all accessory uses thereof, and as recognized as
such by the County. The term "mobile home park" does not include sales
lots of which unoccupied mobile or manufactured homes are parked for
the purpose of inspection and sale.
A mobile or manufactured home that consists of two (2) or
more sections that are transported separately and assembled at the
site into one (1) structure of a width of not less than twenty (20)
feet.
A mobile or manufactured home that consists of one (1) section
which the main body, exclusive of expansions or extensions, is not
more than sixteen (16) feet in width.
A manufactured residential structure built to a nationally-recognized
and accepted construction standard as published by the Building Officials
Conference of America (BOCA) or the International Conference of Building
Officials (ICBO), provided the manufactured unit is inspected and
certified at the factory that it meets said standard.
See Hotel.
Any self-propelled vehicle designed primarily for transportation
of persons or goods on public roads or streets.
Any motor vehicle that does not bear a current license plate
unless said vehicle is stored within a completely enclosed building
or unless it is stored in a bona fide sales or storage lot, recognized
by the County as a property or use designated as commercial.
For the purposes of these regulations, any City, Township,
Village or County established pursuant to the Revised Statutes of
Missouri.
Any sound which interferes with the ambient sound character
of a parcel, building or use in an undesirable, unwanted manner, such
that it interferes with the use of the parcel or building or any adjacent
use of land.
See Article on same. Generally a structure which does not
comply with the lot size requirements or bulk regulations applicable
to new structures in the zoning district in which it is located.
See Article on same. Generally an existing use of a structure
or land which does not conform with the regulations of the district
in which it is situated as established by this regulation or any amendments
hereto.
See Toxic Material.
The National Pollution Discharge Elimination System, a subpart
of the 1972 Clean Water Act which defines and controls potential polluting
effects of storm water run off.
Any thing, as determined by the County, that disturbs the
reasonable use of a property, endangers life and health, or is offensive.
An institution or agency licensed by the State for the reception,
board, care, or treatment of three (3) or more unrelated individuals,
but not including facilities for the care and treatment of mental
illness, alcoholism, or narcotics addiction.
Excessive numbers of grazing animals which may cause conventional
pasturage and surface vegetation to be denuded beyond it's ability
to recover natural ground cover without allowing soil erosion to occur.
See Storm Water Management Article.
Any person, group of persons, firm or firms, corporation
or corporations, or any other legal entity having legal title to or
sufficient proprietary interest in a tract, lot or parcel of land.
One (1) or more contiguous lots of record under single ownership,
or portions of a lot or lots of record, or any combination thereof
for development. See Lot.
An area surface for all-weather use including gravel, sand,
or comparable material for the purpose of storing one (1) parked automobile.
For the purpose of this regulation, one (1) parking space shall have
a minimum width of nine (9) feet and a minimum length of twenty (20)
feet, or in the case of parking spaces reserved for persons with disabilities,
a space as defined by the Americans With Disabilities Act. In computing
off-street parking, additional space shall be required for access
drives for each parking space.
A surface which provides structural capacity for surface
uses, such as vehicular traffic, without sustaining damage and also
allows surface water and rain water to pass directly through it at
a reduced rate into the ground beneath.
The appointed six (6) member Planning Board of Cass County,
Missouri.
The person or his/her designee who is authorized by the County
to administer the planning policies and procedures of Cass County.
A technical drawing, usually prepared by a surveyor, to a
particular scale, describing the boundaries and other features of
several contiguous and related parcels or lots. In zoning usage, a
plat is the plan view of the arrangement of a series of lots, which
becomes a matter of record.
The primary function or activity which is conducted at or
on a parcel or lot on which it is situated. In a residential district,
the largest dwelling shall be deemed to be the principal building.
Any building or part thereof used by one (1) or more persons
engaged in the practice of law, accounting, architecture, engineering,
or other occupation customarily considered as a profession.
A dividing line between a lot, tract, or parcel of land and
any other tract, parcel or lot, or the contiguous street right-of-way
line.
Any business which furnishes the general public telephone
service, telegraph service, electricity, natural gas, water, sewer,
communication cable or any other business so affecting the public
interest as to be subject to the supervision or regulation by an agency
of the State.
A vehicular-type unit built on or for use on a chassis and
designed primarily as living quarters for recreational, camping, vacation
or travel use and which has its own motive power or is mounted on
or drawn by another vehicle, and which has a body width not exceeding
eight (8) feet and a body length not exceeding forty (40) feet.
The return of solid waste items, most notably, glass, paper,
aluminum, steel, other metals, motor oil, yard waste and plastics,
for reuse or remanufacture as a usable product.
A building or use of more than one thousand (1,000) square
feet in area, in which recoverable materials, such as newspapers,
glassware and metal cans are collected, stored, flattened, crushed
or bundled prior to shipment to others who will use those materials
to manufacture new products. The materials shall be stored on-site
in bins or trailers or inside of a building.
To create and record a new drawing describing the boundaries
and other features of several contiguous and inter related parcels
or lots, such that, when recorded, the new plat becomes a matter of
record.
A public eating establishment at which the primary function
is the preparation and serving of food.
To amend the Zoning Designation for a parcel or tract of
land.
A strip of land occupied or intended to be occupied, or reserved
for use by a street, alley crosswalk, railroad, public utility service
line or storm sewer main; or for another special use.
Located along the edge of a watercourse, and generally including
the micro environment of such areas, including vegetation, soil features
and wildlife.
See Street.
A use of land for the display, for purposes of sale, of mobile
or manufactured homes, motor vehicles, machinery or equipment, which
is typically stored outside of enclosed buildings.
An area of land with or without buildings, used for or occupied
by a deposit, collection or storage, outside a completely enclosed
building, including:
Used or discarded materials such as wastepaper, rags or scrap
material; or
Used house furnishings, machinery, or
Used building materials for which there is not a current permit
allowing their use in building or construction on that same land,
or
Motorized vehicles or parts thereof, with or without the dismantling,
processing, salvage, sale or other use or disposition of the same.
A deposit or the storage on a parcel or lot of two (2) or more wrecked,
inoperable motor vehicles or parts of two (2) or more such motor vehicles
for one (1) week in a residential district, or for three (3) weeks
or more in any other district, shall be deemed a salvage yard. Motor
vehicles not bearing a current State license shall be considered abandoned.
The designed normal seating capacity of the a structure used
for any kind of public assembly.
A building or group of buildings and surfaced area where
motorized vehicles may be refueled and serviced. Self service pumps
without buildings shall also be included and such services may include
repair uses for tires, vehicle body or mechanical repair of vehicles.
The regulatory distance required between one (1) use of land
and another, typically as in the distance between a structure and
a property line.
Any device which shall display or include any letter, word,
model, banner, flag, pennant, insignia, device, or representation
used as, or which is in the nature of, an advertisement or announcement
which directs attention to an object, product, place, activity, person,
institution, organization, or business, but shall not include any
display of official notice or official flag.
A use of temporary housing in locations not otherwise authorized
for such use by this Zoning Order may be permitted by a Special Use
Permit. This Permit is intended to be used for cases wherein the proposed
occupant(s) of the temporary dwelling are physically or mentally incapacitated
and require the care or supervision of the person making application
for the Permit. A special need must be described in the application
for this special use, and documentation of the need, such as medical
opinions and information, shall be as required by the Planning Board
or as a condition of the Permit as determined by the BZA. See Special
Use Permit Article.
A Permit that provides permission under special conditions,
as defined by the Planning Board and the Board of Zoning Adjustment,
to make certain temporary and regulated special uses of land in areas
with designated zoning, as stipulated in this Zoning Order.
That portion of a building, other than a basement, 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. In the absence of a specific
diagram, the building height of a story shall be considered to be
twelve (12) feet.
A watercourse or active channel which is subject to a water
flow with a duration lasting a continuous seventy-two (72) hour period
in any season of the year.
A right-of-way, dedicated to the public use, which provides
vehicular and pedestrian access to adjacent properties. The minimum
right-of-way for County maintained streets and roads is a total of
sixty (60) feet.
See also County Road Standards.
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EXPRESSWAY — A street which provides fast and efficient
movement of large volumes of traffic between areas and does not provide
a property access service function. Access to an expressway is provided
through either interchanges or major streets.
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ARTERIAL — A street which provides for through traffic
movement between population centers, economic centers and the State
and municipal road system. The County designates such streets as a
Minor Arterial with relatively heavy traffic usage, typically four
thousand (4,000) to ten thousand (10,000) average daily trips.
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COLLECTOR — A street which provides for traffic collection
between local roads and arterials with relatively moderately traffic
usage, typically one thousand (1,000) to four thousand (4,000) average
daily trips. The County designates this as a Type II Collector with
school bus, mail and farm to market uses.
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LOCAL — A street which provides direct access to abutting
land, and local traffic movement whether in business, industrial,
or residential areas.
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Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams, or girders, or any
complete rebuilding of the roof or the exterior walls. For the purpose
of this regulation, the following shall not be considered a structural
alteration.
Anything constructed or erected, the use of which requires
permanent location on the ground or attachment to something having
a permanent location on the ground, but not including fences or public
items such as utility poles, street light fixtures, and street signs
as defined in this Zoning Order.
The division of one (1) tract of land into more than two
(2) parts, through a process of creating a plat and recording it in
the historical record. See Lot Split.
The date of the meeting of the Planning Board, County Commission
or Board of Zoning Adjustment before which an application for a zoning
action is being considered.
An establishment in which the primary function is the public
sale and serving of alcoholic beverages for consumption on the premises,
including establishments, commonly known as key clubs, which are open,
and in which alcoholic beverages are served, only to members and their
guests.
See parcel.
See Recreation Vehicle:
A facility licensed as such by the Missouri Department of
Health and Senior Services in connection with the transportation and
storage of medical marijuana.
Any facility which is certified by the State of Missouri
for such treatment.
Generally land that may be used for any of the uses permitted
within the County and which may be limited by regulations, setbacks
and other restrictions. Land that is permanently in the Floodway of
the Flood Plain is not considered as usable land.
The term employed to refer to any purpose for which land,
buildings or other structures may be occupied.
The total surface area that contributes rainfall run off
to a stream or waterway at any time.
A WECS for home use, as distinct from a commercial use, that
complies with the limitations of these regulations.
A machine that converts the kinetic energy in the wind into
a usable form, commonly known as a wind turbine or windmill.
A space on the same lot with a main building, open, unoccupied
and unobstructed by buildings or structures from the ground upward.
A yard extending across the full width of the lot, the depth
of which is the least distance between the street right-of-way and
the building setback line.
A yard extending across the full width of the lot, the depth
of which is the least distance between the rear lot line and the rear
setback line.
A yard extending from the front yard, or front lot line where
no — front yard is required, to the rear yard. The width of
the side yard shall be measured horizontally, between the side lot
line and the furthest architectural projection of the structure.
The defined portion of the area of the County for which uniform
regulations governing the use, height, area, size, and intensity of
use of buildings, land, and open spaces about buildings are herein
established.
The assignment of a set of conditions to a specific parcel,
such that the uses of that parcel are regulated according to standards
that apply to all such parcels so designated.
See Director of Planning and Zoning.
The officer authorized and empowered by the County Commission
to enforce these regulations, under the supervision of the Director
of Planning and Zoning.
An officer authorized and empowered by the County Commission
to enforce these regulations, under the supervision of the Zoning
Director.
The term "Zoning Regulations" or "these Regulations" shall
mean the requirements stipulated herewith, adopted by the County as
the Zoning Order.
