[Ord. No. 3121, 4-18-2016]
A.
Purpose. The Zoning Regulations and districts as herein established
have been made in accordance with a comprehensive plan to promote,
in accordance with present and future needs, the safety, morals, order,
convenience, prosperity, and general welfare of the citizens of Malden,
Missouri, and to provide for efficiency, and economy in the process
of development, for the appropriate and best use of land, for convenience
of traffic and circulation of people and goods, for the use and occupancy
of buildings, for healthful and convenient distribution of population,
and for adequate public utilities and facilities by regulating the
location and use of buildings, structures, and land for trade, industry,
and residence, by regulating and limiting or determining the height
and bulk of buildings and structures, the areas of yards and other
open spaces, and the density of use. They have been made with reasonable
consideration, among other things, to the character of the district
and its peculiar suitability for particular uses and with a view to
conserving the value of buildings and encouraging the most appropriate
use of land throughout the City of Malden, Missouri.
B.
Enactment. There is hereby established a new comprehensive Zoning
Ordinance for the City of Malden, Missouri, as set forth in the text,
maps and descriptions which constitute this Chapter. Said Zoning Ordinance
is adopted by the authority of and for the purposes set forth in Section
89.340, Missouri State Statutes.
C.
Title. This Chapter shall be known as the "Malden Zoning Ordinance."
D.
Severability. The provisions of this Chapter are hereby declared
to be severable. If any Section, paragraph, sentence, or clause of
this Chapter shall be held invalid, the invalidity of such Section,
paragraph, sentence, or clause shall not affect the validity of the
remainder of said Chapter.
[Ord. No. 3121, 4-18-2016]
A.
For the purpose of single-family residential development in the City's
Residential Districts, development rights for the approved use of
land shall vest upon approval by the City Council pursuant to recording
of the final plat for such land. If construction has not begun within
one (1) year of recording the plat, the development rights shall expire
unless an extension is granted.
B.
For all non-single-family development, development rights for the
approved use of land shall vest upon approval of a Final Development
Plan. If all permits required for such development have not been issued
and the completion of substantial amounts of work under the validly
issued permits has not begun within one (1) year of approval of the
site plan, the development rights shall expire unless an extension
is granted.
C.
The Planning and Zoning Commission may for good cause as presented
by the applicant grant a single extension of vested rights. Vested
rights for single-family development shall not be extended for more
than one (1) year. For all non-single-family development, an extension
of not more than six (6) months may be granted. Applicants seeking
an extension shall submit a statement, in writing, justifying the
extension. In considering an extension, the Planning and Zoning Commission
shall consider the following factors, as well as other relevant considerations:
1.
Undue or unnecessary hardship placed upon the property owner;
2.
The extent to which the current regulations would hinder the
ability to complete development;
3.
Unanticipated conditions which have prevented completion of
the project; and
4.
Conformance with the general spirit and intent of the zoning
and subdivision regulations.
5.
Nothing in this Subsection shall be construed to confer any
development rights beyond those shown on approved plans submitted
to the City or otherwise authorized by applicable Zoning and Subdivision
Regulations.
[Ord. No. 3121, 4-18-2016]
For the purpose of this Chapter, certain words used herein are
defined. Words used in the present tense shall include the plural,
and the plural the singular; the word "shall" is mandatory and not
directory. The particular should control the general.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building. An "accessory use" includes, but is not limited to, the
following:
A children's playhouse, garden house, and private greenhouse.
A civil defense shelter, serving not more than two (2) families.
A garage, shed, or building for domestic storage.
Storage of merchandise normally carried in stock on the same
lot with any retail service or business use, unless such storage is
excluded by the district regulations.
A non-paying guest house or rooms for guests within an "accessory
building," provided such facilities are used for the occasional housing
of guests of occupants of the principal building and not for permanent
occupancy by others as housekeeping units.
Off-street motor vehicle parking areas and loading and unloading
facilities.
The use of land for agricultural purposes. This includes
necessary buildings and structures which should be used for agriculture,
including, but not limited to, farming, dairying, pasturage, agriculture,
horticulture, floriculture, viticulture, and animal and poultry husbandry,
and the necessary accessory uses for packing, treating or storing
the produce; provided, however, that the operation of any such accessary
uses should be secondary to that of the normal agriculture activities.
Buildings occupied as residences shall not be considered to be used
for agricultural purposes.
A room or suite of rooms in a multiple-family structure,
which is arranged, designed, used, or intended to be used as a single
housekeeping unit, and which contains complete kitchen, bath, and
toilet facilities, permanently installed.
A local body, appointed by the Mayor and approved by the
City Council, charged with hearing appeals and authorizing variance
to the requirements of this Chapter.
A building, other than a hotel, where, for compensation and
by prearrangement for definite periods, meals and/or lodging are provided
for a minimum of three (3) but not more than fifteen (15) persons,
but not for the public or transients. The classification shall include
a single-family dwelling or single-family residence where eight (8)
or fewer unrelated mentally or physically handicapped persons reside.
All uses shall comply with Section 89.020, RSMo.
A structure that is permanently affixed to the land, has
one (1) or more floors, one (1) or more exterior walls, and a roof,
and is designed or intended for use as a shelter, but a "building"
shall not include any vehicle, trailer (with or without wheels), nor
any movable device such as furniture, machinery or equipment. The
word "building" shall include the word "structure" and vice versa.
The vertical distance measured from the average elevation
of the proposed or existing finished grade at the front of the building
to the highest point of the roof for flat roofs, to the deck line
of mansard roofs, and to the mean height between eaves and ridge for
gable, hip, and gambrel roofs.
The line of that face of the building nearest the front,
side or rear line of the lot. This face includes carports and porches,
whether enclosed or unenclosed, but does not include steps.
That line parallel to and a specific setback distance from
a front lot line, beyond which a building cannot be constructed within
the required yard created.
The Code Enforcement Officer shall be the Building Inspector as set out in Section 400.270 of this Chapter.
The plan or any portion thereof, adopted by the Planning
and Zoning Commission pursuant to Chapter 89, RSMo., for the coordinated
development of the City.
A section of the municipality for which uniform regulations
governing the use, height, area, and intensity of use by buildings
and land, and open spaces about buildings are herein established.
An accessory use that, through design, physical facilities,
service or packaging procedures, encourages customers to receive services,
obtain goods, or be entertained by an approved principal use while
remaining in their motor vehicles. This definition shall include all
drive-through establishments, drive-in restaurants and drive-in cafes.
Any building or portion thereof used exclusively for human
habitation, except hotels, motels, dormitories, house trailers, or
boardinghouses. The term "single-family dwelling" as used in this
Chapter shall include any residential home, foster care home, or any
similar home or residence as required by State law. The following
terms associated with dwelling shall have the following meanings:
APARTMENTRoom or suite of rooms within a building arranged, intended or designed for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.
LOFTA dwelling located above the first floor of a non-residential use such as a store or office.
SINGLE-FAMILY ATTACHED DWELLING (DUPLEX)A dwelling situated on one lot occupied exclusively by two (2) families, respectively, in separate dwelling units living independently of each other.
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These drawings illustrate the differences between single-family
detached dwellings and townhouses.
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TOWNHOUSEA group of three (3) or more dwellings situated on one (1) lot occupied by families in separate dwelling units living independently of each other.
SINGLE-FAMILY ATTACHED DWELLING (VILLA)Single-family dwellings sharing a common wall but situated on separate lots each with a private exterior entrance and designed to be owned and occupied exclusively by separate families with no other dwelling unit located above or below another.
One (1) or more persons who are related by blood, marriage,
or adoption (including foster care), living together and occupying
a single housekeeping unit with single kitchen facilities, or a group
of not more than three (3) persons living together by joint agreement
occupying a single housekeeping unit with single kitchen facilities,
on a non-profit cost-sharing basis, subject to any exceptions as may
be required by law.
An office establishment or business that primarily performs
central banking functions and accepts deposits and lends funds from
these deposits. Such establishment may include these services to patrons
and customers through an accessory drive-through, when permitted.
Uses include banks; savings associations; savings and loan institutions;
investment banking; brokerage for securities or commodities; credit
reporting services; certified financial planning; accounting; auditing;
bookkeeping; credit service offices, including credit unions; holding
and investment services; savings and loans association offices; and
consumer and mercantile credit reporting services. Financial services
does not include pawn shops, businesses primarily engaged in check
cashing or issuing money orders or title loan establishments or other
businesses offering short-term consumer loans secured by personal
property, certificates of title to such property, estimated tax refunds
or other such collateral (all of which are prohibited money changing/money
brokering uses). (See also "payday loan establishment.")
A food truck is a mobile, fully self-contained unit with
valid State of Missouri registration that sells only food and/or beverages
(non-alcoholic) and that utilizes no outside cooking area. Mobile
food vendors which stop for less than or equal to thirty (30) minutes
at a single location shall not be considered food trucks.
An accessory use to a single-family residence where a business
activity is carried on by no more than two (2) members of a family
residing on the premises and providing that, except as otherwise provided
by law, there are no signs or any display that will indicate from
the exterior of the building that it is being utilized, in whole or
in part, for any purpose other than that of a dwelling; providing
also, that there is no stock in trade or commodity sold upon the premises,
no person is employed other than a member of the family residing on
the premises, and no mechanical equipment is used except such as is
customary for purely domestic or household purposes.
A boundary or property line of a lot.
The dimension of a lot, measured between side lot lines on
the building line.
A parcel of land unoccupied, occupied, or intended for occupancy
by a use permitted in this Chapter, including one (1) or more main
buildings together with its accessory buildings, open spaces, loading
space and parking spaces required by this Chapter, and abutting upon
a public right-of-way, upon a road, street, or private driveway.
A parcel of land, unoccupied or occupied, platted for the
purposes of construction of one (1) residence together with its accessory
buildings, open spaces, and parking spaces required by this Chapter
per platted lot. The parcel shall be bounded on the front by a public
street or road and on the rear by an alley and shall comply with other
requirements set forth herein.
Structure, transportable in one (1) or more sections, which,
in the traveling mode, is eight (8) body feet or more in width or
forty (40) body feet or more in length, or, when erected on site,
is three hundred twenty (320) or more square feet, and which is built
on a permanent chassis and designed to be used as a dwelling with
or without a permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air-conditioning, and electrical
systems contained therein. The term includes any structure that meets
all of the requirements of this definition except the size requirements
and with respect to which the manufacturer voluntarily files a certification
required by the United States Secretary of Housing and Urban Development
and complies with the standards established under Title 42 of the
United States Code.
A contiguous parcel of land which has been developed for
the placement of two (2) or more manufactured homes as defined herein
and is owned by an individual, a firm, trust, partnership, public
or private association or corporation in accordance with the requirements
of this Code.
A transportable, factory-built structure designed to be used
as a single dwelling unit that was manufactured prior to June 15,
1976, and that does not bear a seal as provided by the Federal Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401).
A transportable building unit designed to be used by itself
or to be incorporated with similar units at a point-of-use into a
modular structure to be used for residential, commercial, educational
or industrial purposes. This definition shall not apply to structures
under six hundred fifty (650) square feet used temporarily and exclusively
for construction site office purposes.
A land use or structure which existed lawfully on the date
this Chapter or any amendment thereto became effective but, because
of such adoption or amendment of this Chapter, fails to conform to
one (1) or more of the applicable regulations of this Chapter as amended.
A lot of record that existed lawfully whether by variance
or otherwise, on the effective date of the adoption of this Chapter
or any amendment thereto but, because of such adoption or amendment
of this Chapter, fails to conform to the applicable area, width, depth
or other regulations related to lot dimension of this Chapter as amended.
An unreasonable interference with the enjoyment or use of
property.
A building intended for use as a medical care facility for
persons who need nursing care and medical service but do not require
intensive hospital care. Includes assisted living and convalescent
care facilities.
An establishment or individual or business entity which lends
money on the deposit or pledge of physically delivered personal property,
other than property the ownership of which is subject to a legal dispute,
securities, printed evidence of indebtedness or printed evidence of
ownership of the personal property, or who deals in the purchase of
such property on the condition of selling the property back again
at a stipulated price. The business of a pawnbroker does not include
the lending of money on deposit or pledge of title to property.
An establishment that engages in transactions in which a
short-term cash advance is made to a consumer in exchange for a customer's
post-dated check in the amount of the advance plus a fee, or in exchange
for a consumer's authorization to debit a transaction account in the
amount of the advance plus a fee at a designated future date. Uses
include check cashing stores. The classification does not include
a State or Federally chartered bank, savings association, credit union,
or industrial land company. Further, this classification does not
include establishments selling consumer goods where the cashing of
checks or money orders is incidental to the main purpose of the business.
The triangular area of a corner lot bound by the property
lines and a line connecting the two (2) points on the property lines
thirty (30) feet from the intersection of the property lines in which
nothing shall be erected, placed, planted, or allowed to grow in such
a manner as to materially impede vision, also known as "clear vision
areas."
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Sight Distance Triangle
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A name, identification, description, display, or illustration
which is affixed to, or points out, a building, structure, or tract
of land, and which directs attention to an object, product, place,
person, service, activity, institution, organization or business.
A dwelling situated on one (1) lot designed to be occupied
exclusively by one (1) family.
That portion of a building included between the surface of
any floor and the surface of the floor above it, or if there be no
floor above it, then the space between any floor and the ceiling next
above it.
A public or private way which affords principal means of
access to abutting properties.
Anything constructed or erected and used or intended for
supporting or sheltering any use or occupancy.
Any person, entity or business that lends money to a borrower
and in exchange retains physical possession of the state-issued certificate
of title to the personal property of the borrower.
The specific purpose of which land or a building is designed,
arranged, intended, or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any non-conforming use.
A modification or variation of the provisions of this Chapter
as applied to a specific piece of property and approved by the Board
of Adjustment.
A space on the same lot with a principal building, open,
unoccupied, and unobstructed by structures, except as otherwise provided.
A yard extending across the full width of the lot, unoccupied
other than by steps, walks, terraces, driveways, lamp posts, and similar
structures, the depth of which is the least distance between the front
lot line and the building line.
A yard extending across the full width of the lot between
the rear of the principal building and the rear lot line unoccupied
other than by accessory building which does not occupy more than thirty
percent (30%) of the required space, and steps, walks, terraces, driveways,
lamp posts and similar structures, the depth of which is the least
distance between the rear lot line and the rear of such principal
building.
A yard between the principal building and the side lot line,
extending from the front yard or from the front lot line where no
front yard is required, to the rear yard. The width of the required
side yard is measured horizontally, at ninety degrees (90°) with
the side lot line, from the nearest part of the principal building.
