[R.O. 2009 §§ 17.02.010—17.02.720; Prior
Codes §§ 10-102(1—6) (8—9) (11—14)
(18—19) (21—26) (28) (30—31) (33—41) (44—45)
(47—55) (57—58), 10-120; Ord. No. 4888 § 2, 2-3-1992; Ord. No. 5883 §§II—III, 7-2-2012; Ord. No. 5961 §§I—II, 8-25-2014; Ord.
No. 6158, 7-29-2019; Ord. No. 6220, 4-26-2021]
Generally for the purpose of this regulation, certain terms
and words are to be used and interpreted as defined herein. Words
used in the present tense shall include the future tense; words in
the singular number include the plural and words in the plural number
include the singular except where the natural construction of the
writing indicates otherwise. The word "shall" is mandatory and not
directory.
A subordinate building or use customarily incidental to the
main building or use of the lot. The accessory building or use shall
not house a separate business nor involve the conduct of a separate
business. Such accessory building shall not be constructed in the
required front or side yard of the principal structure. These same
restrictions shall apply to communication satellite dishes.
The use of land for agricultural purposes, including farming,
dairying, pasturage, agriculture, horticulture, floriculture, viticulture,
animal and poultry husbandry and the necessary accessory uses for
packing, treating or storing of the produce; provided, however, that
the operation of any such accessory uses shall be secondary to that
of the normal agricultural activities. The operation of commercial
feed pens, sales yards, auction yards and agricultural marketing and
processing establishments shall be deemed an industrial and not an
agricultural use.
Beverages controlled by the Bureau of Alcohol, Tobacco and
Firearms.
A minor right-of-way, dedicated to public use, which affords
a secondary means of vehicular access to the back or side of properties
otherwise abutting a street and which may be used for public utility
purposes. Usually less than twenty (20) feet in width.
See "FAMILY UNIT."
A building containing both family units and non-family units
in which services customarily furnished in hotels are available to
the tenants.
See "DWELLING, MULTIPLE."
General repair, rebuilding or reconditioning of engines,
collision services including, body, frame or fender repair, vehicle
painting or steam cleaning.
Incidental replacement of parts and motor service to passenger
cars and trucks not exceeding one and one-half (1 1/2) ton capacity.
An area where motor vehicles are disassembled, dismantled,
junked or wrecked or where motor vehicles not in operable condition
or used parts of motor vehicles are stored.
A story having part but not more than half (1/2) of its height
below grade. A basement is counted as a story when the distance from
finished grade to the finished surface of the floor above the basement
is more than six (6) feet for more than fifty percent (50%) of the
total perimeter or more than twelve (12) feet at any point.
A dwelling, other than a hotel, where, for compensation and
prearrangement for definite periods, meals or lodging and meals are
provided for three (3) or more, but not exceeding twelve (12) persons
on a weekly or monthly basis.
The width or depth respectively of that part of the lot not
included within the open spaces required in this Title.
Any structure having a roof supported by columns, piers or
walls, designed and intended for the support, enclosure, shelter or
protection of persons, animals or chattels. When a structure is divided
into separate parts by unpierced walls extending from the ground up,
each part is deemed a separate building.
A line established by law or on a plat between which line
and the street right-of-way, no portion of the building may be erected;
nor shall a building extend past, subject, however, to the further
requirements of the zoning ordinance of the City of Sikeston, Missouri.
A child day care center or center, whether known or incorporated
under another title or name, is a child care program conducted in
a location other than the provider's permanent residence, or separate
from the provider's living quarters, and licensed by the Department
of Health and Senior Services of the State of Missouri where care
is provided for children not related to the child care provider for
any part of the twenty-four-hour day.
At a minimum, a church includes a body of believers or communicants
that assembles regularly in order to worship. Unless the organization
is reasonably available to the public in its conduct of worship, its
educational instruction, and its promulgation of doctrine, it cannot
fulfill the associational role that Courts have increasingly adopted
as a threshold for determining when an organization qualifies as a
church. Other key factors to consider include whether the organization
has a distinct legal existence, recognized creed and form of worship,
definite and distinct ecclesiastical government, a formal code of
doctrine and discipline, distinct religious history, membership not
associated with any other church or denomination, organization of
ordained ministers, ordained ministers selected after completing prescribed
studies, literature of its own, established places of worship, regular
congregations, and regular religious services. No single factor is
controlling but having regular meetings with a regular congregation
should be weighted more heavily than some of the other factors. The
City may use a combination of these characteristics, together with
other facts and circumstances, to determine whether an organization
is considered a church for the purposes of this Chapter.
An unoccupied space, open and uncovered at the top, wholly
or partially enclosed by the walls of a building or group of buildings.
It may begin at the grade level or at the level of any floor of an
adjacent building which it serves.
A court entirely within a building or surrounded by walls
or by walls and an interior lot line. It shall be not less than two
and one-half (2 1/2) inches in width or length for each foot
of its height and in no case shall its least dimension be less than
five (5) feet.
A court with at least one (1) side open to a street, alley
or yard. It shall be not less than two (2) inches in width or length
for each foot of its height and in no case shall its least dimension
be less than five (5) feet.
The mean level of the curb in front of the lot or in the
case of a corner lot, along that abutting street where the mean curb
level is the highest.
Care of a child away from his/her own home for any part of
the twenty-four-hour day, for compensation or otherwise. Day care
is a voluntary supplement to parent responsibility for the child's
protection, development and supervision. Day care may be given in
a day care home or day care center.
See definition for "CHILD DAY CARE CENTER."
A family home, occupied as a permanent residence by the day
care provider, in which family-like care is given to no more than
ten (10) children, not related to the day care provider, for any part
of the twenty-four-hour day. Must be licensed by and operated according
to the rules established by the Missouri Department of Health &
Senior Services. Valid home occupation upon review.
A section or sections of the City for which the regulations
governing the use of buildings and premises, the height of buildings
and required open spaces are uniform.
Any building or portion thereof which is designed or used
exclusively for residential purposes.
A dwelling having any portion of a wall or walls in common
with an adjoining dwelling or dwellings.
A dwelling designed for or occupied by more than two (2)
families.
Three (3) or more dwelling units attached at the side or
sides, each unit of which has a separate outdoor entrance and is designed
to be occupied by one (1) family.
A detached or attached dwelling designed to be occupied by
one (1) family.
A dwelling designed to be occupied by not more than two (2)
families living independently of each other.
One (1) or more individuals related by blood, marriage or
adoption or not more than three (3) individuals who are not so related,
living together as a single housekeeping unit in a dwelling and maintaining
or using the same and certain other housekeeping facilities in common,
as distinguished from a group occupying a boarding house, lodging
house or hotel as defined in this Chapter.
A suite of one (1) or more rooms having separate cooking
facilities, used as the domicile or home of one (1) family or household.
All the property on one (1) side of a street or place between
two (2) intersecting streets or places (crossing or terminating) or
if the street or place is a dead end, then all of the property abutting
on one (1) side between an intersecting street or place and the dead
end.
Any building or premises, other than a public, private or
storage garage, providing storage for power-driven vehicles, having
no service facilities other than for washing; such garage to be in
lieu of private garages for occupants of abutting properties.
An accessory building used exclusively for housing power-driven
vehicles which are the property of and are used by the occupants of
the lot on which the same is located.
Any building or premises used for the storage or care of
power-driven vehicles where any such vehicles are equipped for operation,
repaired or kept for remuneration, hire or sale.
Any building or premises, except those defined as a community,
private or public garage, providing storage of power-driven vehicles
and having no service facilities other than for washing.
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.
The vertical distance measured from the highest of:
The curb level;
Mean street grade in case curb has not been constructed; and
The average level of the finished surface of the ground within
ten (10) feet of the building where the building sets back ten (10)
feet or more from the street line to the level of the highest point
of the roof beams of flat roofs or roofs not inclining more than one
(1) inch to the foot and the mean height level between eaves and ridges
for other roofs.
The vertical distance from the lowest level of such yard
or court to the highest point of any boundary wall.
Any occupation carried on solely by the inhabitants of a
dwelling which is clearly incidental and secondary to the use of the
dwelling for dwelling purposes, which does not change the character
thereof and which is conducted entirely within the main or accessory
buildings; providing that no trading in merchandise is carried on
and there is no display of merchandise or advertising sign other than
one (1) non-illuminated nameplate not more than two (2) square feet
in area attached to the main or accessory building, no mechanical
equipment is used such as is customary for purely domestic or household
purposes.
A building occupied or used as a more or less temporary abiding
place of individuals or groups of individuals who are lodged with
or without meals and in which there are more than twelve (12) sleeping
rooms and no provisions for cooking in individual rooms.
Those uses organized, established, used or intended to be
used for the promotion of a public, religious, educational, charitable,
cultural, social or philanthropic activity and normally operated on
a non-profit basis.
Any lot or premises on which are kept four (4) or more dogs
more than six (6) months of age.
A residential building where lodging only is provided for
compensation to four (4) or more, but not exceeding twenty (20) persons
and which does not contain more than twelve (12) sleeping rooms for
the accommodation of paying guests.
A parcel of land occupied or intended for occupancy by a
use permitted in the zoning ordinance, including one (1) main building
together with its accessory buildings, the open space and parking
spaces required by the zoning ordinance and having its principal frontage
upon a street or upon an officially approved place. Each lot shall
have a separate parcel number assigned according to the requirements
of the City of Sikeston.
The mean horizontal distance between the front and rear lot
lines.
A lot shall be deemed to front on that street on which it
has its least dimension, unless otherwise specified by the City Engineer.
A line dividing one (1) lot from another or from a street
or any public place, the legal boundary line of a parcel of land.
No person shall build across a lot line without first subdividing
the property according to the requirements of the City of Sikeston.
The mean horizontal distance between the side lot lines measured
at right angles to the depth.
A lot abutting upon two (2) or more streets at their intersection.
A lot having frontage on two (2) non-intersecting streets
as distinguished from a corner lot.
A lot with frontage on only one (1) street.
A transportable structure intended for permanent occupancy
as a residential unit, fabricated in a factory in compliance with
Federal Manufactured Home Construction and Safety Standards, adopted
June 15, 1976, as amended. It must carry the HUD seal of approval
and comply with minimum standards for tie-down systems published by
the Missouri Public Service Commission, and being fifteen (15) years
old or newer at time of permit application for placement or relocation
of the manufactured home on an appropriately zoned lot, except as
further provided for in this Chapter.
Cannabis Indica, Cannabis Sativa, and Cannabis Ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
seed thereof and resin extracted from the plan and marijuana-infused
products. Marijuana does not include industrial hemp containing a
crop-wide average tetrahydrocannabinol concentration that does not
exceed three-tenths (3/10) of one percent (1%) on a dry weight basis,
or commodities or products manufactured from industrial hemp.
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport, and sell marijuana, marijuana
seeds, and marijuana vegetative cuttings to a medical, non-medical,
or comprehensive marijuana facility as defined by State law, including
a marijuana dispensary facility, marijuana testing facility, or marijuana-infused
products manufacturing facility.
[Ord. No. 6295, 1-30-2023]
A facility licensed by the State of Missouri to acquire,
process, package, store, sell, transport, and deliver marijuana, marijuana
seeds, marijuana vegetative cuttings, marijuana-infused products and
drug paraphernalia used to administer marijuana as provided for in
this Section to a qualifying patient, a primary caregiver, a consumer,
or another marijuana dispensary facility, a marijuana testing facility,
or a marijuana-infused products manufacturing facility.
[Ord. No. 6295, 1-30-2023]
Products that are infused, dipped, coated, sprayed, or mixed
with marijuana or an extract thereof, including, but not limited to,
products that are able to be vaporized or smoked, edible products,
ingestible products, topical products, suppositories, and infused
pre-rolls, for legal medical or non-medical use.
[Ord. No. 6295, 1-30-2023]
A facility licensed by the State of Missouri, to acquire,
store, manufacture, transport, and sell marijuana-infused products
to a medical, non-medical, or comprehensive marijuana facility as
defined by State law, including a marijuana dispensary facility, a
marijuana testing facility, or to another marijuana-infused products
manufacturing facility.
[Ord. No. 6295, 1-30-2023]
A facility certified by the State of Missouri, to acquire,
test, certify, and transport marijuana.
[Ord. No. 6295, 1-30-2023]
A facility licensed by the State of Missouri to acquire,
process, package, store on site or off site, sell, transport to or
from, and deliver marijuana, marijuana seeds, marijuana vegetative
cuttings, marijuana-infused products and drug paraphernalia used to
administer marijuana, to a consumer, qualifying patient, or primary
caregiver, as those terms are defined by the State, anywhere on the
licensed property or to any address as directed by he consumer, qualifying
patient, or primary caregiver and, as otherwise allowed by law, a
microbusiness wholesale facility, or a marijuana testing facility.
Microbusiness dispensary facilities may receive transaction orders
at the dispensary directly from the consumer in person, by phone,
or via the internet, including from a third party. A microbusiness
dispensary facility's authority to process marijuana shall include
the creation of pre-rolls.
[Ord. No. 6295, 1-30-2023]
A facility licensed by the Department to acquire, cultivate,
process, package, store on site or off site, manufacture, transport
to or from, deliver, and sell marijuana, marijuana seeds, marijuana
vegetative cuttings, and marijuana-infused products to a microbusiness
dispensary facility, other microbusiness wholesale facility, or marijuana
testing facility. A microbusiness wholesale facility may cultivate
up to two hundred fifty (250) flowering marijuana plants at any given
time. A microbusiness wholesale facility's authority to process marijuana
shall include the creation of pre-rolls and infused pre-rolls.
[Ord. No. 6295, 1-30-2023]
One (1) that does not, by reason of design or use conform
to the regulations of the district in which it is situated.
An area including one (1) or more parking spaces, but not
including any part of a public right-of-way.
A roofed space attached to a building on one (1) side and
open on the three (3) remaining sides.
A parcel of land or floor space containing a minimum area
of one hundred sixty (160) square feet and having additional area
adequate for ingress, egress and maneuvering of vehicles.
An official document issued by the City of Sikeston which
authorizes permission for the construction, alteration, or demolition
of any structure. The building permit application and review process
ensures that the plans for construction comply with the City of Sikeston's
land use and construction standards. A permit is required if a person,
firm, corporation is erecting, constructing, enlarging, altering,
repairing, improving, removing, converting, moving, demolishing any
building or structure. Each new residential or commercial structure
shall be required to have its own lot and its own parcel number.
Recording of a subdivision plat shall not be required in
case of the sale or exchange of parcels or land between owners of
adjoining properties for the purpose of adjustments in boundaries,
provided that additional lots shall not thereby be created, that the
exchange does not create additional building sites, that the original
lots shall not be reduced below the minimum sizes required by this
Chapter or the zoning ordinance, that the administrative officer shall
have approved such adjustments of boundaries, and that a survey of
the adjustments of boundaries is recorded with the Recorder of Deeds
of Scott County, Missouri, and New Madrid County, Missouri.
A Missouri resident diagnosed with at least one (1) qualifying
medical condition.
All vehicles and portable structures built on a chassis,
designed as a temporary or permanent dwelling for travel, recreation
and vacation use, including tent trailers, travel trailers and motor-driven
vehicles.
Any plot of ground on which two (2) or more recreational
vehicles, occupied for dwelling or sleeping purposes, are located,
regardless of whether or not a charge is made for such accommodations.
A change in a map of an approved or recorded subdivision
plat if such change affects any street layout on such map or area
reserved thereon for public use, or any lot line; or if it affects
any map or plan legally recorded prior to the adoption of any regulations
controlling subdivisions.
Any building which is regularly used as a public, private
or parochial elementary and/or secondary school or high school.
A stable with a capacity for not more than two (2) horses
or animals.
A stable with a capacity for more than two (2) horses or
animals.
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.
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; a half-story containing an independent family unit
shall be counted as a full story for the purpose of height regulations.
A public thoroughfare fifty (50) feet or more in width which
affords principal means of access to abutting property.
The dividing line between the street and the abutting property.
Any change in the supporting members of a building, such
as bearing walls and partitions, columns, beams or girders or any
substantial change to the roof.
Anything constructed or erected, the use of which requires
more or less permanent location on the ground or which is attached
to something having a permanent location on the ground.
An area or parcel of land which the developers intend to
subdivide or improve, or to cause to be subdivided or improved, pursuant
to the requirements of this Chapter.
An open space, other than a court, on the same lot with a
building, unoccupied and obstructed by any portion of a building from
the ground upward, except as otherwise provided for in this Chapter.
In measuring a yard for the purpose of determining its width or depth,
the mean horizontal distance between the respective lot line and building
shall be used.
A yard extending across the front of a lot between the side
lot lines and being the mean horizontal distance between the street
line and the building or any projection thereof, other than steps,
unenclosed balconies and unenclosed porches.
A yard extending across the rear of a lot measured between
lot lines and being the mean horizontal distance between the rear
lot line and the rear of the building or any projection other than
steps, unenclosed balconies or unenclosed porches. On corner lots,
the rear yard shall be considered as parallel to the street upon which
the lot has its least dimension. On both corner lots and interior
lots, the rear yard shall in all cases be at the opposite end of the
lot from the front yard.
A yard between the building and the side line of the lot
and extending from the front line on the building of the rear yard.
