[Ord. No. 28 Art.
I, 8-18-1980]
An ordinance of the City of Scott City, Scott County, Missouri,
regulating and restricting the height, number of stories, and size
of buildings and other structures, the percentage of lot that may
be occupied, the size of yards, courts and other open spaces, the
density of population, the preservation of features of historical
significance and the location and use of buildings, structures and
land for trade, industry, residence or other purposes; creating districts
for said purposes and establishing the boundaries thereof; adopting
maps of said City showing boundaries and the classification of said
districts; defining certain terms used herein; providing for the method
of administration and amendment; providing for the imposition of penalties
for the violation of the provisions of this Chapter; and providing
for the effective date hereof.
[Ord. No. 28 Art.
II, 8-18-1980]
This Chapter shall be know and may be cited and referred to
as the Scott City Zoning Ordinance.
[Ord. No. 28 Art.
IV §§1-2, 8-18-1980; Ord. No. 382 §1, 9-21-1992; Ord.
No. 401 §1, 5-3-1993; Ord. No. 480 §1, 7-3-1995; Ord.
No. 718 §6, 3-17-2003]
Unless the context otherwise requires, the following definitions
shall be used in the interpretation and construction of this Chapter.
Words used in the present tense shall include the future; the singular
number shall include the plural; and the plural the singular; the
word "building" shall include the word "structure"; the word "used"
shall include "arranged, designed, constructed, altered, converted,
rented, leased or intended to be used"; and the word "shall" is mandatory
and not directory.
A subordinate building or a portion of the main building,
the use of which is incidental to that of the dominant use of the
main building or land. An accessory use is one which is incidental
to the main use of the premises.
See "FARM".
A public or private way not more than thirty (30) feet wide
affording only secondary means of access to abutting property.
A room or suite of rooms used as the dwelling of a family,
including bath and culinary accommodations, located in a building
in which there are three (3) or more such rooms or suites. (See also "DWELLING, MULTIPLE")
See "DWELLING, MULTIPLE".
A story whose floor line is below grade at any entrance or
exit and whose ceiling is not more than five (5) feet above grade
at any such entrance or exit.
A building in which all four (4) exterior walls are at least
one-half (½) of their height below grade.
A bed and breakfast establishment is a dwelling unit having
not more than four (4) guest rooms where travelers for compensation
are lodged for sleeping purposes with a morning meal provided.
An outdoor panel, structure, illustration or device designed
to carry or display a sign or advertisement for the purpose of making
anything known. Billboards and signs shall include walls, fences or
other structures on which advertising signs may be painted or attached.
Billboards shall be deemed to be any sign or structure used or designed
for the outdoor display of commercial or non-commercial messages,
the sign face (display area, border and trim) of which exceeds one
hundred (100) square feet in area. The term "sign face" shall exclude the sign base, supports or other structural members.
A dwelling or part thereof occupied by a single housekeeping
unit where meals and lodging are provided for three (3) or more persons
for compensation by previous arrangement, but not transients.
Any structure designed or built for the support, enclosure,
shelter or protection of persons, animals, chattels or property of
any kind.
The vertical distance from the average contact ground level
at the front wall of the building to the highest point of the coping
of a flat roof or to the deck line of a mansard roof, or to the mean
height level between eaves and ridge for gable, hip or gambrel roofs.
The line beyond which no building or part thereof shall project,
except as otherwise provided by this Chapter.
A story having more than one-half (½) of its height
below grade. A cellar is not included in computing the number of stories
for the purpose of height measurement.
Any place, home or institution which receives five (5) or
more children under the age of seventeen (17) 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 or marriage within the third degree of the custodial
person; or to churches or other religious or public institutions while
their parents or legal guardians are attending services, meetings
or classes or are engaged in church activities.
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 of 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.
That Planning Commission of the City of Scott City, Scott
County, Missouri.
A use authorized by the Zoning Code at the location where the use is intended, only upon recommendation by the Planning and Zoning Commission, subject to approval by the City Council. If recommended, the Planning and Zoning Commission may place conditions upon the use to ensure the use is not detrimental to the City or its residents taking into consideration the factors set forth in Section 400.400.
[Ord. No. 1100, 10-9-2017]
The Council of the City of Scott City, Scott County, Missouri.
A Missouri Department of Health and Senior Services licensed,
regulated, or childcare subsidized facility where care is provided
for children by a child care provider for any part of the twenty-four
(24) hour day.
[Ord. No. 1157, 8-5-2019]
A section or sections of the City of Scott City for which
the zoning regulations governing the use of buildings and premises,
the height of buildings, the size of yards, and the intensity of use
are uniform.
Any building or portion thereof designed or used exclusively
as the residence or sleeping place of one (1) or more persons, but
not including a tent, cabin, trailer or trailer coach, boarding or
rooming house, hotel or motel.
A building or portion thereof designed for or used by three
(3) or more families or housekeeping units.
A building designed for or used exclusively for residential
purposes by one (1) family or household unit, or by group homes or
foster homes, as they are defined by Section 89.020, RSMo.
A building designed for or used exclusively by two (2) families
or housekeeping units.
One (1) room, or suite of two (2) or more rooms, designed
for or used by one (1) family for living and sleeping purposes and
having only one (1) kitchen or kitchenette.
A dwelling in which one (1) or more sides are at least one-half
(½) of their height below grade and one (1) or more sides above
grade.
A group of one (1) or more persons occupying a premises and
living as a single housekeeping unit, whether or not related to each
other by birth or marriage,as distinguished from a group occupying
a boarding house, lodging house or hotel as herein defined.
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, and provided further, that farming does
not include the feeding of collected garbage or offal to swine or
other animals.
Any building or premises used for the sale, at retail, of
motor vehicle fuels, oils or accessories, or for servicing or lubricating
motor vehicles or installing or 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 or basements;
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 of
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 body 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.
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.
An occupation or profession carried on by a member of the
immediate family, residing on the premises, in connection with which
there is used no sign other than a name plate, or no display that
will indicate from the exterior that the building is being utilized
in whole or in part for any purpose other than that of a dwelling;
there is no commodity sold upon the premises; no person is employed
other than a member of the immediate family residing on the premises;
and no mechanical equipment is used except such as permissible for
purely domestic household purposes.
A building in which lodging is provided and offered to the
public for compensation, and which is open to transient guests, in
contradistinction to a boarding house or lodging house as defined
herein.
See "MANUFACTURED HOME/MOBILE HOME".
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 use permitted may be regulated
by protective minimum restrictions (covenants) including the size
of the site, parking and loading regulations, and building setback
lines from front, side and rear yards that may be more restrictive
than this Chapter.
A building occupied by a non-profit corporation or a non-profit
establishment for public use.
A business that provides home-type washing, drying, or ironing
machines for hire to be used by customers on the premises.
A building or place where lodging and boarding is provided
(or which is equipped regularly to provide lodging and boarding by
prearrangement for definite periods), for compensation, for three
(3) or more, but not exceeding twelve (12) individuals, not open to
transient guests, in contradistinction to hotels open to transients.
A parcel of land occupied or intended for occupancy by a
use permitted in this Chapter, including one (1) main building together
with its accessory buildings, open spaces and parking spaces required
by this Chapter, and having its principal frontage upon a street.
A lot abutting upon two (2) or more streets at their intersection.
The mean horizontal distance between the front and rear lot
lines.
A lot having a frontage on two (2) nonintersecting streets,
as distinguished from a corner lot.
A lot or parcel of land, the deed of which has been recorded
in the office of the County Recorder of Scott County, Missouri, prior
to August 18, 1980.
A factory-built structure or structures which, in traveling
mode, are eight (8) body feet or more in width or forty (40) body
feet or more in length, or when erected on site contains three hundred
twenty (320) or more square feet 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 for commercial,
educational or industrial purposes with or without a permanent foundation.
The phrase "without a permanent foundation" indicates
that the support system is constructed with the intent that the manufactured
home placed thereon may be moved from time to time at the convenience
of the owner.
Manufactured business units/mobile business units are those
factory-built structures manufactured under the authority of the Federal
Manufactured Home Construction and Safety Standards Act, effective
June 15, 1976, and must carry a seal of approval of the U.S. Department
of Housing and Urban Development (HUD) as required by the Missouri
Public Service Commission.
The term "manufactured business unit" shall
also include units defined as above if such units are in two (2) or
more separately towable components designed to be joined into one
(1) integral unit capable of being again separated into the components
capable of repeated towing and includes two (2) or more manufactured
home units joined into a single residential unit which are kept on
separate chassis for repeated towing.
A factory-built structure or structures which, in traveling
mode, is fourteen (14) body feet or more in width or sixty (60) body
feet or more in length, or when erected on site, contains eight hundred
forty (840) or more square feet, equipped with the necessary service
connections and made so as to be readily movable as a unit or units
on its or their gear and designed to be used as a dwelling unit or
units with or without a permanent foundation. The phrase "without
a permanent foundation" indicates that the support system
is constructed with the intent that the manufactured home placed thereon
may be moved from time to time at the convenience of the owner.
Manufactured homes/mobile homes are those factory-built structures
manufactured under the authority of the Federal Manufactured Home
Construction and Safety Standards Act, effective June 15, 1976, and
must carry a seal of approval of the U.S. Department of Housing and
Urban Development (HUD) as required by the Missouri Public Service
Commission.
The term "manufactured home" shall also include
units defined as above if such units are in two (2) or more separately
towable components designed to be joined into one (1) integral unit
capable of being again separated into the components capable of repeated
towing and includes two (2) or more manufactured home units joined
into a single residential unit which are kept on separate chassis
for repeated towing.
The designated area of a parcel of land for the placement
of a single mobile home and the exclusive use of its occupants.
A parcel of land one (1) acre or more which has been developed
for the placement of more than one (1) mobile home.
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 the
blending of materials.
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 of one percent (3/10 of 1%) on a dry weight basis,
or commodities or products manufactured from industrial hemp.
[Ord. No. 1157, 8-5-2019]
Products that are infused with marijuana or an extract thereof
and are intended for use or consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures and concentrates.
[Ord. No. 1157, 8-5-2019]
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport, and sell marijuana to a Medical
Dispensary Facility, Medical Marijuana Testing Facility, or to a Medical
Marijuana-Infused Products Manufacturing Facility.
[Ord. No. 1157, 8-5-2019]
A facility licensed by the State of Missouri to acquire,
store, sell, transport, and deliver marijuana, marijuana-infused products
and drug paraphernalia used to administer marijuana as provided for
in this Chapter to a qualifying patient, a primary caregiver, another
Medical Marijuana Dispensary Facility, a Medical Marijuana Testing
Facility, or a Medical Marijuana-Infused Projects Manufacturing Facility.
[Ord. No. 1157, 8-5-2019]
A facility licensed by the State of Missouri, to acquire,
store, manufacture, transport, and sell marijuana-infused products
to a Medical Marijuana Dispensary Facility, a Medical Marijuana Test
Facility, or to another Medical Marijuana-Infused Projects Manufacturing
Facility.
[Ord. No. 1157, 8-5-2019]
A facility certified by the State of Missouri, to acquire,
test, certify, and transport marijuana.
[Ord. No. 1157, 8-5-2019]
A transportable building 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 eight hundred
forty (840) square feet used temporarily and exclusively for construction
site office purposes.
These units shall be exempt from local building codes only if
the unit bears a seal from the Missouri Public Service Commission
certifying that it meets construction standards set out by the Building
Officials and Code Administrators International, Inc. (BOCA), the
International Conference of Building Officials (ICBO) or other national
building code recognized by the Missouri Public Service Commission.
If this seal is not present, the unit must comply with the local building
codes.
Any building or group of buildings containing guest rooms
or dwelling units, all of which have a separate entrance with garage
or one and one-half (1½) parking spaces (per room) conveniently
located on the lot and designed, used or intended wholly or in part
for the accommodation of transients in vehicle.
Any building or land lawfully occupied by a use at the time
of passage of Ordinance 28 or amendment thereto which does not conform
after the passage of Ordinance 28 or amendment thereto with the use
regulation of the district in which it is situated.
A school operated by a person or organization which is conducted
primarily for the education of preschool-age children. May be referred
to as a day care, child care or infant care facility.
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, whether for compensation or not; but
not including hospitals, clinics or similar institutions devoted primarily
to the diagnosis, treatment or care of the sick or injured. The definition
of "nursing home" shall include any adult boarding
facility, intermediate care facility, residential care facility or
skilled nursing facility as defined in Chapter 198, RSMo.
A place where business or service for others is transacted
and not a place where tangible property or goods, wares or merchandise
are commonly created, exchanged or sold.
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, paved 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 in size 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.
A use permitted as a matter of right at the location where
the use is intended. A permitted use does not require approval of
the Planning and Zoning Commission or the Council.
[Ord. No. 1100, 10-9-2017]
A lot, together with all building and structures thereon.
A vehicular, portable structure built on a chassis, self-propelled
or designed to be pulled by another vehicle, or designed to be carried
by any type of vehicle (whether located on or off such vehicle) traditionally
used as a temporary dwelling for travel, recreation or vacation purposes.
A dwelling occupied by a resident family or resident occupant
and space made available for three (3) or more rent-paying persons.
An area designed to provide spaces where one (1) or more
recreational vehicles can be temporarily parked for travel, recreation
or vacation purposes.
A building or structure used for renting or leasing individual
storage spaces in which the occupants themselves customarily store
and remove their own personal property on a self-service basis.
A group of architecturally unified commercial establishments
in one (1) or more buildings, 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; and a mall includes a roofed-over common
pedestrian way.
A use which is less restricted than the zone in which it is located, such as residential apartments in a commercial district. A special use requires a recommendation of the Planning and Zoning Commission and is subject to approval by the Council. If recommended, the Planning and Zoning Commission may recommend conditions upon the use to ensure the use is not detrimental to the City or its residents, taking into consideration the factors set forth in Section 400.400.
[Ord. No. 1100, 10-9-2017]
That portion of a building, included between the surface
of any floor and the surface of the floor next above it, or, if there
be no floor above it, then the space between the floor and the ceiling
next above it.
A partial story under a gable, hip or gambrel roof, the wall
plates of which on at least two (2) opposite exterior walls are not
more than four (4) feet above the floor of such story; provided however,
that any partial story used for residence purposes shall be deemed
a full story.
The lowest story or the ground story of any building the
floor of which is not more than twelve (12) inches below the average
contact ground level at the exterior walls of the building; except
that any basement or cellar used for residence purposes shall be deemed
the first story.
A public right-of-way fifty (50) feet or more in width which
provides a public means of access to abutting property, or any such
right-of-way more than thirty (30) feet and less than fifty (50) feet
in width provided it existed prior to August 18, 1980. The term street
shall include avenue, drive, circle, court, road, parkway, boulevard,
highway, way, trafficway, thoroughfare, or any similar term.
Anything constructed, the use of which requires permanent
location on the ground, or attachment to something having a permanent
location on the ground.
Any change in the structural members of a building, such
as walls, columns, beams or girders.
Any vehicle or structure constructed in such a manner as
to permit occupancy thereof as short term sleeping quarters or the
conduct of any business, trade or occupation or use as selling, or
advertising device, or use for storage or conveyance for tools, equipment,
or machinery, and so designed that it is or may be mounted on wheels
and used as a conveyance on highways and streets, propelled or drawn
by its own or other motor power.
The purpose for which land or a building or structure is
arranged, designed or intended, or for which either land or a building
or structure is, or may be, occupied or maintained.
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided herein. In measuring
a yard for the purpose of determining the width of a side yard, the
depth of a front yard or the depth of the rear yard, the minimum horizontal
distance between the lot line and the main building shall be used.
A yard extending across the front of a lot and being the
minimum horizontal distance between the street or place line and the
main building or any projections thereof other than the projections
of the usual uncovered steps, uncovered balconies, or uncovered porch.
On corner lots, the front yard shall be considered as a 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 rear yard shall be in the rear of the front yard.
A yard between the main building and the side line of the
lot, and extending from the required front yard to the required rear
yard, and being the minimum horizontal distance between a side lot
line and the side of the main building or any projections thereof.
The Building Inspector of the City of Scott City, or his
authorized representative.
The Zoning Map of the City of Scott City, together with all
amendments subsequently adopted.
A document issued by the Zoning or Building Inspector authorizing
buildings, structures or uses consistent with the terms of this Chapter
and for the purpose of carrying out and enforcing its provisions.
This is the zoning clearance permit.
[Ord. No. 28 Art.
V §51, 8-18-1980; Ord. No. 718 §11, 3-17-2003; Ord.
No. 964 §1, 1-22-2013]
For the purpose of this Chapter, the City of Scott City is divided
into eight (8) districts as follows:
Agriculture.
"A-1" Agriculture District
Residential.
"R-1" Single-Family Residential
"R-2" Multiple-Family Residential
Commercial.
"C-1" General Business District
"C-2" Highway Commercial District
Industrial.
"I-1" Light Industrial District
"I-2" Heavy Industrial District
Flood Plain.
"F-1" Flood Plain District
Manufactured/Mobile Home.
"M-1" Manufactured/Mobile Home District.
[Ord. No. 28 Art.
V §52, 8-18-1980; Ord. No. 212 §1, 8-17-1987]
A.
Said
districts are bounded and defined as shown on a map entitled, "Zoning
Map of the City of Scott City Missouri" and said map and all its notations,
references, and other information shown thereon shall be as much a
part of this Chapter as if the notations, references, and other matters
set forth by said map were all fully described herein. Where uncertainty
exists as to the boundaries of the districts as shown on the Zoning
Map, the following rules shall apply.
1.
Boundaries indicated as approximately following the center line of
streets, highways, alleys or other public rights-of-way shall be construed
to be said boundary.
2.
Boundaries indicated as approximately following platted lot lines
shall be construed to be said boundary.
3.
Boundaries that divide a lot or parcel of property, location of any
such boundary shall be determined by the use of the scale appearing
on such map.
