[Ord. No. 530, §1, 11-2-1965]
This Chapter shall be known and may be cited and referred to
as the Zoning Ordinance of the City of Rock Port, Missouri.
[Ord. No. 530 §2, 11-2-1965; Ord. No. 887, 4-13-1999]
For the purpose of this Chapter, certain terms and words are
hereby defined. 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"
and the word "shall" is mandatory and not directory.
A subordinate building which is incidental to and customary
in connection with the principal building or use and which is located
on the same lot with such principal building or use.
A subordinate use which is incidental to and customary in
connection with the principal building or use and which is located
on the same lot with such principal building or use.
A public or private thoroughfare which affords only a secondary
means of access to abutting property.
A story having part but not more than one-half (½)
of its height below grade. A basement is counted as a story for the
purpose of height regulation if subdivided and used for dwelling purposes
other than by a janitor employed on the premises.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold, or offered elsewhere than
upon the same lot.
See Lodging House.
The width of the lot left to be built upon after the side
yards are provided.
Any structure having a roof supported by columns, or walls
built for the support, shelter, or enclosure of persons, animals,
chattels, or property of any kind, but not including any vehicle,
trailer (with or without wheels) nor any movable device such as furniture,
machinery, or equipment. When any portion of a building is completely
separated from any other portion thereof by a division wall without
openings or by a fire wall, then each such portion shall be deemed
to be a separate building.
The vertical distance from the grade to the highest point
of the coping of a flat roof, or the deck line of a mansard roof,
or to the mean height level between eaves and ridge for gable, hip
and gambrel roof.
A story having more than one-half (½) of its height
below grade.
An establishment where patients are not lodged overnight,
but are admitted for examination and treatment by a group of physicians
or dentists practicing medicine together.
A building designed for or occupied exclusively by one (1)
family.
A building designed for or occupied exclusively by two (2)
families.
A building designed for or occupied exclusively by more than
two (2) families.
One (1) or more rooms in a dwelling occupied or intended
to be occupied as separate living quarters by a single family as defined
herein.
One (1) or more persons related by blood, marriage or adoption,
occupying a dwelling unit as an individual housekeeping organization.
A family may include not more than two (2) persons not related by
blood, marriage, or adoption.
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.
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 recounted as floor area in computing off-street
parking requirements.
All the property on one 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 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.
A detached accessory building, or portion of the main building,
housing the automobiles of the occupants of the premises.
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.
The average level of the finished surface of the ground for
buildings more than five (5) feet from a street line. For buildings
closer than five (5) feet to a street line, the grade is the sidewalks
elevation at the center of the building. If there is more than one
(1) street, an average sidewalk elevation is to be used. If there
is no sidewalk, the Building Inspector shall establish the sidewalk
grade.
Any 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 is 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 herein defined.
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 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) non-intersecting 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 Atchison County, Missouri,
prior to November 2, 1965.
Any building or group of buildings containing guest rooms
or dwelling units, some or all of which have a separate entrance leading
directly from the outside of the building with garage or parking space
conveniently located on the lot, and designed, used, or intended wholly
or in part for the accommodation of automobile transients.
Any building or land lawfully occupied by a use at the time
of passage of Ordinance No. 530 or amendment thereto which does not
conform after the passage of Ordinance No. 530 or amendment thereto
with the use regulations of the districts in which it is situated.
A home for the aged or infirm, in which three (3) or more
persons not of the immediate family are received, kept or provided
with food and shelter or care, for compensation; but not including
hospitals, clinics, or similar institutions.
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 lot, together with all buildings and structures, thereon.
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 parts and accessories, but
not including the repairing or replacement of motors, bodies, or fenders
of motor vehicles, or painting motor vehicles, and excluding public
garages.
An identification, description, illustration or device which
is affixed to or represented directly or indirectly upon a building,
structure or land, and which directs attention to a product, place,
activity, person, institution, or business.
That portion of a building, other than a cellar, included
between the surface of any floor and the surface of the floor next
above it, or if there be no floor above it, then the space between
the floor and the ceiling next above it.
A space under a sloping roof which has the line of intersection
of roof decking and wall face not more than three (3) feet above the
top floor level, and in which space not more than sixty percent (60%)
of the floor area is finished off for use. A half story may be used
for occupancy only in conjunction with and by the occupancy of the
floor immediately below.
A public way which affords the principal means of access
to abutting property.
Anything constructed or erected, the use of which requires
permanent location on the ground or attached to something having a
permanent location on the ground and including, but not limiting the
generality of the foregoing, advertising signs, billboards, backstops
for tennis courts, and pergolas.
Any change except those required by law or ordinance that
would prolong the life of the supporting members of a building or
structure, such as bearing walls, columns, beams or girders, not including
openings in bearing walls as permitted by other ordinances.
An area where two (2) or more trailers can be or are intended
to be parked, designed or intended to be used as living facilities
for one (1) or more families.
A vehicle equipped for use as a dwelling and designed to
be hauled along a highway.
An open space on the same lot with a building unoccupied
and unobstructed by any portion of the structure from the ground upward,
except as otherwise provided in this Chapter.
A yard across the full width of the lot extending from the
front line of the main building to the front line of the lot.
A yard extending the full width of the lot between a main
building and the rear lot line.
A yard between the main building and the side line of the
lot, and extending from the front yard line to the rear yard line.
[Ord. No. 530 §3, 11-2-1965]
A.
In
order to classify, regulate and restrict the locations of trades,
industries, and the location of buildings designed for specified uses;
to regulate and limit the height and use of buildings hereafter erected
or structurally altered; to regulate and limit the intensity of use
and the lot areas; and to regulate and determine the areas of yard,
courts, and other open spaces surrounding such buildings, the City
is hereby divided into districts of which there shall be seven (7)
in number known as:
|
|
"R-A"
|
Rural Agricultural District
|
|
|
"R-1"
|
Residential District
|
|
|
"R-2"
|
General Residential District
|
|
|
"C-1"
|
General Business District
|
|
|
"C-2"
|
Central Business District
|
|
|
"I-1"
|
Light Industrial District
|
|
|
"I-2"
|
Heavy Industrial District
|
B.
The
boundaries of these districts are shown upon the "District Map" which
is made a part of this Title. Said map and all the information shown
thereon shall have the same force and effect as if all were fully
set forth or described herein. The original of this is properly attested
and is on file with the City Clerk.
C.
All territory which may hereafter be annexed to the City of Rock Port shall be classified in the "R-1" Residential District until, within a reasonable time after annexation, the annexed territory shall be appropriately classified by ordinance in accordance with Section 400.170 of this Chapter.
D.
Whenever
any street or other public way is vacated by official action of the
City of Rock Port, the zoning district adjoining each side of such
street or public way shall be automatically extended to the center
of such vacation and all area included in the vacation shall then
and henceforth be subject to all appropriate regulations of the extended
districts.
E.
Where
uncertainty exists with respect to the boundaries of the various districts
as shown on the District Map, the following rules shall apply:
1.
Where a boundary line is given a position within a street, alley
or non-navigable stream, it shall be deemed to be in the center of
the street, alley or stream, and if the actual location of such street,
alley or stream varies slightly from the location as shown on the
District Map, then the actual location shall control.
2.
Where a boundary line is shown as being located a specific distance
from a street line or other physical feature, this distance shall
control.
3.
Where a boundary line is shown adjoining or coincident with a railroad,
it shall be deemed to be in the center of the railroad right-of-way
and distances measured from a railroad shall be measured from the
center of the designated main line track.
4.
Where the district boundaries are not otherwise indicated and where
the property has been or may hereafter be divided into blocks and
lots, such boundaries shall be construed to be the lot lines and where
the districts are bounded approximately by lot lines, said lot lines
shall be construed to be the boundary of such districts unless said
boundaries are otherwise indicated on the map.
5.
In unsubdivided property, unless otherwise indicated, the district
boundary line shall be determined by the use of the scale contained
on such map.
F.
Except
as hereinafter provided:
1.
No building or structure shall be erected, converted, enlarged, reconstructed,
moved or structurally altered nor shall any building or land be used
except for the purpose permitted in the district in which the building
or land is located.
2.
No building or structure shall be erected, converted, enlarged, reconstructed,
moved or structurally altered, except in conformity with the height,
yard, area per family, parking and other regulations prescribed herein
for the district in which the building is located.
3.
The minimum yards and other open spaces including lot areas per family
required by this Chapter shall be provided for each and every building
or structure hereafter erected, and such minimum yards, open spaces,
and lot areas for each and every building or structure whether existing
on November 2, 1965, or hereafter erected shall not be encroached
upon or be considered as a yard or open space requirement for any
other building or structure.
4.
Every building hereafter erected or structurally altered shall be
located on a lot as herein defined and in no case shall there be more
than one (1) building on one (1) lot unless otherwise provided in
this Chapter.
[Ord. No. 530, Art. IV, 11-2-1965]
A.
The
regulations set forth in this Section or set forth elsewhere in this
Chapter, when referred to in this Section are the regulations in the
"R-A" Agricultural District.
B.
Use Regulations. A building or premises shall be used only
for the following purposes:
1.
General farming and ranching, truck gardens, cultivation of field
crops, orchards, groves, or nurseries for growing or propagation of
plants, trees, and shrubs, including use of heavy cultivating machinery,
spray planes, or irrigating machinery, dairy farming, keeping or raising
for sale of large or small animals, reptiles, fish, birds, or poultry,
and including structures for processing and sale of products raised
on the premises.
2.
Single-family dwelling.
3.
Country club or golf course, except miniature course or practice
tee operated for commercial purposes.
4.
Roadside stand for display or sale of agricultural products raised
on the premises, provided that there shall be no more than one (1)
such stand on each lot, and provided, further, such stands shall not
exceed four hundred (400) square feet in floor area.
5.
Church and incidental facilities.
6.
Extraction of oil and gas.
7.
Home occupations.
8.
Hospital and institution of an educational, religious, charitable
or philanthropic nature, not including penal or correctional institutions,
provided, that the site for such building shall contain not less than
five (5) acres.
9.
Public elementary and high school, or private school with curriculum
the same as ordinarily given in public elementary and high schools.
10.
Publicly-owned or operated building, except sewage treatment plant,
garbage incinerator, warehouse, garage, shop and storage yard.
11.
Installation for sewer, water, gas, electric, and telephone mains
and incidental appurtenances including electrical substations.
12.
Public recreation area, park, playground, wildlife preserve, forest
preserve, and such buildings and structures as are related thereto.
13.
Railroad right-of-way, tracks and yards.
14.
Temporary sign with an area of not more than thirty (30) square feet
pertaining to the lease, hire, or sale of a building or premises on
which such sign is located.
15.
Accessory identification sign or sign advertising products raised
on the premises having an area of not more than thirty (30) square
feet.
16.
Accessory open or enclosed storage of oil, gas, ranch or farm materials,
products or equipment, accessory farm buildings, including barns,
stables, sheds, toolrooms, shops, bins, tanks, and silos, and other
accessory buildings and uses, including, but not limited to, accessory
private garages, servants' quarters, guest houses, swimming pools,
home barbecue grills, customary church bulletin boards or identification
signs not exceeding thirty (30) square feet in area for permitted
public and semi-public uses, accessory storage, and accessory off-street
parking and loading spaces.
C.
Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 400.130.
D.
Height Regulations. No building shall exceed two and one-half (2-½) stories nor shall it exceed thirty-five (35) feet in height except as provided in Section 400.120.
E.
Area Regulations.
2.
Minimum lot area.
a.
A lot occupied by a single-family dwelling shall contain not less
than twenty thousand (20,000) square feet, and shall be not less than
one hundred (100) feet wide.
b.
A lot having an area or width less than herein required and which
was recorded under separate ownership from adjoining lots on November
2, 1965 may be occupied by a single-family dwelling or by any other
permitted non-residential use.
[Ord. No. 530 §5, 11-2-1965; Ord. No. 866 §400.050, 2-25-1997]
A.
The
regulations set forth in this Section or set forth elsewhere in this
Chapter, when referred to in this Section, are the regulations in
the "R-1" Residential District.
B.
Use Regulations. A building or premises shall be used only
for the following purposes:
1.
Single-family dwellings.
2.
Two-family dwellings.
3.
Churches.
4.
Municipally-owned buildings, parks, playgrounds and community centers.
5.
Public schools, elementary and high, and private educational institutions
having a curriculum the same as ordinarily given in public schools
and having no rooms regularly used for housing and sleeping rooms.
6.
Home occupations.
7.
Golf courses, except miniature courses or practice driving tees operated
for commercial purposes.
8.
Railroad rights-of-way, including a strip of land with tracks and
auxiliary facilities for track operations.
9.
Temporary buildings, the uses of which are incidental to construction
operations or sale of lots during development being conducted on the
same or adjoining tract or subdivision and which shall be removed,
upon completion or abandonment of such construction, or upon the expiration
of a period of two (2) years from the time of erection of such temporary
buildings, whichever is sooner.
10.
Temporary signs pertaining to the lease, hire, or sale of a building
or premises on which such sign is located.
11.
Accessory buildings and uses including, but not limited to, accessory
private garages, servants' quarters, guest houses, swimming pools,
home barbecue grills, customary church bulletin boards or identification
signs not exceeding thirty (30) square feet in area for permitted
public and semi-public uses, accessory storage, and accessory off-street
parking and loading spaces.
C.
Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 400.130.
D.
Height Regulations. No building shall exceed two and one-half (2 ½) stories nor shall it exceed thirty-five (35) feet in height except as provided in Section 400.120.
E.
Area Regulations.
2.
Minimum lot area.
a.
A lot occupied by a single-family dwelling shall contain not less
than seven thousand two hundred (7,200) square feet, and shall be
not less than sixty (60) feet in width.
b.
A lot occupied by a two-family dwelling shall contain not less than
nine thousand (9,000) square feet and shall be not less than seventy-five
(75) feet in width.
c.
A lot having an area of width less than herein required and which
was recorded under separate ownership from adjoining lots on November
2, 1965 may be occupied by a single-family dwelling or by any other
permitted non-residential use.
[Ord. No. 530 §6, 11-2-1965]
A.
The
regulations set forth in this Section or set forth elsewhere in this
Chapter, when referred to in this Section, are the regulations in
the "R-2" General Residential District.
B.
Use Regulations. A building or premises shall be used only
for the following purposes.
1.
Any use permitted in the "R-1" Residential District, except that
new single-family dwellings erected in the "R-2" Residential District
shall have a minimum lot area of seven thousand two hundred (7,200)
square feet.
2.
Conversion of existing structures to multi-family dwellings, where
each dwelling unit will have its own kitchen and toilet, and where
each dwelling unit will conform to the standards for new dwellings
set out in the Minimum Standard Housing Ordinance.
3.
New multiple-dwellings where the lot on which each structure is located
contains at least one thousand five hundred (1,500) square feet per
dwelling unit and shall be not less than sixty (60) feet in width.
C.
Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 400.130.
D.
Height Regulations. No building shall exceed two and one-half (2-½) stories nor shall it exceed thirty-five (35) feet in height except as provided in Section 400.120.
E.
Area Regulations.
2.
Minimum lot area.
a.
A lot occupied by a single-family dwelling shall contain not less
than seven thousand two hundred (7,200) square feet, and shall not
be less than sixty (60) feet in width.
b.
A lot occupied by a two-family dwelling shall contain not less than
four thousand five hundred (4,500) square feet per family and shall
be not less than seventy-five (75) feet in width.
c.
A lot occupied by a multiple-family dwelling shall contain not less
than one thousand five hundred (1,500) square feet per family and
shall be not less than sixty (60) feet in width.
d.
A lot having an area or width less than herein required and which
was recorded under separate ownership from adjoining lots on November
2, 1965, may be occupied by a single-family dwelling or by any other
permitted non-residential use.
[Ord. No. 530 §7, 11-2-1965]
A.
The
regulations set forth in this Section or set forth elsewhere in this
Chapter, when referred to in this Section, are the regulations in
the "C-1" General Business District.
B.
Use Regulations. A building or premises shall be used only
for the following purposes.
1.
Any use permitted in the "R-2" Residential District.
2.
Automobile parking lots.
3.
Bowling alleys, dance halls, or skating rinks.
4.
Dressmaking, tailoring, shoe repairing, repair of household appliances
and bicycles, dry cleaning and pressing, and bakery with sale of bakery
products on the premises and other uses of similar character.
5.
Farm implements, sale or repair.
6.
Funeral homes or mortuaries.
7.
Hotels and motels.
8.
Offices and office buildings.
9.
Automotive sales, public garages, and automobile repair shops.
10.
Outdoor advertising structure or non-flashing sign pertaining only
to a use conducted within the building, and any sign or display in
excess of thirty (30) square feet in area shall be attached flat against
a wall of the building and in no case shall any sign or display project
above the roof line.
11.
Personal service uses, including barber shops, banks, beauty parlors,
photographic or artists' studios, messengers, taxicabs, newspapers
or telegraphic service stations, dry cleaning receiving stations,
restaurants, and other personal service uses of a similar character.
12.
Retail stores, including florist shops and greenhouses in connection
with such shops, but there shall be no slaughtering of animals or
poultry on the premises of any retail store.
13.
Self-service laundries and dry cleaning establishments.
14.
Service stations.
15.
Theatres, drive-in theatres and assembly halls.
16.
Accessory buildings and uses.
C.
Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set out in Section 400.130.
D.
Height Regulations. The height regulations are the same
as those in the "R-1" Residential District.
E.
Area Regulations.
1.
Yards.
a.
The front and rear yard regulations are the same as those in the
"R-1" Residential District.
b.
The side yard regulations for dwellings are the same as those in
the "R-1" Residential District. No side yards for commercial buildings
are required except on the side of a lot abutting an "R" District,
in which event a side yard of not less than seven (7) feet shall be
provided.
2.
Minimum lot area. The minimum lot area requirements
are the same as those in the "R-1" Residential District.
[Ord. No. 530 §8, 11-2-1965; Ord. No. 865 §F, 2-25-1997]
A.
The
regulations set forth in this Section or set forth elsewhere in this
Chapter, when referred to in this Section are regulations in the "C-2"
Central Business District.
B.
Use Regulations. A building or premises shall be used only
for the following purposes.
1.
Any use permitted in the "C-1" General Business District.
2.
Multiple-family residences.
3.
Boarding and lodging houses.
4.
Private clubs and lodges.
5.
Hospitals or clinics for small animals, dogs, cats, birds and the
like.
6.
Laboratories, research, experimental or testing.
7.
Wholesale merchandising or storage warehouses.
8.
General service and repair establishments including dyeing and cleaning
works or laundry, plumbing and heating, printing, painting, upholstering
or tinsmithing.
9.
Outdoor advertising sign or structure.
10.
Accessory buildings and uses.
C.
Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set out in Section 400.130.
D.
Height Regulations. No building shall exceed six (6) stories nor shall it exceed seventy-five (75) feet in height except as provided in Section 400.120.
E.
Area Regulations.
1.
Yards. No yards are required.
2.
Minimum lot area. The minimum lot area requirements
are the same as those in the "R-1" Residential District, with the
exception that a lot occupied by a multiple dwelling with three (3)
or more dwelling units, shall contain not less than one thousand five
hundred (1,500) square feet for each dwelling unit and shall not be
less than sixty (60) feet in width.
F.
Setback Restrictions. Any dwelling or structure containing
dwelling units on the ground level floor, shall be set back no less
than one hundred (100) feet from the centerline of any U.S. or State
Highway.
[Ord. No. 530 §9, 11-2-1965]
A.
The
regulations set forth in this Section or set forth elsewhere in this
Chapter, when referred to in this Section are the regulations in the
"I-1" Light Industrial District.
B.
Use Regulations. A building or premises shall be used only
for the following purposes.
1.
Any use permitted in the "C-2" Central Business District.
2.
Compounding of cosmetics, toiletries, drugs and pharmaceutical products.
3.
Manufacture or assembly of medical and dental equipment, drafting,
optical and musical instruments, watches, clocks, toys, games, and
electrical or electronic apparatus.
4.
Manufacture or assembly of boats, bolts, nuts, screws, and rivets,
ornamental iron products, firearms, electrical appliances, tools,
dies, machinery and hardware products, sheetmetal products and vitreous
enameled metal products.
5.
Manufacture or storage of food products, including beverage blending
or bottling, bakery products, candy manufacture, dairy products and
ice cream, fruit and vegetable processing and canning, packing and
processing of meat and poultry products, but not distilling of beverages
or slaughtering of poultry or animals.
6.
Manufacture of rugs, mattresses, pillows, quilts, millinery, hosiery,
clothing and fabrics, and printing and finishing of textiles and fibers
into fabric goods.
7.
Manufacture of boxes, crates, furniture, baskets, veneer, and other
wood products of a similar nature.
8.
Generally those light manufacturing uses similar to those listed
in items 2 through 7 above which do not create any more danger to
health and safety in surrounding areas and which do not create any
more offensive noise, vibration, smoke, dust, lint, odors, heat, or
glare than that which his generally associated with light industries
of the type specifically permitted.
9.
Accessory buildings and uses.
C.
Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set out in Section 400.130.
D.
Height Regulations. The height regulations are the same
as those in the "C-2" Central Business District.
E.
Area Regulations. The area regulations are the same as those
in the "C-1" General Business District.
[Ord. No. 530 §10, 11-2-1965]
A.
The
regulations set forth in this Section or set forth elsewhere in this
Chapter, when referred to in this Section are the regulations in the
"I-2" Heavy Industrial District.
B.
Use Regulations. Any building or premises may be used for any purpose not in conflict with any ordinance of Rock Port, regulating nuisances or laws of the State of Missouri; provided, however, that no building shall be erected, converted, reconstructed or structurally altered for church, library, school, hospital, or residential purposes, except for resident watchmen and caretakers employed on the premises and except for farms; provided, that no building or occupancy permit shall be issued for any of the following uses or manufacture, compounding, processing, packaging or treatment of the following products until and unless the location of such use shall have been approved by the Board of Aldermen after public hearing and report by the City Plan Commission as provided in Section 400.140. The Board shall review the plans and statements and shall not permit such buildings, structures, or uses until it has been shown that the public health, safety, morals, and general welfare will be properly protected, and that necessary safeguards will be provided for the protection of surrounding property and persons. The Board of Aldermen in reviewing the plans and statements shall consult with other agencies created for the promotion of public health and safety:
Chemicals, Petroleum, Coal, and Allied Products
Acid and derivatives
Acetylene
Ammonia
Carbide
Caustic soda
Cellulose and cellulose storage
Chlorine
Coke oven products (including fuel gas) and coke oven products
storage
Cresote
Distillation, manufacture, or refining of coal, tar, asphalt,
wood and bones
Explosives (including ammunition and fireworks) and explosives'
storage
Fertilizer (organic)
Fish oils and meal
Glue, gelatin (animal)
Hydrogen and oxygen
Lamp black, carbon black and bone black
Nitrating of cotton or other materials
Nitrates (manufactured and natural) of an explosive nature,
and storage
Petroleum, gasoline and lubricating oil refining, and wholesale
storage
Plastic materials and synthetic resins
Potash
Pyroxylin
Rendering and storage of dead animals, offal, garbage, or waste
products
Turpentine and resin
Wells, gas and oil
Clay, Stone, and Glass Products
Brick, firebrick, refractories, and clay products (coal fired)
Cement, lime, gypsum, or plaster of Paris
Minerals and earths: quarrying, extracting, grinding, crushing
and processing
Food and Beverage
Fat rendering
Fish curing, packing and storage
Slaughtering of animals
Starch manufacture
Metals and Metal Products
Aluminum powder, and paint manufacture
Blast furnace, cupolas
Blooming mill
Metal and metal ores, reduction, refining, smelting and alloying
Scrap metal reduction or smelting
Steel works and rolling mill (ferrous)
Wood and Paper Products
Match manufacture
Wood pulp, and fiber, reduction and processing
Unclassified Industries and Uses
Hair, hides and raw fur, curing, tanning, dressing, dyeing,
and storage
Stockyards
Junk yards and auto wrecking yards, provided that a solid fence
six (6) feet in height will be constructed around the perimeter of
the area and that the storage of junk or parts will not exceed the
height of the fence
C.
Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set out in Section 400.130.
D.
Height Regulations. The height regulations are the same
as those in the "C-2" Central Business District.
E.
Area Regulations. The front, side, and rear yard regulations
are the same as those in the "C-1" General Business District.
[Ord. No. 530 §11, 11-2-1965; Ord. No. 827 §1, 2-21-1995]
A.
The
lawful use of a building existing on November 2, 1965, may be continued
even though such use does not conform with the provisions hereof.
If no structural alterations are made, a non-conforming use of a building
may be changed to another non-conforming use of the same or more restricted
classification. The foregoing provisions shall also apply to non-conforming
uses in districts as may be hereafter changed. Whenever a non-conforming
use of a building has been changed to a more restricted use or to
a conforming use, such use shall not thereafter be changed to a less
restricted use.
B.
No
building which has been damaged by fire, explosion, act of God, or
the public enemy to the extent of more than sixty-five percent (65%)
of its assessed value, shall be restored except in conformity with
the regulations of this Chapter.
C.
In
the event that a non-conforming use of any building or premises is
discontinued or its normal operation stopped for a period of three
(3) years, the use of the same shall thereafter conform to the regulations
of the district in which it is located.
D.
A non-conforming
use occupying only a portion of a building may be extended throughout
the building if the same has been lawfully acquired and actually devoted
to such use, previous to the adoption of Ordinance No. 530 or to any
affecting amendments thereof.
E.
All
property annexed to the City of Rock Port after January 1, 1995, shall
be allowed to be used for whatever lawful use it was being placed
immediately prior to annexation, no matter what class of zoning may
be imposed upon said property. In the event that the non-conforming
use at the time of annexation of any building or premises or land
is discontinued or its normal operations stop for a period of three
(3) years, the use of the same shall thereafter conform to the regulations
of the district in which it is located.
[Ord. No. 530 §12, 11-2-1965; Ord. No. 908 §1, 7-9-2002]
A.
The
district regulations hereinafter set forth in this Section qualify
or supplement, as the case may be, the district regulations appearing
elsewhere in this Chapter.
1.
Public, semi-public, or public service buildings, hospitals, institutions,
or schools, when permitted in a district, may be erected to a height
not exceeding sixty (60) feet if the building is set back from each
yard line at least one (1) foot for each two (2) feet of additional
building height above the height limit otherwise provided in the district
in which the building is located.
2.
Chimneys, church steeples, cooling towers, elevator bulkheads, fire
towers, monuments, stacks, stage towers, or scenery lofts, tanks,
water towers, ornamental towers, spires, wireless towers, grain elevators,
or necessary mechanical appurtenances, are exempt from the height
regulations as contained herein.
3.
Accessory buildings may be built in a required rear yard but such
accessory buildings shall not occupy more than thirty percent (30%)
of a required rear yard and shall not be nearer than two (2) feet
to any side or rear lot line, except that when a garage is entered
from an alley, it shall not be located closer than ten (10) feet to
the alley line. If a garage is located closer than ten (10) feet to
the main building, the garage shall be regarded as part of the main
building for the purpose of determining side and rear yards.
4.
No accessory building shall be constructed upon a lot until the construction
of the main building has been actually commenced, and no accessory
building shall be used for dwelling purposes, other than by domestic
servants employed entirely on the premises.
5.
Every part of a required yard shall be open to the sky, unobstructed
by any structure, except for the projection of sills, belt course,
cornices, and ornaments, and features which are not to exceed twelve
inches (12"), (except as provided in (3) above).
6.
No basement or cellar shall be occupied for residential purposes
until the remainder of the building has been substantially completed.
7.
Open-lattice enclosed fire escapes, fireproof outside stairways,
and balconies opening upon fire towers, and the ordinary projections
of chimneys and flues into the rear yard may be permitted by the Building
Inspector for a distance of not more than three and one-half (3 ½)
feet and where the same are placed so as not to obstruct light and
ventilation.
8.
An open unenclosed porch or paved terrace may project into a front
yard for a distance not exceeding ten (10) feet. An unenclosed vestibule
containing not more than forty (40) square feet may project into a
front yard for a distance not to exceed four (4) feet.
9.
Paved terraces, uncovered porches, platforms, and ornamental features
which extend more than three (3) feet above the floor level of the
ground story may project into a required yard, provided these projections
be distant at least two (2) feet from the adjacent side lot line.
10.
For the purpose of the side yard regulations, a two-family dwelling,
or a multiple dwelling, shall be considered as one (1) building occupying
one (1) lot.
11.
Where a lot or tract is used for farming or for a commercial or industrial
purpose, more than one (1) main building may be located upon the lot
or tract, but only when such buildings conform to all open space requirements
around the lot for the district in which the lot or tract is located.
12.
In the event that a lot is to be occupied by a group of two (2) or
more related buildings to be used for multiple dwelling, institutional,
motel or hotel purposes, there may be more than one (1) main building
on the lot; provided, however, that the open spaces between buildings
that are parallel or within forty-five degrees (45°) of being
parallel, shall have a minimum dimension of twenty (20) feet for one-story
buildings, thirty (30) feet for two-story buildings and forty (40)
feet for three or four-story buildings.
13.
Where an open space is more than fifty percent (50%) surrounded by
a building, the minimum width of the open space shall be at least
twenty (20) feet for one-story buildings, thirty (30) feet for two-story
buildings, and forty (40) feet for three or four-story buildings.
14.
No side yards are required where dwelling units are erected above
commercial and industrial structures.
15.
Where lots have double frontage, the required front yard shall be
provided on both streets.
16.
The required side yard on the street side of a corner lot shall be
the same as the required front yard on such street, except that the
building width shall not be reduced to less than thirty-two (32) feet,
and no accessory building shall project beyond the required front
yard on either street.
17.
Whenever a lot on or after November 2, 1965, has a width of less
than sixty (60) feet, the side yard may be reduced to a width of not
less than ten percent (10%) of the width of the lot, but in no instance
shall it be less than five (5) feet.
18.
The front yard heretofore established shall be adjusted in the following
cases:
a.
Where forty percent (40%) or more of the frontage on the same side
of a street between two (2) intersecting streets is developed with
two (2) or more buildings that have (with a variation of five (5)
feet or less) a front yard greater in depth that herein required,
new buildings shall not be erected closer to the street than the front
yard so established by the existing building nearest the street line.
b.
Where forty percent (40%) or more of the frontage on one side of
a street between two (2) intersecting streets is developed with two
(2) or more buildings that have a front yard of less depth than herein
required, then:
(1)
Where a building is to be erected on a parcel of land that is
within one hundred (100) feet of existing buildings on both sides,
the minimum front yard shall be a line drawn between the two (2) closest
front corners of the adjacent building on each side, or
(2)
Where a building is to be erected on a parcel of land that is
within one hundred (100) feet of an existing building on one side
only, such building may be erected as close to the street as the existing
adjacent building.
19.
A deck or similar structure which is attached to an existing building
or residential unit may be constructed subject to the following regulations:
a.
Such deck or structure may be built so as to project into a required
rear yard, but shall not occupy more than thirty percent (30%) of
a required rear yard, and shall not be closer than two (2) feet to
any rear or side lot line.
b.
Such deck or structure may be constructed so as to project into a
front yard for a distance not exceeding ten (10) feet and shall not
be closer than two (2) feet to any front or side lot line.
[Ord. No. 530 §13, 11-2-1965]
A.
No
building shall be erected, enlarged to the extent of increasing the
floor area by as much as fifty percent (50%), or changed in use unless
there is provided on the lot, space for the parking of automobiles
or trucks in accordance with the following minimum requirements:
1.
Bowling alley: Five (5) parking spaces for each alley.
2.
Business, professional or public office building, studio, bank, medical
or dental clinic: Three (3) parking spaces plus one (1) additional
parking space for each four hundred (400) square feet of floor area
over one thousand (1,000).
3.
Church: One (1) parking space for each eight (8) seats in the main
auditorium.
4.
College or school: One (1) parking space for each eight (8) seats
in the main auditorium or three (3) spaces for each classroom, whichever
is greater.
5.
Community center, library, museum, or art gallery: Ten (10) parking
spaces plus one additional space for each three hundred (300) square
feet of floor area in excess of two thousand (2,000) square feet.
6.
Dwellings: One (1) parking space for each dwelling unit.
7.
Hospital, sanitarium, home for the aged, or similar institution:
One (1) parking space for each four (4) beds.
8.
Hotel: One (1) parking space for each three (3) sleeping rooms or
suites plus one (1) space for each two hundred (200) square feet of
commercial floor area contained therein.
9.
Manufacturing or industrial establishment, research, or testing laboratory,
creamery, bottling plant, warehouse or similar establishment: One
(1) parking space for every two (2) employees on the maximum working
shift plus space to accommodate all trucks and other vehicles used
in connection therewith.
10.
Mortuary or funeral home: One (1) parking space for each fifty (50)
square feet of floor space in slumber rooms, parlors and individual
funeral service rooms.
11.
Private club or lodge: One (1) parking space for every ten (10) members.
12.
Restaurant, night club, cafe, or similar recreation or amusement
establishment: One (1) parking space for each one hundred (100) square
feet of floor area.
13.
Retail store or personal service establishment: One (1) parking space
for each two hundred (200) square feet of floor area.
14.
Rooming or lodging house: One (1) parking space for each two (2)
sleeping rooms.
15.
Sports, arena, stadium or gymnasium (except school): One (1) parking
space for each five (5) seats or seating spaces.
16.
Theatre or auditorium (except school): One (1) parking space for
each five (5) seats or bench seating spaces.
[Ord. No. 530 §14, 11-2-1965; Ord. No. 848 §(12), 5-28-1996; Ord. No. 886, 4-13-1999; Ord. No. 1076, 12-15-2010]
A.
The
Board of Aldermen of Rock Port may, by special permit, after public
hearing before the Board, after study and report by the City Plan
Commission and subject to such reasonable conditions and protective
restrictions as are deemed necessary, authorize the following special
uses in any district from which they are otherwise prohibited:
1.
Cemetery or mausoleum on sites of not less than twenty (20) acres.
2.
Greenhouse or nursery.
3.
Hospital, animal hospital for small pets, clinic or institution not
primarily for the mentally ill or those with contagious diseases,
provided that less than forty percent (40%) of the total land area
is occupied by buildings and that all of the required yards are increased
by one (1) foot for each foot of building height in excess of height
limits specified in this Chapter.
4.
Landing field or strip for aircraft.
5.
Nursery school.
6.
Commercial radio tower or broadcasting station.
7.
Removal of gravel, topsoil or similar natural materials, with safeguards
for the protection of adjoining property and the community as a whole.
8.
Riding stable.
9.
Sanitary fill for the disposal of garbage or trash.
10.
(Reserved)
12.
Auto body repair shops shall operate in conformance with written
limitations specified by the City at the time of application.
13.
Reception hall.
[Ord. No. 530 §15, 11-2-1965]
A.
A Board
of Adjustment is hereby created. The Board shall consist of five (5)
members appointed by the Mayor and approved by the Board of Aldermen,
each to be appointed for a term of five (5) years, excepting that
when the Board shall first be created, one member shall be appointed
for a term of five (5) years, one for a term of four (4) years, one
for a term of three (3) years, one for a term of two (2) years, and
one for a term of one (1) year. Members shall be removable for cause
by the Mayor and Board of Aldermen upon written charges and after
public hearing. Vacancies shall be filled for the unexpired term of
any member whose term becomes vacant.
B.
The
Board of Adjustment shall adopt rules for the conduct of its business,
establish a quorum and procedure, and keep a public record of all
findings and decisions. Meetings of the Board shall be held at the
call of the chairman and at such other times as the Board may determine.
Each session of the Board of Adjustment, at which an appeal is to
be heard, shall be a public meeting with public notice of said meeting
and business to be carried or published in a newspaper of general
circulation in the City, at least one (1) time, seven (7) days prior
to the meeting.
C.
An
appeal may be taken to the Board of Adjustment by any person, group
or organization, public or private, affected by a decision of the
Building Inspector. Such appeal shall be taken within such time as
prescribed by the Board by general rule, by filing with the Building
Inspector, a notice of appeal specifying the grounds thereof. A fee
of ten dollars ($10.00) shall accompany all notices of appeal. The
Building Inspector shall forthwith transmit to the Board all papers
constituting the record upon which the action appealed from was taken.
D.
The
Board of Adjustment shall have the following powers:
1.
To hear and decide appeals where it is alleged there is an error
in any order, requirement, decision or determination made by the Building
Inspector in the enforcement of this Chapter, and may affirm or reverse,
in whole or part, said decision of the enforcement officer.
2.
To hear requests for variances from the literal provisions of the
Zoning Ordinance in instances where strict enforcement of the Zoning
Ordinance would cause undue hardship due to circumstances unique to
the individual property under consideration and grant such variances
only when it is demonstrated that such action will be in keeping with
the spirit and intent of the provisions of the Zoning Ordinance. The
Board of Adjustment shall not permit, as a variance, any use in a
district that is not permitted under this Chapter. The Board of Adjustment
may impose conditions in the granting of variance to insure compliance
and to protect adjacent property.
3.
To hold public hearings on, and decide the following exceptions to
or variations of this Chapter.
a.
To permit the extension of a district where the boundary lien thereof
divides a lot held in a single ownership on or after November 2, 1965.
b.
Interpret the provisions of this Chapter in such a way as to carry
out the intent and purpose of the plan, as shown upon the Zoning District
Map where the street layout on the ground varies from the street layout
as shown on this Map.
c.
Permit reconstruction of a non-conforming building otherwise prohibited by Section 400.110 where such action would not constitute continuation of a monopoly.
d.
Vary the yard regulations where there is an exceptional or unusual
physical condition of a lot, not generally prevalent in the neighborhood,
which condition when related to the yard regulations of this Chapter
would prevent a reasonable or sensible arrangement of buildings on
the lot.
e.
Vary the parking regulations by not more than fifty percent (50%)
where it is conclusively shown that the specific use of a building
would make unnecessary the parking spaces otherwise required by this
Chapter, or where it can be conclusively shown that adequate off-street
parking to serve a particular use has been provided by or is controlled
by the municipality.
E.
Decision
of the Board of Adjustment in respect to the above shall be subject
to appeal to the District Court of Atchison County within thirty (30)
days after the filing of the decision in the Office of the Board.
[Ord. No. 530 §16, 11-2-1965; Ord. No. 686 §1, 5-20-1980; Ord. No. 813 §400.160B, 6-7-1994; Ord. No. 815 §400.160 E, 8-16-1994; Ord. No. 949 §§1 — 2, 1-11-2005]
A.
It
shall be the duty of the person designated by the Mayor as Building
Inspector to administer and enforce the regulations contained herein.
B.
It
shall be unlawful to commence or proceed with the erection, construction,
reconstruction, conversion, alteration, enlargement, extension, raising
or moving of any building or structure, including but not limited
to cement flat work, or any portion thereof, without having applied
in writing to the Building Inspector for a Building Permit to do so
and a Building Permit has been granted therefor except for that work
which would not have an impact on the structural integrity or safety
of the involved building or structure and where said proposed alteration
would not have an impact upon existing or planned utilities in areas
of public right-of-way.
C.
Every
application for a Building Permit shall be in writing and delivered
to the Building Inspector and shall be accompanied by a detailed set
of plans, in duplicate, showing the size of the proposed building
or structure, its location on the lot, the basic materials of which
it is to be constructed and the details and type of construction to
be used. On the issuance of a permit, one (1) set of said plans shall
be retained by the Building Inspector as a permanent record and one
(1) shall be returned to the applicant. In cases of any building or
structure to be located outside the fire districts, the Building Inspector
may, at his own discretion, permit the substitution of a written statement
covering the essential information required in place of said plans.
D.
Blank
forms shall be provided by the Building Inspector for the use of those
applying for permits as provided in this Chapter. Any permits issued
by the Building Inspector shall be on standard forms for such purpose
and furnished by the City.
E.
Building Permit Fees. A careful record of such applications,
plans and permits shall be kept in the office of the Building Inspector.
The fees to be charged for building permits shall be as follows:
1.
Roof repair, deck construction, deck replacement, porch construction
or porch replacement:
Non-commercial construction: $10.00.
Commercial construction: $20.00.
2.
All other non-commercial construction: $10.00 or $0.028 per square
foot, whichever is greater.
3.
All other commercial construction: $20.00 or $0.056 per square foot,
whichever is greater.
4.
All detached accessory structures, including storage sheds, carports,
playhouses and similar structures (even if located on skids or similar
movable apparatus), must obtain a building permit in accordance with
the foregoing fees if the floor area of the structure exceeds one
hundred twenty (120) square feet. Any such construction on skids or
similar movable apparatus where the floor area does not exceed one
hundred twenty (120) square feet shall not be required to obtain a
building permit. Notwithstanding whether a building permit is required,
all such structures must be placed in accordance with all regulations
applicable to the placement of buildings including yard limitations
and setback requirements.
F.
Any
Building Permit, under which no construction work has been commenced
within six (6) months after the date of issue of said permit or under
which the proposed construction has not been completed within two
(2) years of the date of issue shall expire by limitation; and no
work or operation shall take place under such permit after such expiration.
Upon payment of ten cents ($.10) per month for each one thousand dollars
($1,000.00) of the construction cost on which the original permit
was issued, but not less than one dollar ($1.00) per month in any
case, a Building Permit may be once extended for a period not exceeding
six (6) months by the Building Inspector.
G.
Subsequent
to November 2, 1965, no change in the use or occupancy of land, nor
any change of use or occupancy in an existing building other than
for single-family dwelling purposes, shall be made, nor shall any
new building be occupied until a Certificate of Occupancy has been
issued by the Building Inspector. Every Certificate of Occupancy shall
state that the new occupancy complies with all provisions of this
Chapter. No permit for excavation for, or the erection or alteration
of, any building shall be issued before the application has been made
and approved for a Certificate of Occupancy and compliance, and no
building or premises shall be occupied until such certificate and
permit is issued. A record of all Certificates of Occupancy shall
be kept on file in the Office of the Building Inspector, and copies
shall be furnished on request to any person having a proprietary or
tenancy interest in land or a building affected by such Certificate
of Occupancy.
[Ord. No. 530 §17, 11-2-1965]
A.
The
Board of Aldermen may, from time to time, on its own motion or on
petition, amend, supplement, change, modify, or repeal by ordinance
the boundaries of districts or regulations, or restrictions herein
established. Any proposed amendment, supplement, change, modification
or repeal shall first be submitted to the City Plan Commission for
its recommendations and report. If the City Plan Commission makes
no report within thirty (30) days, it shall be considered to have
made a report approving the proposed amendment, supplement, modification
or change. Upon the filing of the recommendations and report by the
City Plan Commission with respect to any proposed amendment, supplement,
change, modification or repeal, the Board of Aldermen shall proceed
to hold a public hearing in relation thereto, giving at least fifteen
(15) days' notice of the time and place of such hearing, which notice
shall first be published in a newspaper having a general circulation
in the City of Rock Port.
B.
In
case of an adverse report by the City Plan Commission, or if a protest
against such proposed amendment, supplement, change, modification
or repeal shall be presented in writing to the City Clerk, duly signed
and acknowledged by the owners of ten percent (10%) or more, either
of the area of the land (exclusive streets, places and alleys) included
within such proposed amendment, supplement, change, modification or
repeal, or within an area, determined by lines drawn parallel to and
one hundred eighty-five (185) feet distant from the boundaries of
the district proposed to be changed, such amendment, supplement, change,
modification or repeal shall not become effective except by the favorable
vote of three-fourths (¾) of all the members of the Board of
Aldermen.
[Ord. No. 530, Art. 18, 11-2-1965]
The owner or agent of a building or premises in or upon which
a violation of any provision of this Chapter has been committed or
shall exist; or the lessee or tenant of an entire building or entire
premises in or upon which violation has been committed or shall exist,
or the agent, architect, building contractor or any other person who
commits, takes part or assists in any violation or who maintains any
building or premises in or upon which such violation shall exist,
shall be guilty of a misdemeanor punishable by a fine of not less
than ten dollars ($10.00) and not more than one hundred dollars ($100.00)
for each and every day that such violation continues; but if the offense
be willful, on conviction thereof, the punishment shall be a fine
of not less than one hundred dollars ($100.00) nor more than two hundred
fifty dollars ($250.00) for each and every day that such violation
shall continue or by imprisonment for ten (10) days for each and every
day such violation shall continue or by both such fine and imprisonment,
at the discretion of the court. Any such person, having been served
with an order to remove any such violation, failing to comply with
said order within ten (10) days after such notice or continuing to
violate any provision of the regulations made under authority of this
Chapter in the respect named in such order, shall be subject to a
civil penalty of two hundred fifty dollars ($250.00).
