[R.O. 2009 § 17.06.010; Ord. No. 5618 §II, 9-27-2004; Ord. No. 6220, 4-26-2021]
The following is hereby established to regulate and define the
height and bulk of the buildings hereafter erected or structurally
altered; to regulate and limit the intensity of the use of lot areas;
and to regulate and determine the area of yards, courts and other
open spaces within and surrounding such building. The City is divided
into districts of which there shall be fifteen (15) in number. Additionally,
one (1) special category are provided that when combined with the
provisions of selected districts will provide a mechanism for more
creative use of land. These districts and special categories shall
be known as:
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"R-1"
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Single-Family Residential District
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"R-2"
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Single-Family Residential District
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"R-3"
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Single-Family/Manufactured Home District
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"R-4"
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Two-Family Residential District
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"R-5"
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Multiple-Family Residential District
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"R-6"
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Residential, Planned Manufactured Housing District
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"R-7"
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Condominium Residential District
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"AG"
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Agricultural/Open District
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"TZ"
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Transitional Office District
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"O"
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Office District
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"C-1"
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Neighborhood Shopping District
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"C-2"
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General Commercial District
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"C-3"
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Highway Commercial District
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"IL"
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Light Industrial District
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"IH"
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Heavy Industrial District
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"ZLL"
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Zero Lot Line Provision
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[R.O. 2009 § 17.06.020; Prior Code § 10-103(6); Ord. No. 6220, 4-26-2021]
The boundaries of the districts are shown upon the Zoning District
Map on file in the office of the Building Inspector and all notations,
references and other information shown thereon are made a part of
this Chapter and shall have the same force and effect as is fully
set forth or described in this Chapter.
[R.O. 2009 § 17.06.030; Prior Code §§ 10-103(c),
10-117; Ord. No. 6220, 4-26-2021]
A.
Unless specifically provided for otherwise, the following restrictions
shall apply:
1.
No building shall be erected, converted, enlarged, reconstructed
or structurally altered, nor shall any building or land be used for
any purpose other than is permitted in the district in which the building
or land is located.
2.
No building shall be erected, converted, enlarged, reconstructed
or structurally altered except in conformity with the area regulations
of the district in which the building is located.
3.
The minimum yards and open spaces and included lot area per
family requirements required by the Chapter for each and every building
existing at the time of passage of the ordinance codified in this
Article or for any building hereafter erected shall not be encroached
upon or considered as yard or open space requirements for any other
building.
4.
No building or structure for any use for other than public park
purposes may be erected, constructed, moved or located on the following
described property, nor shall the property be used for any purpose
other than as a public park:
[R.O. 2009 § 17.06.040; Prior Code § 10-122; Ord. No. 6220, 4-26-2021]
A.
The boundaries of the various districts as shown on the map made
a part hereof shall be determined by use of the scale contained on
such map, except in the following codes:
1.
Where the designations on the map are approximately bounded
by a street or alley line, said street or alley line shall be construed
to be the boundary of such district.
2.
Where the designations on the map are approximately bounded
by lot lines, the lot lines or an extension of same shall be construed
to be the boundary of such district.
3.
Provided, however, that in all cases where the frontage on one
of the streets is in a commercial, business or industrial district,
the frontage adjacent thereto on the intersecting street except the
corner or corners is in a residential district, any commercial, business
or industrial use shall be limited to the frontage on the street zoned
commercial, business or industrial throughout the block. Any property
in the rear thereof fronting or facing the intersecting street, even
though it appears from the use of the scale to be in the commercial,
business or industrial district, shall be governed by the use prevailing
on that street in that block. It is the purpose of these regulations
to limit the commercial, business and industrial use and to prohibit
commercial, business or industrial uses from facing or fronting the
street zoned for residential use.
4.
In all cases of ambiguity or uncertainty, the Board of Adjustment
shall have the authority to determine on which street the commercial,
business or industrial use shall face or front, so that the spirit
of these regulations shall be observed, public safety and welfare
secured, and substantial justice done.
[R.O. 2009 § 17.06.050; Prior Code § 10-123(a); Ord. No. 6220, 4-26-2021]
The Council may from time to time amend, supplement or change
the boundaries of districts or the regulations established in this
Chapter. Any proposed amendment, supplement or change shall first
be submitted to the Planning and Zoning Commission for its recommendation
and report. Prior to approval of any rezone application, a determination
must be made that the application meets the spirit and intent of the
City Comprehensive Plan and the rezone request does not constitute
spot zoning. There must be a clear showing of a reasonable basis for
such action. Factors to be considered in determining whether such
a reasonable basis exists are a change in conditions in the immediate
area, particular characteristics of the area being rezoned and the
classification and development of nearby property. Actual site of
the tract to be rezoned is a factor, but is not limiting in and of
itself.
[R.O. 2009 § 17.06.060; Prior Code § 10-123(6); Ord. No. 6220, 4-26-2021]
A public hearing shall be held by the City Council before adoption
of any proposed amendment, supplement or change. Notice of such hearings
shall be given by publication in some local newspaper of general circulation,
stating the time and place of such hearing which shall not be earlier
than fifteen (15) days from the date of such application.
[R.O. 2009 § 17.06.070; Ord. No. 6220, 4-26-2021]
Applications or requests for rezoning may be initiated by individual
citizens, municipal officials, the Planning and Zoning Commission,
the Board of Adjustment or the City Council. The application or request
shall include a written statement outlining the specific nature of
the request, a verified list containing the names and addresses of
all persons, firms or corporations who own property or real estate
within the subject area within one hundred eighty-five (185) feet
of the subject area, all of whom shall be mailed a notice of such
hearing within the time and under the conditions provided above with
respect to publication of the hearing. A fee of thirty-five dollars
($35.00), plus postage cost, associated with mailing letters to property
owners must accompany the request. The fee will cover the costs of
publication and other incidental expenses associated with processing
the application. The application and associated fees will be processed
through and filed with the Planning Division. The City Planning Coordinator
will in turn submit all required information to the Planning and Zoning
Commission for its consideration and recommendation. The Planning
and Zoning Commission will forward the application and the Commission's
recommendation to the City Council for action.
[R.O. 2009 § 17.06.080; Ord. No. 6220, 4-26-2021]
Actions taken by the Planning and Zoning Commission and the
City Council shall be in conformity with the provisions of Title 7,
Chapter 89, RSMo., as amended.
