[R.O. 2017 § 400.010; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
This Chapter shall be known and may
be cited as the "City of Battlefield Zoning Regulations."
[R.O. 2017 § 400.020; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
This Chapter is adopted pursuant to the
authority contained in Chapter 89, RSMo.
B.
The purpose of this Chapter is to protect
the public health, safety and general welfare, to promote good planning
and land development practice, to conserve the City's resources, to
facilitate the provision of adequate public improvements and to promote
efficient expenditure of public financial resources.
C.
The provisions of this Chapter shall be
administered to ensure orderly growth and development of the City
and shall supplement and implement the policies of the City of Battlefield
Comprehensive Plan, other planning documents and the capital budget.
[R.O. 2017 § 400.030; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
This Chapter shall be effective throughout
the City's planning jurisdiction which comprises the area within the
corporate boundaries of the City of Battlefield.
[R.O. 2017 § 400.040; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
This Chapter shall be in full force
and effect from and after passage.
[R.O. 2017 § 400.050; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
Reasonable fees to cover the costs of administration,
inspection, publication of notice and similar matters may be charged
to applicants for zoning amendments, special use permits, conditional
use permits, sign permits, appeals and variances. A list of all established
fees related to the requirements of this Chapter is available at the
Battlefield City Hall.
[R.O. 2017 § 400.060; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
The burden of proof shall be upon
the applicant in all proceedings pursuant to this Chapter. It is presumed
that the applicant has knowledge of the requirements of this Chapter
and the applicant is obligated to meet the requirements unless a variance
is granted. Failure to meet the requirements is one (1) reason for
denial of an application.
[R.O. 2017 § 400.070; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
In their interpretation and application,
the provisions of this Chapter shall be the minimum requirements.
More stringent provisions may be required if it is demonstrated that
different standards are necessary to promote the public health, safety
and general welfare.
B.
Where the conditions imposed by any provision
of this Chapter are either more restrictive or less restrictive than
conditions imposed by any other provision of this Chapter or other
applicable law, ordinance, rule or regulation, the regulations which
are more restrictive and which impose a higher standard shall govern.
C.
The provisions of this Chapter are separable.
If any Section, sentence, clause or phrase of this Chapter is for
any reason held to be invalid by a court of competent jurisdiction,
the decision shall not affect the remaining portions of this Chapter.
[R.O. 2017 § 400.080; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
Nothing in this Chapter shall be construed
to require any change in the plans, construction or designated use
of any structure or building provided that:
[R.O. 2017 § 400.090; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
Application To Existing Uses, Buildings And Structures. Except as hereinafter specified, any use, building or structure that does not conform to the regulations and restrictions of this Chapter, but which was lawful when established or constructed, may be continued subject to the limitations of Article VII, Non-Conforming Uses, Lots and Buildings.
B.
Application To Open/Undeveloped Land. If
any use of open land is established or if any use of open land is
changed to another use after the effective date of this Chapter, then
the new use shall comply with all the regulations of this Chapter.
C.
Permitted Uses. No building or structure
shall be built, moved, expanded or enlarged and no building, structure
or land shall be used, occupied or designed for use or occupancy after
the effective date of this Chapter except for a use that is permitted
within the zoning district in which the structure or land is located.
D.
New Structures. All structures built hereafter
shall conform to all applicable regulations herein. Any structure
moved from one site to another site shall be considered to be a structure
built hereafter.
E.
New Uses Of Existing Structures. Unless otherwise provided for in Article VII, if a use of any structure is hereafter changed to another use, then the new use must comply with the use regulations of the zoning district in which the structure is located.
F.
Conditional Uses. No use of a building, structure or land designated as a conditional use shall be established after the effective date of this Chapter unless a conditional use permit has been granted in accordance with the provisions of Article III, Administrative Procedures.
G.
Temporary Structures And Uses. Temporary structures and uses are permitted in accordance with the use regulations of the zoning district in which the use is located and in conformity with the requirements of Article VI, Supplemental Use Regulations.
H.
Accessory Structures And Uses. No accessory structure or use shall hereafter be built, moved, remodeled, established or enlarged unless such accessory structure or use is permitted by Article VI, Supplemental Use Regulations.
I.
Expansion Or Enlargement. Unless otherwise provided for in Article VII, Non-Conforming Uses, Lots and Buildings, if any structure is hereafter expanded or enlarged:
1.
The entire structure shall comply
with the use regulations of the zoning district in which it is located.
2.
Any alterations of, enlargements
of or additions to the structure shall comply with the bulk and open
space regulations of the zoning district in which it is located.
3.
The off-street parking facilities
shall not be reduced below the requirements applicable to a similar
new structure or use.
J.
Lot Size Requirements. Unless otherwise provided for in Article VII, no structure or part thereof shall hereafter be built, moved, expanded or enlarged and no land that is vacant on the effective date of this Chapter shall be used, occupied or designed for use or occupancy:
1.
On a lot that is smaller in area
than the minimum lot area or minimum lot area per dwelling unit required
in the zoning district in which the structure or land is located;
or
2.
On a lot that is narrower than the
minimum lot width or shallower than the minimum lot depth required
in the zoning district in which the structure or land is located.
3.
No existing structure shall hereafter
be expanded or enlarged so as to conflict or further conflict with
the lot area requirements for the zoning district in which the structure
is located.
K.
Bulk Regulations. Unless otherwise provided
for in this Chapter, no structure or part thereof shall hereafter
be built, moved, expanded or enlarged and no land vacant at the effective
date of this Chapter shall be used, occupied or designed for use or
occupancy so as to exceed the maximum lot coverage percentage, the
maximum height or the maximum floor area ratio specified for the zoning
district in which the structure is located; or so as to provide any
setback or front, side or rear yard that is less than that specified
for the zoning district in which such structure is located.
L.
Number Of Structures On Lots. 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)
principal building on one (1) lot except as specifically provided
hereinafter.
M.
Off-Street Parking And Loading. No building shall be erected, converted, enlarged, structurally altered or moved, except in conformity with the off-street parking and loading regulations of the zoning district in which such building is located and in conformity with Article IX, Parking And Loading Area Requirements.
