[Ord. No. 2000-46 §1(20-00), 4-10-2000]
All territory which may hereafter be included within the zoning
jurisdiction of Chillicothe, Missouri, shall be governed by and subject
to the requirements of the Open Space Floodplain District or otherwise
conform to the land use category shown on the plan, until such time
as the zoning district shall have been amended to rezone such territory
otherwise.
[Ord. No. 2000-46 §1(20-01), 4-10-2000]
Nothing herein contained shall require any change in plans,
construction or designated use of a building actually under construction
at the time of effective date of these regulations.
[Ord. No. 2000-46 §1(20-02), 4-10-2000]
Adult uses, as defined herein, are not permitted in the City
of Chillicothe except by the granting of a conditional use permit
and are only permitted by such permit in the "C-3" Highway Commercial
Zone District.
[Ord. No. 2000-46 §1(20-03), 4-10-2000]
On any lot of record in any district, so recorded prior to enactment
of the zoning regulations adopted, a structure may be erected even
though the lot be of less area or width than required by the regulations
of the district in which the lot is located, provided all other area
requirements are met and that in no case the lot is less than thirty-five
(35) feet in width.
[Ord. No. 2000-46 §1(20-04), 4-10-2000]
A. The
policy of the City of Chillicothe is to encourage manufactured home
siting in designated manufactured home parks. The manufactured home
parks shall conform to the following requirements:
1. The park shall be located on a well-drained site, properly graded
to insure rapid drainage and freedom from stagnant pools of water.
2. Manufactured home spaces shall be provided consisting of a minimum
of three thousand (3,000) square feet for each space which shall be
at least fifty (50) feet wide and clearly defined.
3. Manufactured homes shall be so harbored on each space that there
shall be at least a thirty (30) foot clearance between mobile homes.
4. All manufactured home spaces shall abut a driveway of not less than
twenty (20) feet in width, which shall have unobstructed access to
a public street.
5. At least two (2) vehicle parking spaces of four hundred (400) square
feet in the aggregate shall be provided for each manufactured home
space.
6. A City electrical outlet, City water and City sanitary sewer shall
be provided each manufactured home space.
[Ord. No. 2000-46 §1(12-05), 4-10-2000]
Except as hereinafter provided, no building, structure or land
shall hereafter be used or occupied and no building or structure or
part thereof shall hereafter be erected, constructed, reconstructed,
moved or structurally altered unless in conformity with all of the
regulations herein specified for the district in which it is located.
[Ord. No. 2000-46 §1(20-06), 4-10-2000]
No yard or lot existing at the time of passage of this Article
shall be reduced in size or area below the minimum requirements set
forth herein. Yards or lots created after the effective date of this
Article shall meet at least the minimum requirements established by
this Article.
[Ord. No. 2000-46 §1(20-07), 4-10-2000]
The provisions of this Article shall be construed to be minimum
requirements. Wherever there exists a conflict between this Article
and any other lawfully adopted rules, regulations, ordinances, deed
restrictions or covenants, the most restrictive requirements shall
govern.
[Ord. No. 2000-46 §1(20-08), 4-10-2000]
The required yard space for each building, structure or use
shall fall entirely upon land within a district or districts in which
the use is permitted.
[Ord. No. 2000-46 §1(20-09), 4-10-2000]
A. The
following projections may be permitted into any front, rear or side
yard.
1. Cornices, sills, eaves and other ornamental features to a distance
of not more than two (2) feet six (6) inches.
2. Fire escapes to a distance of not more than four (4) feet six (6)
inches.
3. Uncovered stairways and necessary landings to a distance of not more
than four (4) feet six (6) inches, provided such stair and landing
shall not extend above the entrance floor of the building except for
a railing not to exceed three (3) feet in height.
4. Bay windows and chimneys to a distance of not more than three (3)
feet, provided that such features do not occupy, in the aggregate,
more than one-third (1/3) the length of the building wall on which
they are located.
5. Terraces and uncovered porches, when constructed more than six (6)
inches above the ground level at the nearest lot line, to a distance
of not more than two (2) feet six (6) inches, provided said terraces
and porches do not extend more than three (3) feet above the floor
level of the ground story.
6. Canopies to a distance of not more than two (2) feet six (6) inches.
7. Balconies in "R" districts to a distance of not more than three (3)
feet into yards of less than twenty (20) feet and to a distance of
not more than six (6) feet into yards of more than twenty (20) feet,
provided that said balconies do not occupy, in the aggregate, more
than one-third (1/3) the length of the building on which they are
located.
[Ord. No. 2000-46 §1(20-10), 4-10-2000]
A. When
building an addition to an existing structure, a variance shall not
be required, provided that the proposed addition will not be located
any closer to the lot lines than permissible. The structure and addition
shall not cover more than the maximum allowable percentage of that
district.
B. A
variance will be required should the proposed addition be located
closer to the property lines than any portion of the existing structure,
unless the normal setbacks can be observed in the zoning district
in which the structure is located.
[Ord. No. 2000-46 §1(20-11), 4-10-2000; Ord. No. 2010-47 §1(17-4 (2,
w)), 5-10-2010]
A. A
private swimming pool shall include a pool, pond, lake or open tank
not located within a completely enclosed building and containing or
normally capable of containing water to a depth at any point greater
than one and one-half (1½) feet. No such swimming pool shall
be allowed in any district unless it complies with the following conditions
and requirements:
1. It may not be located, including any walks or paved areas or accessory
structures adjacent thereto, closer than five (5) feet to any property
line of the property to which it is located.
2. The swimming pool, or the entire property on which it is located,
shall be so walled or fenced as to prevent uncontrolled access by
children from the street or adjacent properties.
3. The pool shall further be screened by, at minimum, a masonry wall,
fence or compact hedge five (5) feet in height and maintained in good
condition.
4. A swimming pool or any other pool of water that is more than eighteen
(18) inches deep that is not enclosed by a permanent fence at least
sixty (60) inches in height with a lockable gate. Said gate which
is left unlocked when pool is not in use will constitute a public
nuisance.
[Ord. No. 2000-46 §1(20-12), 4-10-2000]
Temporary buildings that are used in conjunction with construction
work only may be permitted in any district during the period that
the building is being constructed, but such temporary buildings shall
be removed upon completion of the construction work.
[Ord. No. 2000-46 §1(20-13), 4-10-2000]
Notwithstanding any other ordinance provisions to the contrary
on a lot occupied by a church or other building in which persons congregate
or which is designed, arranged, remodeled or normally used for the
congregation of persons in numbers in excess of twenty-five (25),
the width of each side or rear yard shall be not less than twenty-five
(25) feet.
[Ord. No. 2000-46 §1(20-14), 4-10-2000]
A. On
a corner lot no fence, plant or other obstruction more than three
(3) feet in height above the plane of the established grades of the
street shall be erected on any part of the front yard or side yard
herein established that is included within the street lines of intersecting
streets and a line connecting such street lines at a point which is
twenty (20) feet from their point of intersection, measured along
such street lines and no planting of foliage shall be placed or maintained
within such area that in the judgment of the Zoning Inspector will
materially obstruct the view of a driver or a vehicle approaching
the street intersection.
B. No
fence which is more than six (6) feet in height above the plane of
the finished grade of the lots at the division line between lots shall
be erected along such division line unless no part of such fence is
within twenty (20) feet of any residence building on such lot or abutting
lot and in no instance shall fence be nearer than twenty (20) feet
to any street line.
[Ord. No. 2000-46 §1(20-15), 4-10-2000]
No person shall maintain, install, construct, erect or permit,
on any property within the City, except as otherwise provided in this
Chapter, the parking or standing of a trailer intended for, or used
for, lodging, dwelling or sleeping for a period exceeding seven (7)
days. Unoccupied trailers ordinarily used primarily for living purposes
may be stored inside a building and such unoccupied trailers may be
temporarily parked outside. The length of time which an unoccupied
trailer or motor home may be parked outside shall not exceed a total
of fifteen (15) days in any three (3) successive months. The storage
of unoccupied trailers and other vehicles designed for recreational
use is permitted within a building or in the open in a rear yard,
but not between properties.
[Ord. No. 2000-46 §1(20-16), 4-10-2000]
In any zone district where a public sanitary sewer is not accessible,
the Zoning Officer may require the lot area and frontage requirements
to conform to the provisions of State health regulations in lieu of
the applicable provisions of this Chapter.
[Ord. No. 2000-46 §1(20-17), 4-10-2000]
The person or persons designated as the municipal representative
charged with carrying out the provisions of this Chapter and with
assisting the City in carrying out the City land use plan, subdivision
ordinance and other related tasks and authorities.
[Ord. No. 2000-46 §1(20-18), 4-10-2000]
The Zoning Officer, upon instructions from the City Council,
shall have the authority to petition the Circuit Court for injunctive
relief against continued violations of any of the provisions of this
Chapter.
[Ord. No. 2000-46 §1(20-19), 4-10-2000]
A. The
Planning and Zoning Commission may, at its discretion and based upon
recommendations from the Zoning Administrator, City Manager, City
Health Officer or Chief of the Fire Department, require any or all
of the following special matters in any zone district:
1. Landscaping. All open areas disturbed by grading
or construction activities at any site, lot, tract or parcel shall
be contoured to provide drainage and, except for areas used for parking,
drives or storage, shall be landscaped with trees, shrubs or planted
ground cover. Such landscaping shall conform with the planting plan
approved at the time the building permit was issued. It shall be the
owner's responsibility to see that this landscaping is maintained
in an attractive and well kept condition. All adjacent vacant lots,
tracts or parcels under the same ownership shall also be properly
maintained.
2. Screening. All principal, accessory and special
uses, except business signs which are situated within fifty (50) feet
of a residential district, shall be screened and buffered from such
district by a separation of open space which shall have a minimum
depth of thirty (30) feet and shall include a required fence or vegetative
screening of not less than ninety percent (90%) opacity and not less
than six (6) feet above the level of the residential district property
at the district boundary. Walls or fences of lesser heights of planting
screens may be permitted by the Planning and Zoning Commission if
there is a finding that the nature or extent of this use being screened
is such that a lesser degree of screening will as adequately promote
and protect the use and enjoyment of the properties within the adjacent
residential district or there is a finding that a screening of the
type required by this Chapter would interfere with the provisions
of adequate amounts of light and air to same said properties. All
required screening devices shall be designed so that they are architecturally
harmonious with the principal structures on the site and they shall
be properly maintained so as not to become unsightly, hazardous or
less opaque than when originally constructed.
3. Storage. The storage of combustible or flammable
materials will be a minimum two hundred (200) feet from any residential
district. All above ground storage tanks for combustible or noxious
materials shall be diked and shall meet the minimum requirements of
the appropriate Federal or State regulatory agencies.
4. Soil erosion and sedimentation control measures. In order to curtail soil erosion, a sedimentation control plan consistent
with State and/or Federal regulations shall be required as part of
an application for a building permit whenever a development proposal
will involve clearing, grading, transporting or other form of land
disturbance by the movement of earth, including the mining of minerals,
gravel or sand, provided that any one (1) of the following descriptions
applies to said movement of land:
a. Excavation, fill or any combination thereof will exceed five hundred
(500) cubic yards.
b. Fill will exceed three (3) feet in vertical depth as measured from
the natural ground surface.
c. Excavation, fill or any combination thereof will exceed an area of
five thousand (5,000) square feet.
d. Plant and/or tree cover is to be removed from an area exceeding five
thousand (5,000) square feet on any parcel of land.
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Such erosion or sedimentation control plan shall set forth the
proposed disturbance and shall detail any protective measures designed
to minimize erosion. The City Planning and Zoning Commission shall
review the applicant's proposed sedimentation control plan and may
accept the plan or may require additional specific measures designed
to reasonably curtail the loss of soil from excavated site.
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[Ord. No. 2000-46 §1(20-20), 4-10-2000]
The State of Missouri requires a land disruption (erosion, sedimentation,
storm water runoff, etc.) permit for every activity creating land
surface modifications or resulting in an impervious surface equal
to or greater than one (1) acre size. The Zoning Administrator shall
require applicants to show that the requirements for a "land disturbance
permit" have been fulfilled.
[Ord. No. 2000-46 §1(20-21), 4-10-2000]
Where manufactured home lots rented to tenants in a manufactured
home park in any district are proposed to be converted to separate
lots or parcels, the minimum lot area and setbacks of the proposed
lots or parcels may correspond to those of the manufactured home lots
existing prior to the conversion.