[Ord. No. 636 Zoning Art. XI §1101, 2-7-1968; Ord. No. 861 §10, 8-11-1994; Ord. No. 866 §1, 9-8-1994]
A. Upon
application, pursuant to the provisions of this Article and the rules
and procedure of the Board of Adjustment, said Board shall grant or
refuse special exceptions in accordance with the standards of this
Article and the intent of this Article. In granting any special exception,
the Board shall authorize the issuance of a building permit and may
prescribe and impose appropriate conditions and safeguards, including
a specified time limit for the building permit.
1. Standards. Special exceptions shall be authorized
only if they meet the following standards:
a. Fire hazard. The use shall not include any activity
involving the use or storage of flammable or explosive material unless
protected by adequate fire-fighting and fire-suppression equipment
and by such safety devices as are normally used in the handling of
any such material.
b. Noise. The use shall not include noise which is
objectionable due to volume, frequency or beat unless muffled or otherwise
controlled.
c. Vibration. The use shall not include vibration which
is discernible without instruments on any adjoining lot or property.
d. Air pollution. The use shall not involve any pollution
of air by fly ash, dust, vapors or other substances which are harmful
to health, animals, vegetation or other property or which can cause
soiling, discomfort or irritation.
e. Odors. The use shall not involve any malodorous
gas or matter which is discernible on any adjoining lot or property.
f. Glare. The use shall not involve any direct or reflected
glare that is visible from any adjoining property or from any public
street, road or highway.
g. Traffic hazard. The use shall not involve any activity
substantially increasing the movement of traffic on public streets
unless procedures are instituted to limit traffic hazards and congestion.
h. Overtaxing of public utilities and facilities. The
use shall not involve any activity substantially increasing the burden
on any public utilities or facilities, unless provision is made for
any necessary adjustments.
i. Character of neighborhood. The use shall not involve
any activity not in character with the majority of the uses in the
neighborhood unless, by design, setback, nature of operation and other
devices, the character of the neighborhood will be maintained.
j. General welfare of the community. The use shall
not involve any activity which adversely affects the general welfare
of the community.
2. Mobile homes. If the Board of Adjustment, pursuant to the standards, rules and procedures under Article
XII "Board of Adjustment" of this Chapter, grants a variance for a mobile home or mobile home park to be located in an "R-1" Residential District, then the minimum standards for such placement shall meet all of the applicable following criteria:
a. All mobile home parks shall include lots for at least two (2) mobile
homes and in no case shall the density exceed eleven (11) mobile home
sites per acre.
b. Mobile home spaces within a mobile home park shall abut upon a driveway
or accessway of not less than twenty (20) feet in width. The area
occupied by the road shall not fulfill part of the area requirements
for any lot.
c. In a mobile home park no mobile home shall be located closer than
fifteen (15) feet to another mobile home.
d. A mobile home park shall abut a street of the City of Mound City,
Missouri, for at least sixty (60) feet.
e. Any mobile home whether in a mobile home park or located on a lot
or tract shall have a lot of at least three thousand (3,000) square
feet if connected to a public sewer or nine thousand (9,000) square
feet if not connected to a public sewer.
f. No mobile home whether in a mobile home park or located on a lot
or tract shall be parked closer to the street than the required front
yard setback or closer than eight (8) feet to any property line.
g. In a mobile home park no less than one (1) automobile parking space
shall be provided on every mobile home lot.
h. All applicable State, County and City sanitation, health and safety
regulations and codes shall be strictly observed.
3. Special uses. The Board of Adjustment, subject to
conditions and protective restrictions as set forth in Section 405.410(1),
authorize the following special uses in any zoning district.
a. Radio, TV and telephone transmission towers.
b. Expansion of railroads and appurtenances.
c. Removal of gravel, topsoil or similar natural material, with safeguards
for the protection of adjoining property and the community as a whole.
d. Roadside stands, commercial amusements or recreational developments
for temporary or seasonal periods.
[Ord. No. 636 Zoning Art. XI §1102, 2-7-1968]
Where the owner of a lot of official record in any district
at the time of the adoption of this Chapter or his/her successor in
title thereto does not own sufficient contiguous land to enable him/her
to conform to the minimum lot size requirements of this Chapter, such
lot may be used as a building site provided that said lot requirements
are not reduced below the minimums specified in this Chapter by more
than twenty percent (20%). If, however, the owner of two (2) or more
adjoining lots with insufficient land dimensions decides to build
on or sell said lots, he/she must first combine said lots to comply
with the dimensional requirements of the Chapter. Any lot requiring
dimensional variances below the twenty percent (20%) minimum set forth
in this Section shall be approved by the Board, provided that further
decreased dimensional requirements shall conform as closely as possible
to the required dimensions.
[Ord. No. 636 Zoning Art. XI §1103, 2-7-1968]
The front yard depth requirements of this Chapter for dwellings
shall not apply to any lot where the average setback of existing buildings
located wholly or partially within one hundred (100) feet on either
side of the proposed dwelling and on the same side of the same block
and use districts and fronting on the same street as such lot, is
less than the minimum required front yard depth. In such case the
setback on such lots may be less than the required setback, but not
less than the average of the existing setbacks on the aforementioned
lots or a distance of ten (10) feet from the street right-of-way line,
whichever is greater.
[Ord. No. 636 Zoning Art. XI §1104, 2-7-1968]
The required side yard shall be maintained on each side of a
dwelling but such side yard may be reduced to ten percent (10%) of
the lot width on lots of less than sixty (60) feet in width, provided
however, that no side yard shall be less than five (5) feet. For the
purpose of side yard regulations, a two-family or multiple-family
dwelling shall be considered as one (1) building occupying one (1)
lot.
[Ord. No. 636 Zoning Art. XI §1105, 2-7-1968]
The required rear yard may be reduced to twenty percent (20%)
of the depth of the lot on any lot not exceeding one hundred (100)
feet in depth. An accessory building may be built within a required
rear yard when located at least five (5) feet from the rear lot line
and when occupying not more than thirty percent (30%) of the area
of such required rear yard.
[Ord. No. 636 Zoning Art. XI §1106, 2-7-1968]
A. Every
part of a required yard or court shall be open from its lowest point
to the sky unobstructed, except for:
1. The ordinary projection of sills, belt courses, cornices and ornamental
features may be permitted but not to exceed more than twenty-four
(24) inches in any required yard.
2. An open, uncovered porch or paved terrace may extend not more than
ten (10) feet into any required yard and not closer than five (5)
feet to any lot line.
3. Open or enclosed fire escapes, fireproof outside stairways and balconies
may be permitted but may not project into a yard or court for more
than fifty percent (50%) of the required yard.
[Ord. No. 636 Zoning Art. XI §1107, 2-7-1968]
On corner lots, the side yard on that side of the lot abutting
the side street shall not be less than fifteen (15) feet. Accessory
buildings on the side of the lot abutting the side street shall not
be closer to the lot line abutting on that side street than the distance
specified for front yards of lots fronting on such side street.
[Ord. No. 636 Zoning Art. XI §1108, 2-7-1968]
On a corner lot in any residential district, no planting, structure,
sign, fence, wall or obstruction to vision between the range of three
(3) feet and eight (8) feet in height measured from the centerline
of the street shall be placed or maintained within the triangular
area formed by the intersecting street right-of-way lines and a straight
line connecting points on said street right-of-way line each of which
is thirty-five (35) feet distance from the point of intersection.
[Ord. No. 636 Zoning Art. XI §1109, 2-7-1968]
A. The
height limitations of this Chapter shall not apply to chimneys, cooling
or water towers, elevators, bulkheads, fire towers, monuments, stacks,
stage towers, tanks, spires, church steeples, radio towers or necessary
mechanical apparatus, except as otherwise provided in the vicinity
of airports.
B. Public,
semi-public or public-service buildings, hospitals, institutions,
churches and schools, when permitted in a district, may be erected
to a height not exceeding seventy (70) feet provided that all required
yards are increased by one (1) foot for each foot of building height
above the height limit otherwise provided.
[Ord. No. 636 Zoning Art. XI §1110, 2-7-1968]
A. In
the case of one (1) or more buildings to be constructed on a plot
of ground of at least one (1) acre not subdivided into the customary
streets and lots and which will not be so subdivided, the application
of the terms of this Chapter may be varied by the Board in a manner
that will be in harmony with the character of the neighborhood, provided:
1. Such uses are limited to those permitted within the zoning district
in which the project is located;
2. The overall intensity of land use is no higher and the standard of
open space is no lower than that permitted in the district in which
the project is located;
3. The distance of every building from the nearest property line shall
meet the front, side and rear yard requirements of the district in
which the project is located;
4. If the property lies within or abuts upon a residential district
and is to be used for a non-residential purpose, there shall be a
densely planted buffer strip at least ten (10) feet in height along
the rear and/or side lot lines abutting the residential properties.
No such buffer shall, however, extend nearer to a street right-of-way
line than the established building line of the adjoining residential
lot.
[Ord. No. 861 §11, 8-11-1994; Ord. No. 866 §2, 9-8-1994]
A. Mobile
homes or mobile home parks may be located in an "R-2" Residential
District, "C-1" Commercial District or an "I-1" Industrial District
provided that the proposed use meets all of the following criteria:
1. All mobile home parks shall include lots for at least two (2) mobile
homes and in no case shall the density exceed eleven (11) mobile home
sites per acre.
2. Mobile home spaces within a mobile home park shall abut upon a driveway
or accessway of not less than twenty (20) feet in width. The area
occupied by the road shall not fulfill part of the area requirements
for any lot.
3. A mobile home park shall abut a street of the City of Mound City,
Missouri, for at least sixty (60) feet.
4. In a mobile hone park no mobile home shall be located closer than
fifteen (15) feet to another mobile home.
5. Any mobile home whether located in a mobile home park or on a lot
or tract shall have a lot of at least three thousand (3,000) square
feet if connected to a public sewer or nine thousand (9,000) square
feet if not connected to a public sewer.
6. No mobile home whether located in a mobile home park or on a lot
or tract shall be parked closer to the street than the required front
yard setback or closer than eight (8) feet to any property line.
7. In a mobile home park no less than one (1) automobile parking space
shall be provided on every mobile home lot.
8. All applicable State, County and City sanitation, health and safety
regulations and codes shall be strictly observed.