[Ord. No. 1997-308 §II Art. I(1), 1-6-1998]
This Chapter shall be known and may be cited as "The City of
Goodman, Missouri, Zoning Code".
[Ord. No. 1997-308 §II Art. I(2), 1-6-1998]
In order to promote the health, safety, morals, comfort and
general welfare; to conserve and protect property and property values;
to secure proper use of land; to facilitate adequate and economical
public improvements and services; and to lessen or avoid congestion
on the public streets; the following regulations and zones are imposed
on the City of Goodman, Missouri.
[Ord. No. 1997-308 §II Art. I(3), 1-6-1998; Ord. No. 2014-458 §1, 7-15-2014]
For the purposes of this Chapter, certain terms and words are
hereby defined as follows:
The words "used for" includes "designed for" and vice versa;
words used in the present tense include the future; words in the singular
number include the plural number and vice versa; the word "building"
includes the word "structure"; the word "dwelling" includes the word
"residence" and the word "lot" includes the word "plot".
A building customarily incidental and subordinate to the
main building and located on the same lot with the main building.
A use incidental to the principal use of a building. In buildings
restricted for residential use, an office used for family occupations
and workshops not conducted for compensation shall be deemed accessory
uses.
The growing of crops in the open and the raising of such
stock and poultry as are incidental to the acreage farmed; provided,
however, that such land shall consist of at least ten (10) acres in
one (1) parcel or in contiguous parcels under common ownership or
operation. The feeding or disposal of community or collected garbage
shall not be deemed an agricultural use, nor shall the raising of
fur-bearing animals, riding academies, livery or breeding stables
or dog kennels be so considered.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the existing facilities, or an enlargement
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
A building arranged, intended or designed to be occupied
by three (3) or more families living independently of each other.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps.
The total area within the property lines excluding external
streets and utility easements.
A story partly or wholly underground. For purposes of height
measurement, a basement shall be counted as a story where more than
one-half (1/2) of its height is above the average level of the adjoining
ground.
Any sign or advertisement used as an outdoor display for
the purpose of making anything known, the origin or point of sale
of which is remote from said display.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
Any place, home or institution which receives five (5) or
more children under the age of sixteen (16) years, and not of common
parentage, for care apart from their natural parents, legal guardians
or custodians, when received for regular periods of time for compensation;
provided, however, this definition shall not include public and private
schools organized, operated or approved under the laws of this State,
custody of children fixed by a court of competent jurisdiction, children
related by blood or marriage within the third degree of the custodial
person, or to churches or other religious or public institutions caring
for children within the institutional building while their parents
or legal guardians are attending services or meetings or classes or
are engaged in church activities.
A long-range master plan for area development, including
studies of land use, traffic volume and flow, schools, parks and other
public buildings.
That percentage of the plot or lot area covered by the building
area.
See definition of "dog kennel," Chapter 205.
A lot or land or part thereof used primarily for the disposal
by abandonment, dumping, burial, burning, or any other means and for
whatever purpose of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof, or waste material of any kind.
A building used entirely for residential purposes and it
must:
Have a roof pitch of no less than three (3) inches of vertical
rise to each twelve (12) inches of horizontal run.
Have roofing materials consisting of composition asphalt shingle,
fiberglass shingle, wood shake, baked tile or crushed rock.
Have a roof overhang of not less than one (1) foot measured
from the vertical side of the home. When attached carports, garages,
porches or similar structures are an integral part of the home, this
overhang may be waived where the accessory structure is attached to
the home.
Have siding material consisting of wood or wood products, stucco,
brick, horizontal lap steel or aluminum, horizontal lap vinyl or rock.
Have proper guttering attached.
A building or portion of a building designed for or occupied
by more than two (2) families living independently of each other.
A detached building designed exclusively for occupancy by one
(1) family which shall include, but not be limited to, any home in
which eight (8) or fewer unrelated mentally or physically handicapped
persons reside and may include two (2) additional persons acting as
house parents or guardians who need not be related to each other or
to any of the mentally or physically handicapped residing in the home;
and any private residence licensed by the Division of Family Services
or Department of Mental Health to provide foster care to one (1) or
more but less than seven (7) children who are unrelated to either
foster parent by blood, marriage or adoption. All single-family dwellings
must have an exterior dimension, excluding garages, carports and accessory
buildings, of not less than twenty-four (24) by forty (40) feet.
Single-family dwelling includes a manufactured or modular unit
which, when placed on site:
Is permanently installed on a properly engineered, enclosed
foundation system in accordance with the BOCA Basic Building Code
and approved by the Building Inspector. The Building Inspector may
require a plan to be certified by a registered architect or engineer.
At the Building Inspector's discretion, the Building Inspector
may or may not issue a building permit based upon code enforcement
procedures contained in this Code.
Is installed in accordance with the manufacturer's instruction
with axles, running gear, lights and towing apparatus removed.
A building designed exclusively for occupancy by two (2)
families living independently of each other, including a duplex [one
(1) dwelling unit above the other] or a semidetached dwelling [one
(1) dwelling unit beside the other].
An individual or married couple and the children thereof
and no more than two (2) other persons related directly to the individual
or married couple by blood or marriage, occupying a single housekeeping
unit with single kitchen facilities, used on a non-profit basis. A
family may include not more than one (1) additional person not related
to the family by blood or marriage, provided that such additional
person may be provided with sleeping accommodations but not with kitchen
facilities.
Any area of land, including any structure or structures thereon,
that is or are used or designed to be used for the supply of gasoline
or oil or other fuel (not including liquid petroleum gases) for the
propulsion of vehicles.
All the property fronting on one (1) side of a street between
the two (2) nearest intersecting streets or other natural barriers.
Any garage not a private garage and which is used for storage,
repair, rental, servicing or supplying of gasoline or oil to motor
vehicles.
Any occupation or profession carried on by the inhabitants
which is clearly incidental and secondary to the use of the dwelling
for dwelling purposes, which does not change the character thereof,
and which is conducted entirely within the main or accessory buildings;
provided that no trading in merchandise is carried on and in connection
with which there is no display of merchandise or sign other than one
(1) non-illuminated nameplate not more than two (2) square feet in
area attached to the main or accessory building, and no mechanical
equipment is used or activity is conducted which creates any noise,
dust, odor or electrical disturbance beyond the confines of the lot
on which said occupation is conducted. No more than twenty percent
(20%) of the usable floor area shall be devoted to such occupation.
A building used for the diagnosis, treatment or other care
of human ailments, unless otherwise specified.
Any building or portion thereof which contains guest rooms
which are designed or intended to be used, let or hired out for occupancy
by, or which are occupied by ten (10) or more individuals for compensation,
whether it be paid directly or indirectly.
Any portable or mobile vehicle used or designed to be used
for living purposes and with its wheels, rollers or skids in place.
A lot, land or structure or part thereof used primarily for
the collecting, storage and sale of waste paper, rags, scrap metal
or discarded material or for the collecting, dismantling, storage
and salvaging of machinery or vehicles not in running condition and
for the sale of parts thereof.
An off-street space or berth on the same lot with a building,
or contiguous to a group of buildings, for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials
and which abuts upon a street or other appropriate means of access.
Land occupied or to be occupied by a building, or unit group
of buildings, and accessory buildings, together with such yards and
lot area as are required by this Chapter, and having its principal
frontage upon a street or a place approved by the Commission.
A lot or portion thereof not greater than one hundred (100)
feet in width and situated at the intersection of two (2) or more
streets, having an angle of intersection of not more than one hundred
thirty-five degrees (135°).
The horizontal distance between the front and rear lot lines,
measured along the median between the two (2) side lot lines.
The horizontal distance between the side lot lines, measured
at right angles to the lot depth at the building line.
A factory-fabricated transportable building unit designed
to be used by itself or to be incorporated with similar units at a
building site into a modular structure to be used for residential,
commercial, educational or industrial purposes and bearing a seal
issued by the United States Department of Housing and Urban Development
according to Section 700.010, RSMo., et seq., or meets current BOCA
standards.
A factory-built structure or structures which, in the traveling
mode, is eight (8) body feet or more in width or forty (40) body feet
or more in length or, when erected on site, contains three hundred
twenty (320) or more square feet, equipped with the necessary service
connections and made so as to be readily movable as a unit or units
on its or their own running gear and designed to be used as a dwelling
unit or units with or without a permanent foundation. The phrase "without
a permanent foundation" indicates that the support system is constructed
with the intent that the mobile home placed thereon may be moved from
time to time at the convenience of the owner.
Any area, tract or site or plot of land whereupon a minimum
of twenty-five (25) mobile homes as herein defined are placed, located
or maintained or intended to be placed, located or maintained for
dwelling purposes only and upon a permanent or semi-permanent basis.
A plot of ground within a mobile home community or park which
is designed for and designated as the location for only one (1) automobile
and one (1) mobile home and not used for any other purposes whatsoever
other than the customary accessory uses thereof.
A group of buildings including either separate cabins or
a row of cabins or rooms which:
A building or portion of a building arranged, intended or
designed to be used for making repairs to motor vehicles.
A building, structure or use of land existing at the time
of enactment of this Chapter (1973) or an amendment thereto which
renders a conforming use in existence at the time non-conforming and
which does not conform to the regulations of the district or zone
in which it is situated.
Space within or on a building or a private or public parking
area for the parking of one (1) automobile.
A map, plan or layout of a City, township, section or subdivision
indicating the location and boundaries of individual properties.
Any words, numerals, figures, devices, designs or trademarks
by which anything is made known, such as are used to designate an
individual, a firm, profession, business or a commodity and which
are visible from any public street or air.
That portion of a building included between the surface of
any floor and the surface of the next floor above it, or if there
be no floor above it, then the space between such floor and ceiling
next above it.
Any public or private right-of-way which affords the primary
means of access to abutting property.
All paved, unpaved and utility easements.
The legal line between a right-of-way and abutting property.
Anything constructed or erected which requires location on
the ground or attached to something having a location on the ground.
Land used or intended to be used by campers or for trailer
tents or movable dwellings; two (2) or more trailers, whether parked
or supported by donations, shall constitute a tourist camp.
A building or portion thereof designed exclusively for residential
occupancy by more than two (2) families living independently of each
other.
A vehicle or residence on wheels, skids or rollers without
motive power designed to be used for human habitation or for carrying
persons or property, including a trailer coach or house trailer.
The purpose for which land or a building is arranged, designed
or intended or for which either land or a building is or may be occupied
or maintained.
An open space other than a court on the same lot with a building
or group of buildings, which open space lies between the building
or group of buildings and the nearest lot line and is unoccupied and
unobstructed from the ground upward.
A yard extending across the full width of the lot, the depth
of which is the minimum horizontal distance between the front lot
line and a line parallel thereto on the lot.
A yard extending across the full width of the lot between
the nearest rear main building and the rear lot lines. The depth of
the required rear yard shall be measured horizontally from the nearest
part of a main building toward the nearest point of the rear lot lines.
A yard between a main building and the side lot line, extending
from the front yard, or front lot lines, where no front yard is required,
to the rear yard. The width of the required side yard shall be measured
horizontally from the nearest point of the side lot line toward the
nearest part of the main building.
[Ord. No. 1997-308 §II Art. I(4), 1-6-1998]
[Ord. No. 1997-308 §II Art. I(5), 1-6-1998]
A.
Said
districts are bounded and defined as shown on a map entitled Zoning
Map for the City of Goodman, Missouri, adopted by the Board of Aldermen
and certified by the City Clerk which accompanies and which, with
all explanatory matter thereon, is hereby made a part of this Title.
B.
The
Zoning Map shall be kept and maintained by the City Clerk and shall
be available for inspection and examination by members of the public
at all reasonable times as any other public record.
[Ord. No. 1997-308 §II Art. I(6), 1-6-1998]
A.
Where
uncertainty exists with respect to the boundaries of any of the aforesaid
districts, the following rules shall apply:
1.
Where district boundaries on the Zoning Map are indicated as approximately
following the centerlines of streets, streams, highways or railroads,
such boundaries shall be deemed to be located at such midpoints.
2.
Where district boundaries are so indicated that they approximately
follow lot lines or section lines, such lines shall be construed to
be said boundaries.
3.
Where the boundary of a district follows a stream, lake or other
body of water, said boundary lines shall be deemed to be at the limit
of the jurisdiction of the City of Goodman, unless otherwise indicated.
[Ord. No. 1997-308 §II Art. I(7), 1-6-1998]
Except as provided, it shall be unlawful to use any land or
building for any purpose other than is permitted in the district in
which such land or building is located. The lawful use of land or
buildings existing at the time of the passage of this ordinance (1997),
or an amendment thereto which renders a conforming use in existence
at the time, a non-conforming use although such does not conform to
the regulations, may be continued. A non-conforming building, structure
or portion thereof which is or hereafter becomes vacant and remains
unoccupied for a continuous period of six (6) months shall not thereafter
be occupied except by the uses which conform to the use regulations
of the district in which it is located. In those instances where a
non-conformity of use, land or building exists, clear intent upon
the part of the owner to abandon the non-conformity or non-conformities
shall thereafter render the said property to the use regulations of
the district in which it is located.
[Ord. No. 1997-308 §II Art. I(8), 1-6-1998]
A.
Except
as hereinafter provided:
1.
No building or land shall hereafter be used or occupied and no building
or part thereof shall be erected, moved or altered unless in conformity
with the regulations herein specified for the district in which it
is located.
2.
No building shall hereafter be erected or altered:
3.
No part of a yard or other open space required about any building
for the purpose of complying with provisions of this Section shall
be included as a part of a yard or other open space similarly required
for another building.
