[Code 1999 §405.010; CC 1979 §300.000; Ord. No. 471 §300.000, 5-11-1995]
For the purpose of promoting the health, safety, morals or general
welfare, these regulations are designed to lessen congestion in the
streets; to secure safety from fire, panic and other dangers; to provide
adequate light and air; to prevent overcrowding of land; to avoid
undue concentration of population and to facilitate the adequate provision
of transportation, water, sewerage, schools, parks and other public
requirements, all in accordance with the Comprehensive Plan of the
City of Seymour.
[Code 1999 §405.020; CC 1979 §300.000; Ord. No. 471 §300.000, 5-11-1995]
This Chapter shall apply to all land within the corporate limits
of the City of Seymour.
[Code 1999 §405.030; CC 1979 §300.000; Ord. No. 471 §300.000, 5-11-1995]
All territory which may hereafter be annexed to the City shall
be zoned "R-1" until such time as a public hearing is held and the
property is rezoned to another classification.
[Code 1999 §405.040; CC 1979 §§300.100 —
300.164; Ord. No. 471 §§300.100
— 300.164, 5-11-1995; Ord. No. 662 §1, 6-30-2011]
For the purposes of these regulations, the following terms and
words are hereby defined as follows:
Words used in the present tense shall include the future tense;
words in the singular include the plural and words in the plural include
the singular, except where the natural construction of the writing
indicates otherwise. The word "shall" is mandatory
and not directory. Any word not herein defined shall be as defined
in any recognized standard English dictionary.
ACCESSORY BUILDING — PERMANENT
A detached structure that is:
[Ord. No. 841, 3-9-2023]
1.
Subordinate in size to the principal structure which it serves;
2.
Necessary or contributing to the comfort and convenience of
the occupants or the principal structure served; and
3.
Located on the same lot as the principal building served. By
way of example, detached garages, carports, gazebos, storage sheds,
and similar roofed structures are common accessory buildings.
ACCESSORY BUILDING — PORTABLE
Accessory outbuildings for residential purposes not having
a permanent footing or foundation in the ground and not being affixed
to the ground except by rods or stakes.
[Ord. No. 841, 3-9-2023]
ACCESSORY USE
Any use that is:
[Ord. No. 841, 3-9-2023]
1.
Subordinate in purpose of the principal use which it serves;
2.
Necessary or contributing to the comfort or convenience of the
occupants or principal structure or use served; and
3.
Located on the same lot as the principal use served.
By way of example, uses such as outdoor gathering areas, parking
lots, Automatic Teller Machines (ATMs) and trash enclosures are common
accessory uses.
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ACCESSORY LIVING QUARTERS
Living quarters within an accessory building, for the sole
use of person(s) employed on the premises, having no kitchen facilities,
and not rented or otherwise used as a separate dwelling.
ALLEY
A permanent public serviceway which affords only a secondary
means of access to abutting property.
APARTMENT HOTEL
A building or portion thereof used for or containing both
individual guest rooms or suites of rooms and dwelling units designed
for more or less temporary occupancy.
BASEMENT
A story partly underground and having no more than one-half
(½) of its height above the average level of the adjoining
ground.
BILLBOARD
A structure primarily used as a flat surface upon which advertisements
are pasted, painted, or otherwise affixed.
BOARDING HOUSE
A building, other than a hotel, where lodging and meals for
five (5) or more persons are served for compensation. A boarding house
may also include the dwelling unit occupied by the owner or operator.
BUILDABLE AREA
That portion of a lot remaining after required yards have
been provided.
BUILDING
Any structure having a roof supported by columns or walls
for the housing or enclosure of persons, animals or chattels. When
any portion thereof is completely separated from every other portion
thereof by division wall without openings, then each such portion
shall be deemed to be a separate building.
BUILDING, HEIGHT OF
The vertical distance measured from the adjoining curb grade
at a point opposite the center of the principal frontage of the building
to the highest point of ceiling of the top story in the case of a
flat roof; to the deck line of a mansard roof; and to the mean height
level between the eaves and ridges of a gable, hip or gambrel roof.
Where buildings are set back from the street line, the height of a
building may be measured from the average elevation of the finished
lot grade at the front of the building.
BUILDING, NON-CONFORMING
A legally existing building which fails to comply with the
regulations set forth in this Chapter applicable to the district in
which this building is located.
BUILDING SETBACK LINE
The line nearest the street and across a lot establishing
the minimum open space to be provided between buildings and specified
structures and street lines.
CAMPGROUND
Any area of a tract of land used to accommodate two (2) or
more camping parties, including cabins, tents, house trailers, or
other camping outfits.
CELLAR
A structure having more than one-half (½) of its height
below the average level of the adjoining ground.
CEMETERY
Land used for the burial of the dead and dedicated for cemetery
purposes, including mausoleums when used in conjunction with and within
the boundary of such cemetery.
CITY
The City of Seymour, Missouri.
COMMISSION
The Seymour Planning and Zoning Commission.
CURB LEVEL
The level of the established curb in front of the building
measured at the center of such front. Where no curb has been established,
the Building Inspector shall establish such curb level or its equivalent
for the purpose of this Chapter.
DWELLING
A building or portion thereof used exclusively for residential
occupancy, including single-family, two-family, multi-family, and
mobile home dwellings, but not including hotels, motels, lodging or
boarding houses, or tourist homes.
DWELLING, MOBILE HOME
A detached residential dwelling unit designed for transportation
after fabrication on streets or highways on its own wheels or on flatbed
or other trailers, and arriving at the site where it is to be occupied
as a dwelling complete and ready for occupancy except for minor and
incidental unpacking and assembly operations, location on jacks or
other temporary or permanent foundations, connections to utilities,
and the like. A travel trailer is not to be considered as a mobile
home.
DWELLING, MULTI-FAMILY
A building or portion thereof used for occupancy by three
(3) or more families living independently of each other, and doing
their own cooking in said building, including apartments, group homes,
and row houses.
DWELLING, TWO-FAMILY
A detached or semi-attached building used for residential
occupancy by two (2) families living independently of each other.
DWELLING UNIT
A building or portion thereof used by one (1) family for
cooking, living and sleeping purposes.
EDUCATIONAL INSTITUTION
Pre-primary, primary or grammar, public, parochial, or private
school, high school or preparatory school or academy, public or founded,
or owned or conducted by or under the sponsorship of a religious or
charitable organization; private preparatory school or academy furnishing
courses of instruction substantially equivalent to the courses offered
by public high schools for preparation of admission to college or
universities which award B.A. or B.S. degrees; junior college; college
or university, public or founded or conducted by or under the sponsorship
of a religious or charitable organization; or private when not conducted
as a commercial enterprise for the profit of individual owners or
stockholders. This definition shall not be deemed to include trade
or business schools as defined by this Chapter.
FAMILY
One (1) or more persons occupying a premises and living as
a single housekeeping unit, as distinguished from a group occupying
a boarding or lodging house, hotel, club, or fraternity or sorority
house. A "family" shall be deemed to include servants.
FILLING STATIONS
Buildings and premises where gasoline, oil, grease, batteries,
tires, and vehicle accessories may be supplied and dispensed at retail.
GARAGE, PARKING OR STORAGE
Any building, except one herein defined as a private garage,
used exclusively for parking of vehicles and with not more than four
(4) pumps for the incidental sale of motor fuel.
GARAGE, PRIVATE
A detached accessory building or portion of a main building
used for the storage of vehicles where the capacity does not exceed
three (3) vehicles, or not more than one (1) per family housed in
the building to which such garage is accessory, whichever is the greater,
and not more than one-third (⅓) the total number of vehicles
stored in such garage shall be commercial vehicles. Storage space
for not more than three (3) vehicles may be rented for vehicles of
other occupants of the building to which such garage is accessory.
GARAGE, PUBLIC OR REPAIR
Any premises, except those described as a private or parking
garage, used for the storage or care of vehicles, or where any such
vehicles are equipped for operation, repaired or kept for remuneration,
hire or sale.
GROUND FLOOR AREA
The square foot area of a building within its largest outside
dimensions, exclusive of open porches, breezeways, terraces, garages,
exterior stairways and secondary stairways.
GROUP HOME
Any home in which eight (8) or fewer unrelated mentally or
physically handicapped persons reside, and may include two (2) additional
persons acting as houseparents or guardians who need not be related
to each other or to any of the mentally or physically handicapped
persons residing in the home.
HOME OCCUPATION
An occupation in a dwelling unit, provided that:
1.
No person other than members of the family residing on the premises
shall be engaged in such occupation.
2.
The use of the dwelling unit for the home occupation shall be
clearly incidental and subordinate to its use for residential purposes
by its occupants, and not more than twenty-five percent (25%) of the
floor area of the dwelling unit shall be used in the conduct of the
home occupation.
3.
There shall be no change in the outside appearance of the building
or premises, or other visible evidence of the conduct of such home
occupation other than one (1) sign not exceeding one (1) square foot
in area, non-illuminated, and mounted flat against the wall of the
principal building.
4.
No home occupation shall be conducted in any accessory building.
5.
There shall be no sales in connection with such home occupation.
HOSPITAL
Includes "sanitarium", "sanitorium" or "clinic", provided such institution is operated
by, or treatment is given under direct supervision of a physician
licensed to practice by this State.
HOTEL
A building or portion thereof used as the more or less temporary
abiding place of individuals who are lodged with or without meals
and in which there are more than twelve (12) sleeping rooms usually
occupied singly and in which provision for cooking is made preponderantly
in a central kitchen.
JUNKYARD, INCLUDING VEHICLE WRECKING
A lot or part thereof used for the storage, keeping or abandonment
of junk including scrap metal or other vehicles or machinery or parts
thereof.
LODGING HOUSE
A building, other than a hotel, where lodging, without meals,
for five (5) or more persons is provided for compensation.
LOT
A parcel of land defined by metes and bounds or boundary
lines in a recorded deed or on a recorded plat fronting on a street.
In determining lot area and boundary lines no part thereof within
the limits of the street shall be included.
LOT, CORNER
A lot at the junction of and fronting on two (2) or more
intersecting streets, both of which are twenty (20) feet or more in
width.
LOT LINES
The lines bounding a lot as defined herein.
LOT OF RECORD
A lot which is a part of a subdivision, the map of which
has been recorded in the office of the County Recorder of Webster
County.
LOT, THROUGH
An interior lot having frontage on two (2) parallel or approximately
parallel streets.
LOT WIDTH
The distance parallel to the front of a building erected
or to be erected, measured between side lot lines at the building
line.
MANUFACTURED HOME
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 manufactured home placed
thereon may be moved from time to time at the convenience of the owner.
MOBILE HOMES
A transportable, factory-built home designed to be used as
a residential dwelling and built prior to the enactment of Federal
Manufactured Home Construction and Safety Standards Act of 1974.
MODULAR UNIT
A transportable building unit designed to be used by itself
or to be incorporated with similar units at a point-of-use into a
modular structure to be used for residential, commercial, educational
or industrial purposes. This definition shall not apply to structures
under six hundred fifty (650) square feet used temporarily and exclusively
for construction site office purposes.
MOTEL
A permanent building or group of buildings containing rooms
used, rented or hired out for the more or less temporary occupancy
of overnight guests.
PARKING AREA, PUBLIC
An open area, other than a street, used for the temporary
parking of more than four (4) vehicles and available for public use,
whether free, for compensation, or as an accommodation for clients
or customers.
PARKING SPACE (OFF-STREET)
A space on private land, accessible from a street or alley,
not less than nine (9) feet wide and twenty (20) feet long, exclusive
of passageways.
PLACE OR COURT
An open, unoccupied space on the same lot with a building
or group of buildings and bounded on three (3) or more sides by such
building or buildings.
PROFESSIONAL OFFICE
The office of a person engaged in any occupation, vocation
or calling, not purely commercial, mechanical or agricultural in which
a professed knowledge or skill in some department of science or learning
is used by its practical application to the affairs of others, either
advising or guiding them in serving their interest or welfare through
the practice of an act founded thereon.
SIGN
Any advertisement, announcement, direction or communication
produced in whole or in part by the construction, erection, affixing
or placing of a structure on any land or on any other structure, or
produced by painting on or posting or placing any printed, lettered,
pictured, figured or colored material on any building, structure or
surface. Signs placed or erected by governmental agencies or non-profit
civic associations for a public purpose in the public interest shall
not be included herein, nor shall this include signs which are a part
of the architectural design of a building.
STABLE, PRIVATE
A stable with capacity for not more than two (2) horses,
provided however, that the capacity of a private stable may be increased
if the premises whereon such stable is located contains an area of
not less than two thousand five hundred (2,500) square feet for each
horse accommodated.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between such floor and the ceiling
next above it.
STREET
A thoroughfare which affords principal means of access to
abutting property.
STRUCTURAL ALTERATIONS
Any change in either the structural members of a building,
such as bearing walls, columns, beams or girders, or in the roof and
exterior walls.
STRUCTURE
Anything constructed or erected, the use of which requires
more or less permanent location on the ground or attachment to something
having a permanent location on the ground.
TOURIST HOME
A building in which more than one (1) but not more than five
(5) guest rooms are used to provide or offer overnight accommodations
of transient guests for compensation.
TRADE OR BUSINESS SCHOOL
Secretarial school or college, or business school or college,
when not public and not owned or conducted by or under the sponsorship
of a religious or charitable organization; school conducted as commercial
enterprise for teaching instrumental music, dancing, barbering or
hairdressing or for teaching industrial skills in which machinery
is employed as a means of instruction. This definition shall not be
deemed to include educational institutions as defined in this Section.
USES, NON-CONFORMING
An existing use of land or building which was legal prior
to the tenth (10th) day of May, 1979, but which fails to comply with
the regulations set forth in this Chapter applicable to the district
in which such use is located.
YARD
A space on the same lot with a main building, open, unoccupied
and unobstructed by buildings or structures from the ground to the
sky, except as otherwise provided in this Chapter.
YARD, FRONT
A yard extending across the full width of the lot, the depth
of which shall be the least distance between the front lot line and
the nearest point of the main building or of any open porch or paved
terrace.
YARD, REAR
A yard extending across the full width of the lot between
the rear most main building and the rear lot line, the depth of which
shall be the least distance between the rear lot line and the rear
of such main building.
YARD, SIDE
A yard between the main building and the side lot line extending
from the front yard or front lot line where no front yard is required
to the rear yard, the width of which shall be the least distance between
the side lot line and the nearest point of the main building.