[R.O. 1991 § 405.010; Ord. No. 775 § III, 5-9-1995; Ord. No. 813 § I, 1-9-1996]
The following words, terms, and phrases,
when used in this Chapter, shall have the meanings ascribed to them
in this Section, except where the context clearly indicates a different
meaning:
A subordinate building, structure or use which is customarily
incidental to the principal use.
The amount of land surfaces in a lot, plot, or parcel.
The yard, lot, area, lot width, lot coverage, and parking
requirements as set forth in a specific district.
A place where, along with the sale of engine fuels, the following
services may be carried out: general repair, engine rebuilding, rebuilding
or reconditioning of motor vehicles; collision service, such as body,
frame or fender straightening and repair, painting and undercoating
of automobiles.
An establishment in which the retail sales of accessories
and services for automobiles are provided as the primary use, including
the customary space and facilities for the installation of such commodities
on or in such vehicles, but not including the space for facilities
for major storage, repair, painting, and refinishing.
A structure or portion thereof which provides complete housekeeping
facilities for one (1) family.
May 9, 1995.
Any occupation or activity carried on by a member of the immediate family, residing on the premises, in connection with which there is used no display, other than those specified in Article V, Section 405.240 of this Chapter, that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling, and in which no commodity is sold upon the premises, except that which is prepared on the premises, and in which no person is employed other than a member of the immediate family residing on the premises, and no mechanical equipment is used except of a type that is similar in character to that normally used for purely domestic or household purpose. "Home occupation" shall include the use of premises by a physician, surgeon, dentist, lawyer, clergyman, or other professional person for consultation or emergency treatment, but not for the general practice of his/her profession.
A tract of land defined by metes, bounds, or boundary lines
in a recorded deed or on a recorded plat. "Lot" includes the words
plot, or parcel.
A single-family dwelling unit that has the following characteristics:
Designed for long-term occupancy
containing sleeping accommodations, flush toilet, tub or shower bath,
and kitchen facilities, with plumbing and electrical connections,
provided for attachment to outside systems.
Designed to be transported after
fabrication on its own wheels, flatbed, other trailers, or detachable
wheels.
Arrives at site where it is to be
occupied as a dwelling unit complete with major appliances and furniture
and ready for occupancy except for minor and incidental unpacking
and assembly connection to utilities and the like.
Any plat of ground meeting the requirements of Section 405.100.
Ground within a mobile home park designed for the accommodation
of one (1) mobile home.
That which does not meet the requirements of the use district
in which it is located at the time of the effective date of these
regulations.
A detached building arranged, intended, or designed for occupancy
by one (1) family.
An on-lot space available for the parking of one (1) motor
vehicle and having an area of not less than two hundred (200) square
feet, exclusive of space necessary to provide access to a street.
The line bounding a lot.
A structure containing one (1) or more dwelling units. A
mobile home shall be considered as a residential structure and must
meet all requirements for a residential structure.
The singling out, without a reasonable basis, a small parcel
of land for a use classified differently from the surrounding area,
primarily for the benefit of the owner of the property so zoned, and
to the potential detriment of the neighborhood and other owners therein.
It shall be the policy of the Planning and Zoning Commission to not
permit spot zoning except in cases where the land is unfit for any
other use than the one permitted by the rezoning, or where the change
in the use of the land in an adjoining area justifies the new zoning.
Anything constructed or erected with a fixed location on
the ground, not including fences.
A yard extending across the front of a lot and being the
minimum horizontal distance between the street or place line and the
main building or any projections thereof other than the projections
of the usual uncovered steps, uncovered balconies, or uncovered porch.
The front yard shall be considered as parallel to the street upon
which the main entrance to the dwelling faces.
A yard extending across the rear of a lot and being the required
minimum horizontal distance between the rear lot line and the rear
of the main building or any projections thereof other than the projections
of uncovered steps, unenclosed balconies, or unenclosed porches. On
both corner lots and interior lots, the rear yard in all cases be
at the opposite end of the lot from the front yard.
A yard between the main building and the side line of the
lot, and extending from the required front yard to the required rear
yard, and being the minimum horizontal distance between a side lot
line and the side of the main building or any projections thereof.
A.
In
case any building or structure is erected, constructed, reconstructed,
altered, converted or maintained, or any building, structure or land
is used in violation of Sections 89.010 to 89.140, RSMo., or of any
ordinance or other regulation made under authority conferred hereby,
or in case of any violation of Sections 89.300 to 89.490, RSMo., or
of any ordinance or other regulation made under authority conferred
thereby, the proper local authorities of the municipality, in addition
to other remedies, may institute any appropriate action or proceedings
to prevent such unlawful erection, construction, reconstruction, alteration,
conversion, maintenance or use, to restrain, correct, or abate such
violation, to prevent the occupancy of such building, structure, or
land, or to prevent any illegal act, conduct, business, or use in
or about such premises. Such regulations shall be enforced by an officer
empowered to cause any building, structure, place or premises to be
inspected and examined and to order in writing the remedying of any
condition found to exist therein or thereat in violation of any provision
of the regulations made pursuant to the authority of Sections 89.010
to 89.140 and Sections 89.300 to 89.490, RSMo.
B.
The
owner or general agent of a building or premises where a violation
of any provision of said regulations has been committed or shall exist,
or the lessee or tenant of an entire building or entire premises where
such violation has been committed or shall exist, or the owner, general
agent, lessee or tenant of any part of the building or premises in
which such violation has been committed or shall exist, or the general
agent, architect, builder, contractor or any other person who commits,
takes part or assists in any such violation or who maintains any building
or premises in which any such violation shall exist shall be guilty
of an ordinance violation punishable as follows:
1.
The maximum fine and court costs that can be imposed for such violation
shall be:
a.
For the first violation within any twelve-month period of time: two
hundred dollars ($200.00).
b.
For the second violation within any twelve-month period of time:
two hundred seventy-five dollars ($275.00).
c.
For the third violation within any twelve-month period of time: three
hundred fifty dollars ($350.00).
d.
For the fourth and any subsequent violation within any twelve-month
period of time: four hundred fifty dollars ($450.00).
2.
Court costs shall be assessed against such person unless the court
finds that the defendant is indigent.
C.
Any
such person who having been served with an order to remove any such
violation shall fail to comply with such order within ten (10) days
after such service or shall continue to violate any provision of the
regulations made under authority of Sections 89.010 to 89.140, RSMo.,
in the respect named in such order shall also be subject to a civil
penalty of two hundred fifty dollars ($250.00).
[R.O. 1991 § 405.030; Ord. No. 775 § III, 5-9-1995]
A.
The provisions of this Chapter shall be
administered by an Enforcement Officer approved by the Board of Aldermen.
B.
A building permit will be issued only when
the application has been approved by the Enforcement Officer as meeting
the requirements of this Chapter. All applications for building permits
shall be accompanied by a plan in duplicate drawn to scale, showing
the actual dimensions of the lot to be built upon, the size of the
building to be erected and its location on the lot, and such other
information as may be necessary to provide for the enforcement of
this Chapter. A record of such application and plats shall be kept
by the Enforcement Officer and are subject to review by the Planning
and Zoning Commission.
[R.O. 1991 § 405.040; Ord. No. 775 § III, 5-9-1995]
The zoning regulations set forth
herein are enacted to implement the land use portion of the comprehensive
development plan for the City and to promote the health, safety, morals,
and general welfare of the citizens of the City. These regulations
are intended to lessen congestion in the streets; to secure safety
from fire, panic, and other dangers; to provide adequate light and
air; to prevent the overcrowding of land; to avoid undue concentration
of population; and to facilitate the adequate provision of transportation,
water, sewage, schools, parks, and other public requirements.
[R.O. 1991 § 405.050; Ord. No. 775 § III, 5-9-1995]
The provisions set forth in this
Chapter have been prepared in accordance with the authority granted
by the legislature of the State as provided by Municipal Planning
Acts of 1963, Sections 89.300 to 89.491, RSMo.
[R.O. 1991 § 405.060; Ord. No. 775 § III, 5-9-1995]
The jurisdiction of this Chapter
shall include all land in the corporate limits. This Chapter shall
also apply to any land added to the corporate area after such land
shall have been legally annexed.
[R.O. 1991 § 405.070; Ord. No. 775 § III, 5-9-1995]
A.
The City is hereby divided into zoning
districts as shown on the official zoning districts map which, together
with explanatory information thereon, is hereby adopted by reference
and declared to be a part of these regulations.
B.
The official zoning districts map shall be identified by the signature of the Mayor attested by the City Clerk, and bearing the Seal of the City under the following words: "This is to certify that this is the official zoning map referred to in Article I of Chapter 405 of the Vandalia, Missouri, City Code," together with the date of adoption of the ordinance (May 9, 1995).
[R.O. 1991 § 405.080; Ord. No. 775 § III, 5-9-1995]
A.
The regulations of this Chapter pertaining
to each zoning district establish the character of the zoning district
and shall be applied uniformly within the zoning district.
B.
The uses permitted or prohibited in each
zoning district shall include, but shall not be limited to those enumerated
as being permitted or prohibited within the respective zoning district.
C.
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 zoning district in which it is located.
D.
No building or other structure shall hereafter
be erected or altered:
1.
To accommodate or house a greater
number of families;
2.
To occupy a greater percentage of
lot area than specified in the respective zoning classifications contained
in this Chapter; and
3.
To have narrower or smaller rear
yards, front yards, side yards, or other open spaces than herein required;
or in any other manner contrary to the provisions of this Chapter.
E.
When uncertainty exists with respect to
the boundaries of districts as shown on the official zoning map, the
following rules shall apply:
1.
District boundary lines are intended
to be along or parallel to the centerline of streets, alleys, easements,
other rights-of-way, and creeks, streams, or other water channels.
2.
District boundary lines are intended
to be along, or parallel to properly lines or the lot lines of platted
additions.
3.
In the absence of specific distances
such dimensions shall be determined by the scale of the official map.
4.
When the street or property layout
existing on the ground is at variance with that shown on the official
zoning map, the City Planning and Zoning Commission shall interpret
the district boundaries of this Chapter.
[R.O. 1991 § 405.090; Ord. No. 790 § I, 8-8-1995]
A.
Upon request from the legislative bodies
of the City or upon a petition by interested persons, the boundaries
of existing zoning districts shall be amended, supplemented, or changed.
Any person or governmental body desiring to change said boundaries,
or regulations established herein, may do so in the following manner:
1.
The proponent may submit the proposed
amendment, supplement, change, modification or rescindment to the
Planning and Zoning Commission for study, consideration, advice, and
possible revision and then request that a recommendation be submitted
to the Mayor and Board of Aldermen, for final authorization.
B.
However, no such regulation, restriction,
or boundary amendment shall become effective until after a public
hearing of the Board of Aldermen in relation thereto, at which time
interested parties and citizens shall have an opportunity to be heard.
At least fifteen (15) days' prior notice of the time and place of
such hearing shall be published in the local newspaper of general
circulation prior to the hearing by the Mayor and Board of Aldermen,
but not before recommendation from the Planning and Zoning Commission.
C.
Such regulations, restrictions, and boundaries
may from time to time be amended, supplemented, changed, modified,
or repealed. in case, however, of a protest against such change duly
signed and acknowledged by the owners of thirty percent (30%) or more,
either of areas of the land (exclusive of streets and alleys) included
in such proposed change or within an area determined by lines drawn
parallel to a one hundred eighty-five (185) feet distance from the
boundaries of the district proposed to be changed, such amendment
shall not become effective except by the favorable recommendation
of two-thirds (2/3) vote of the Board of Aldermen. The provisions
of this Section shall apply equally to all changes or amendments.
[R.O. 1991 § 405.100; Ord. No. 775 § III, 5-9-1995]
A.
Every mobile home park shall conform to
the following requirements:
1.
The park shall be located on a well-drained
site, properly graded to ensure proper drainage and freedom from stagnant
pools of water.
2.
Mobile home spaces shall be provided
consisting of a minimum of three thousand six hundred (3,600) square
feet for each space which shall be at least forty (40) feet wide and
clearly defined.
3.
No mobile home park shall be permitted
an average density of mobile home spaces of more than twelve (12)
per acre and shall provide an area of not less than five (5) acres.
4.
No mobile home shall be located less
than five (5) feet from the nearest adjacent lot boundary.
5.
All mobile homes spaces shall abut
a driveway of not less than ten (10) feet in width, which shall have
unobstructed access to a public street.
6.
At least two (2) vehicle parking
spaces of two hundred (200) square feet each shall be provided on
each mobile home space.
7.
An electrical outlet, water, and
sanitary sewer shall be provided to each mobile home space, in accordance
with City Codes.
8.
If a mobile home is moved from a
lot for any reason, or is destroyed by fire or by any other destructive
force, or is traded for another mobile home and moved off the lot,
another mobile home is not to be moved back onto the lot or to any
other piece of ground not being definitely defined by the City as
a mobile home park.
9.
All mobile home parks shall be surrounded
by a landscaped strip of open space twenty-five (25) feet wide along
the street frontage of a major street and ten (10) feet wide along
all other street frontages.
