[Ord. No. 06-04-01 §101, 4-25-2006]
This Chapter shall be known and may be cited as the City of
Fair Grove Zoning Regulations.
[Ord. No. 06-04-01 §102, 4-25-2006]
A.
This
Chapter is adopted pursuant to the authority contained in Chapter
89, RSMo.
B.
The
purpose of this Chapter is to protect the public health, safety and
general welfare, to promote good planning and land development practice,
to conserve the City's resources, to facilitate the provision of adequate
public improvements and to promote efficient expenditure of public
financial resources.
C.
The
provisions of this Chapter shall be administered to ensure orderly
growth and development of the City and shall supplement and implement
the policies of the City of Fair Grove Comprehensive Plan, other planning
documents and the capital budget.
[Ord. No. 06-04-01 §103, 4-25-2006]
This Chapter shall be effective throughout the City's planning
jurisdiction which comprises the area within the corporate boundaries
of the City of Fair Grove.
[Ord. No. 06-04-01 §104, 4-25-2006]
This Chapter shall be in full force and effect from and after
passage April 25, 2006.
[Ord. No. 06-04-01 §105, 4-25-2006]
To the extent that the provisions of this Chapter are the same
in substance as the provisions of the zoning regulations previously
adopted on May 21, 1996 and subsequent amendments that they replace,
they shall be considered as continuations thereof and not as new enactments
unless otherwise specifically provided herein. In particular, a situation
that did not constitute a lawful, non-conforming situation under the
previously adopted zoning regulations does not achieve lawful non-conforming
status under this Chapter merely by the repeal of the previously adopted
zoning ordinance.
[Ord. No. 06-04-01 §106, 4-25-2006]
A.
Reasonable
fees to cover the costs of administration, inspection, publication
of notice and similar matters may be charged to applicants for zoning
amendments, conditional use permits, sign permits, appeals and variances.
A list of all established fees related to the requirements of this
Chapter is available at the Fair Grove City Hall. The Board of Aldermen,
the Planning and Zoning Commission and Board of Adjustment shall be
exempt from this fee.
[Ord. No. 06-04-01 §107, 4-25-2006]
The burden of proof shall be upon the applicant in all proceedings
pursuant to this Chapter. It is presumed that the applicant has knowledge
of the requirements of this Chapter and the applicant is obligated
to meet the requirements unless a variance is granted. Failure to
meet the requirements is one reason for denial of an application.
[Ord. No. 06-04-01 §108, 4-25-2006]
A.
In
their interpretation and application, the provisions of this Chapter
shall be held to be the minimum requirements. More stringent provisions
may be required if it is demonstrated that different standards are
necessary to promote the public health, safety and general welfare.
B.
Where
the conditions imposed by any provision of this Chapter are either
more restrictive or less restrictive than conditions imposed by any
other provision of this Chapter or other applicable law, ordinance,
rule or regulation, the regulations which are more restrictive and
which impose a higher standard shall govern.
C.
The
provisions of this Chapter are separable. If any Section, sentence,
clause or phrase of this Chapter is for any reason held to be invalid
by a court of competent jurisdiction, the decision shall not affect
the remaining portions of this Chapter.
[Ord. No. 06-04-01 §109, 4-25-2006]
A.
Except
as hereinafter specified:
1.
No land shall be used except for a purpose permitted in the district
in which it is located.
2.
No building shall be erected, converted, enlarged, reconstructed,
moved or structurally altered, nor shall any building be used, except
for a use permitted in the district in which such building is located.
3.
No building shall be erected, converted, enlarged or structurally
altered, except in conformity with the off-street parking and loading
regulations of the district in which such building is located.
4.
Every building hereafter erected or structurally altered shall be
located on a lot as herein defined and in no case shall there be more
than one (1) main building on one (1) lot except as specifically provided
hereinafter.
5.
Except as hereinafter specified, any use, building or structure existing at the time of the passage of this Chapter may be continued, subject to the restrictions and limitation of Article VIII, Non-Conforming Uses, Buildings and Structures.
6.
No structure, structural element, balcony, porch or roof shall encroach
upon or overhang any required yard setback on any lot.
