[Ord. No. 111808 §1(400-100), 11-18-2008]
This Chapter shall be known and may be cited as the Zoning Code
of Peculiar, Missouri, and referred to herein as "code".
[Ord. No. 111808 §1(400-101), 11-18-2008]
These regulations are made in accordance with the Peculiar Comprehensive
Plan and designed to lessen congestion in the streets; to secure safety
from fire, panic and other dangers; to promote health and the general
welfare; to provide adequate light and air; to prevent the overcrowding
of land; to avoid undue concentration of population; to preserve features
of historical significance; to facilitate the adequate provision of
transportation, water, sewerage, schools, parks and other public requirements.
These regulations have been made with reasonable consideration, among
other things, of the character of each district and its suitability
for particular uses and with a view to conserving the values of property
and encouraging the most appropriate use of land throughout the City
of Peculiar.
[Ord. No. 111808 §1(400-102), 11-18-2008]
In enacting this code for the zoning and development of land,
the City is exercising its authority and all other powers derived
from the Constitution and the laws of the State of Missouri, including
those powers explicitly granted by and necessarily implied from Section
89.020, RSMo.
[Ord. No. 111808 §1(400-103), 11-18-2008]
The use of buildings and land within the City of Peculiar shall
be subject to all applicable provisions of the Peculiar Municipal
Code and other ordinances, as well as this code, whether or not those
other provisions of the Peculiar Municipal Code are specifically cross-referenced
in this code. Cross-reference to other provisions of the Peculiar
Municipal Code found in this code are provided for the convenience
of the reader; lack of a cross-reference should not be construed as
an indication that other provisions of the Peculiar Municipal Code
do not apply.
[Ord. No. 111808 §1(400-104), 11-18-2008]
It is the intention of this code to implement the goals, principles
and objectives reflected in the Peculiar Comprehensive Plan as adopted
by the City. While the City reaffirms its commitment that the provisions
of this code and any amendment made to this code shall conform to
adopted planning policies, the City acknowledges its intent that neither
this code nor any amendment of this code may be challenged merely
on the basis of an alleged non-conformity with the Comprehensive Plan.
[Ord. No. 111808 §1(400-105), 11-18-2008]
A. Except
as hereinafter provided:
1. No building or structure shall be erected, constructed, reconstructed,
moved or altered, nor shall any building, structure or land be used
for any purpose other than is permitted in the district in which such
building, structure or land is situated;
2. No building or structure shall be erected, constructed, reconstructed,
moved or altered to exceed the height or area limit herein established
for the district in which such building or structure is situated;
3. No lot area shall be reduced or diminished so that the yards or other
open spaces shall be smaller than prescribed by this code, nor shall
the density of population be increased in any manner, except in conformity
with the area regulations established herein.
[Ord. No. 111808 §1(400-106), 11-18-2008]
Thoroughfares, alleys, cemeteries, land, buildings or premises
owned, rented or leased by the City of Peculiar are exempt from provisions
of this code while occupied or employed for public purposes, rights,
obligations or pursuits, but such City land or property may be leased
by rental or otherwise to private individuals or corporations who
must comply with applicable zoning regulations.
[Ord. No. 111808 §1(400-107), 11-18-2008]
A. All
violations of prior zoning or other regulations of the City, existing
on the effective date of this code, shall continue to be violations
and shall not be considered to be legal non-conforming situations
under this code. The City shall have the same authority to secure
civil remedies for violations of those regulations to the same extent
that it may secure civil remedies for violations of this code.
B. All
permits, applications, certificates and other authorizations submitted
or approved prior to the effective date of this code shall be governed
by the regulations in effect at the time of the submission or approval.
[Ord. No. 111808 §1(400-108), 11-18-2008]
A. In
interpreting and applying the provisions of this code, such provisions
shall be held to the minimum requirements for the promotion of the
health, safety, morals and general welfare of the residents of Peculiar,
Missouri.
B. Whenever
this code requires greater width or size of yards or other open spaces
or requires a lower height of buildings or a less number of stories
or requires a greater percentage of lot to be unoccupied or requires
a lower density of population or requires a more restricted use of
land or imposes other higher standards than are required in any other
Statute or local order or regulation, the regulations made under authority
of this code shall govern.
C. Whenever
another Statute, local order or regulation requires greater width
or size of yards or other open spaces or requires a lower height of
buildings or a less number of stories or requires a greater percentage
of lot to be unoccupied or requires a lower density of population
or requires a more restricted use of land or imposes other higher
standards than are required in this code, the regulations of such
Statute, local order or regulations shall govern.
D. This
code shall not invalidate any easement, covenant or other private
agreement. Where this code and any easement, covenants or other private
agreements are in conflict, the more restrictive standards or requirements
shall govern.
[Ord. No. 111808 §1(400-109), 11-18-2008]
All required fees shall be set by separate resolution approved
by the Board of Aldermen and shall be paid in accordance with the
schedule of fees on file and available in the City Planning Department.