City of Smithville, MO Division 1 Title, Purpose And Intent

Section 400.010 Title.

[R.O. 1991 § 400.010; Ord. No. 2865-13 § 1(Exh. A § 400.010), 4-2-2013[1]]

These regulations, including the zoning district maps made a part hereof, shall be known and may be cited and referred to as the "Smithville Zoning Ordinance."

[1] Editor's Note: This ordinance also repealed former Ch. 400, adopted 3-13-1978 by Ord. No. 711 §§ 1-5, as amended; former Ch. 405, Floodplain Management Regulations, adopted 4-15-2003 by Ord. No. 2180-03 § 1; former Ch. 410, Planning Commission, adopted 5-21-1996 by Ord. No. 1679 § 1, as amended; and former Ch. 420, Heritage District, adopted 9-20-2005 by Ord. No. 2405-05.

Section 400.015 Purpose And Intent.

[R.O. 1991 § 400.015; Ord. No. 2865-13 § 1(Exh. A § 400.015), 4-2-2013]

A. This Zoning Ordinance, adopted pursuant to the provisions of Chapter 89, RSMo., is intended to serve the following purposes:

1. To promote the health, safety, morals, comfort and general welfare of the City; and

2. To preserve and protect property values throughout the City; and

3. To restrict and regulate the height, number of stories, and size of buildings; the percentage of lot coverage; the size of yards, courts, and other open spaces; and the density of population; and

4. To divide the City into zones and districts; and

5. To regulate and restrict the location and use of buildings and land within each district or zone; and

6. To regulate and restrict the use of land located in areas designated as floodplains.

Section 400.020 Jurisdictional Area.

[R.O. 1991 § 400.020; Ord. No. 2865-13 § 1(Exh. A § 400.020), 4-2-2013]

The provisions of these regulations shall apply to all structures and land in the incorporated area of Smithville, Missouri.

Section 400.025 Establishment Of Districts.

[R.O. 1991 § 400.025; Ord. No. 2865-13 § 1(Exh. A § 400.025), 4-2-2013]

The jurisdictional area is hereby divided into thirteen (13) zoning districts and two (2) overlay districts, which are designed as follows:

"A-1"	Agricultural District
"A-R"	Agricultural-Residential District
"R-1A"	Single-Family Suburban Dwelling District
"R-1B"	Single-Family Dwelling District
"R-1D"	Mobile or Manufactured Dwelling District
"R-2"	Two-Family Dwelling District
"R-3"	Multiple-Family Dwelling District
"B-1"	Neighborhood Business District
"B-2"	Non-Retail Business District
"B-3"	General Business District
"B-4"	Central Business District
"I-1"	Light Industrial District
"I-2"	Heavy Industrial District
"P"	Planned Development Overlay District
"FP"	Floodplain Overlay District

Section 400.030 (Reserved)

Section 400.040 Exemptions.

[R.O. 1991 § 400.040; Ord. No. 2865-13 § 1(Exh. A § 400.040), 4-2-2013]

A. The following structures and uses shall be exempt from the provisions of these regulations:

1. Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves, or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas, or water, or the collection of sewage or surface water operated or maintained by a public utility, but not including substations located on or above the surface of the ground.

2. Railroad track, signals, bridges, and similar facilities and equipment located on a railroad right-of-way, and maintenance and repair work on such facilities and equipment.

3. Public elementary and secondary schools are exempt from the provisions concerning the location of lots or parcels within any zoning district for such uses, but all yard regulations, and any other regulation concerning public health or safety shall specifically apply to such uses.

4. Houses of worship associated with any church are exempt from the provisions concerning the location of lots or parcels within any zoning district for such uses, but all yard regulations, and any other regulation concerning public health or safety shall specifically apply to such uses. Any accessory use of a house of worship, including, but not limited to, gymnasiums, athletic fields, residential facilities, and any potential commercial use (such as bookstores coffee shops and day cares) are not exempt from these regulations and must obtain all permits and approvals prior to such use.

Section 400.045 Application Of District Regulations.

[R.O. 1991 § 400.045; Ord. No. 2865-13 § 1(Exh. A § 400.045), 4-2-2013]

A. The following general requirements shall apply to all zoning districts:

1. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with the use regulations herein specified for the district in which it is located.

2. No building or structure shall hereafter be erected or altered:

a. To exceed height and bulk regulations.

b. To occupy a greater percentage of lot area than permitted.

c. To have a narrower or smaller front, rear, and side yard or other open spaces than required in the zoning district regulations.

Section 400.050 Annexed Land.

[R.O. 1991 § 400.050; Ord. No. 2865-13 § 1(Exh. A § 400.050), 4-2-2013]

A. Zoning shall be established for all land which may hereafter by annexed to the City of Smithville by the same statutory procedure required for the original adoption of zoning regulations.

B. When applying for annexation, the applicant must provide the proper documentation together with a deposit of one hundred fifty dollars ($150.00) submitted to the office of the Zoning Administrator. The deposit shall be applied to the application review fee which shall be in an amount to reimburse the City for the costs of public notice, certified letters, plat of legal description, map reprinting, and engineering and legal expenses incurred in receiving and approving the applicant's request.