[R.O. 1991 § 400.300; Ord. No. 2865-13 § 1(Exh.
A § 400.300), 4-2-2013]
A.
Chimneys, cooling towers, elevator headhouses,
fire towers, grain elevators, monuments, stacks, stage towers or scenery
lofts, tanks, water towers, ornamental towers and spires, church steeples,
radio and television towers or necessary mechanical appurtenances,
usually required to be placed above the roof level and not intended
for human occupancy, are not subject to the height limitations contained
in the district regulations.
B.
In all districts, two (2) additional feet
of height above the specified height limitation shall be permitted
for each one (1) foot of additional setback on all sides provided
over the minimum requirement.
[R.O. 1991 § 400.310; Ord. No. 2865-13 § 1(Exh.
A § 400.310), 4-2-2013]
A.
Front Yards. The front yards heretofore
established shall be adjusted in the following cases:
1.
Where fifty percent (50%) or more
of the frontage on one (1) side of a street between two (2) intersecting
streets is developed with buildings that have observed [with a variation
of five (5) feet or less] a front yard greater in depth than herein
required, new buildings shall not be erected closer to the street
than the front yard so established by the existing buildings.
2.
Where fifty percent (50%) or more
of the frontage on one (1) side of a street between two (2) intersecting
streets is developed with buildings that have not observed a front
yard as described above, then:
a.
Where a building is to be erected
on a parcel of land that is within one hundred (100) feet of existing
buildings on both sides, the minimum front yard shall be a line drawn
between the two (2) closest front corners of the adjacent buildings
on the two (2) sides; or
b.
Where a building is to be erected
on a parcel of land that is within one hundred (100) feet of an existing
building on one (1) side only, such building may be erected as close
to the street as the existing adjacent building.
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Front Yard Modification
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B.
Accessory Buildings. No accessory building
shall be erected in any required front or side yard and no detached
accessory building shall be erected closer than five (5) feet to any
other building. Accessory buildings may be located in the rear yard,
but shall not be closer than five (5) feet to the rear lot line and
shall not be closer to the side lot line than the required minimum
side yard setback of the district except that if the building has
a vehicular alley entrance, the sum of the width of the alley and
the setback of the structure shall not be less than twenty-five (25)
feet. Accessory buildings in excess of two (2) per property are prohibited
in "R-S," "R-1," "R-2," "R-3," "R-4," "B-1," "B-2," "B-3" and "B-4"
Districts. For the purposes of calculating the number of accessory
buildings on a property, detached garages shall be exempt.
C.
Structural Projections. Open or lattice-enclosed
fire escapes, fireproof outside stairways and balconies opening upon
fire towers, the ordinary projections of chimneys and flues, buttresses,
eaves, overhangs, open unenclosed porches, covered porches, elevated
decks, covered elevated decks, patios, or covered patios may extend
into any required yard for a distance of not more than thirty percent
(30%) of the required yard dimension. For purposes of this Section,
porches, decks or patios that are covered, and that encroach into
a yard setback, may have guards installed, but only if the building
and safety codes require such guards, and, in those cases, the guards
must be open to the maximum extent allowed by the code; any post or
other support structure shall not exceed twenty-four (24) inches in
width in any direction.
[Ord. No.
2918-15 § 1, 3-3-2015]
[R.O. 1991 § 400.320; Ord. No. 2865-13 § 1(Exh.
A § 400.320), 4-2-2013]
In computing the depth of a rear
yard for any building where such a yard abuts an alley, one-half (1/2)
the width of such alley may be included in the rear yard dimension.
[R.O. 1991 § 400.325; Ord. No. 2865-13 § 1(Exh.
A § 400.325), 4-2-2013]
Where a lot or tract is used or zoned
for other than a single-family dwelling, more than one (1) principal
use and structure may be located upon the lot or tract, but only when
the building or buildings conform to all requirements for the district
in which the lot or tract is located.
[R.O. 1991 § 400.330; Ord. No. 2865-13 § 1(Exh.
A § 400.330), 4-2-2013]
A.
For the purpose of this Section, the term "sight triangle" shall mean an area at a street intersection in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half (2 1/2) feet and eight (8) feet above the grades of the bottom of the curb of the intersecting streets, measured from the point of intersection of the centerline of the streets, ninety (90) feet in each direction along the centerline of the streets. At the intersection of major or arterial streets, the ninety (90) foot distance shall be increased to one hundred twenty (120) feet. An example of such a sight triangle is included in Section 400.075 with the definition of same.
B.
The Board of Aldermen does hereby find
and determine that in order to facilitate the movement of traffic
and to provide the maximum safety in the use of the streets, it is
necessary to require that all corner lots in the City conform to the
requirements of the sight triangle as defined except in the Central
Business District defined in this Chapter.
C.
The determination that an obstruction within
the sight triangle materially impedes vision and presents a traffic
hazard requiring abatement shall be at the discretion of the Chief
of Police or their designee.
D.
On a corner lot in any district, development
shall conform to the requirements of the sight triangle as defined
by this regulation.
[R.O. 1991 § 400.335; Ord. No. 2865-13 § 1(Exh.
A § 400.335), 4-2-2013]
No land which is located in a residential
district shall be used for a driveway, walkway or access to any land
which is located in any business or industrial district.
[R.O. 1991 § 400.340; Ord. No. 2865-13 § 1(Exh.
A § 400.340), 4-2-2013]
A.
Christmas Tree Sales. Christmas tree sales
in any business or industrial district for a period not to exceed
sixty (60) days. Display of Christmas trees need not comply with the
yard and setback requirements of these regulations provided that no
trees shall be displayed within the sight triangle.
B.
Contractor's Office. Contractor's office
and equipment sheds (containing no sleeping or cooking accommodations)
accessory to a construction project and to continue only during the
duration of such project.
C.
Real Estate Offices. Real estate offices
(containing no sleeping or cooking accommodations unless located in
a model dwelling unit) incidental to a new housing development to
continue only until the sale or lease of all dwelling units in the
development.
D.
Seasonal Sales. Seasonal sale of farm produce
grown on the premises in an "A-1" District. Structures incidental
to such sale need not comply with the applicable front yard requirements
if the structures are removed or moved back of the required front
yard setback line at the end of the season during which they are used.
E.
Carnivals And Circuses. A carnival or circus,
but only in an "A-1," "B-1," "B-2," "B-3," "B-4," "I-1" or "I-2" District
and then only for a period that does not exceed three (3) weeks. Such
use need not comply with the front yard requirements, provided that
structures or equipment which might block the view of operators of
motor vehicles on the public streets shall conform to the requirements
of the sight triangle as defined by these regulations.
F.
Housing. During construction of the principal
residential structure, a basement, garage, camper or mobile home may
be utilized for temporary housing for a period not to exceed six (6)
months. The Zoning Administrator may extend the period six (6) additional
months upon showing of good cause by the owner. Upon conclusion of
the permitted time period or completion of the principal structure,
whichever occurs first, the owner shall remove the temporary housing
or make the necessary changes for the property to be in conformance
with the regulations of the district in which the property is located.
G.
Temporary Defined. For the purposes of
conditional use permits issued for school, temporary/mobile accessory
structures, "temporary" shall mean not more than three (3) years.
[R.O. 1991 § 400.345; Ord. No. 2865-13 § 1(Exh.
A § 400.345), 4-2-2013]
The building setback line shall be
determined by measuring the horizontal distance between the property
line and the nearest exterior wall of the existing or proposed structure.
[R.O. 1991 § 400.350; Ord. No. 2865-13 § 1(Exh.
A § 400.350), 4-2-2013: Ord. No. 3043-19, 9-3-2019; Ord. No. 3169-23, 1-17-2023]
A.
Except as otherwise specifically provided
in other codes and regulations, the following regulations shall apply
to the construction of fences:
1.
FENCE, DECORATIVE OR ORNAMENTAL
FRONT YARD FENCE
As used in this Chapter, the following terms shall have the meanings
indicated:
A fence constructed of wood, metal, vinyl, vinyl coated chain
link or a combination of such materials that is not more than four
(4) feet in height and is at least fifty percent (50%) open; or is
a stone or brick wall that does not exceed three (3) feet in height.
Non-coated chain-link, or wire, wire mesh, snow fences or fences constructed
in any part with such materials shall not be considered decorative
or ornamental.
A decorative or ornamental fence located in a front yard
that contains or abuts an adjacent lot that contains, the primary
entrance to the building or a driveway access to the lot, or both.
2.
All fences erected in the City of Smithville must have a permit,
except those in the agricultural districts. Applications for a fence
permit shall be accompanied by a general layout of the property indicating
the location of the fence to be erected on the lot.
3.
All fences shall conform to the requirements of the sight triangle
as defined by these regulations. For purposes of these fence regulations,
an alley shall also be subject to the sight triangle regulations at
an intersection with a public street.
4.
No fence shall be constructed which will constitute a traffic hazard
nor shall be constructed within one (1) foot of any street right-of-way.
5.
No fence shall be constructed in such a manner or be of such design
as to be hazardous or dangerous. This would include barbed wire, electrically
charged or otherwise detrimental to persons, except as stated herein.
Barbed wire fences may be constructed in the agricultural districts;
and barbed wire may be used in the industrial districts and the "B-3"
District, but only as a component of security or anti-climb fences
with such component not less than eight (8) feet above the outside
adjacent grade. The use of barbed wire arms is limited to those not
larger than eighteen (18) inches, and upon attachment of the arm,
the extended portion of the arm and wire shall not extend beyond any
property lines.
6.
No fence, except fences erected upon public or parochial school grounds
or in public parks and in public playgrounds, shall be constructed
of a height greater than eight (8) feet in the industrial districts,
not including barbed wire arm attachments on security fences, which
may extend an additional two (2) feet. In the business and residential
districts, fences shall not exceed eight (8) feet in height, except
for hedges and shrubs, which do not have a height restriction, except
as noted otherwise in this Chapter. In the "B-3" District, any security
or anti-climb fence that includes barbed wire tops may be constructed
up to eight (8) feet tall and the barbed wire security component may
extend an additional two (2) feet above the standard height.
7.
All fences shall be constructed to face the neighboring property
with its structural elements on the building side of the fence. A
shadow-box style fence shall be considered compliant with this provision.
8.
On lots with more than one (1) front yard (e.g., corner lots or double
frontage lots) as defined in this Chapter shall construct a front
yard fence as defined herein where required and rear and side and
rear yards may have other fences that meet the standards of this Section.
9.
These fence regulations are independent of any rules or regulations
imposed by homeowners' associations or other agencies not affiliated
with the City of Smithville.
10.
Any provision of Section 400.575(C) to the contrary notwithstanding, the repair or replacement of fifteen percent (15%) or more of any portion of an existing fence shall trigger the requirement that the entire fence be brought into compliance with this Section.
[R.O. 1991 § 400.355; Ord. No. 2865-13 § 1(Exh.
A § 400.355), 4-2-2013]
A.
Home occupations shall be permitted in
the "A-1," "R-S," "R-1," "R-2," "R-3" and "R-4" Districts.
B.
Restrictions And Limitations.
1.
The home occupation shall be incidental
and subordinate to the principal residential use of the premises and
not more than twenty-five percent (25%) of the floor area of any one
(1) floor of a dwelling unit or one (1) room, whichever is the smaller,
shall be used for a home occupation.
2.
No outdoor storage of materials or
equipment used in the home occupation shall be permitted.
3.
No alteration of the exterior of
the principal residential building shall be made which changes the
character thereof as a residence. The home occupation shall be carried
on entirely within the principal residential structure and under no
circumstances shall the home occupation be carried on within a detached
accessory building.
4.
No sign shall be permitted unless
required by State Statute and, if so required, shall not exceed two
(2) square feet in area, shall not be illuminated and shall be placed
flat against the main wall of the building.
5.
No person shall be engaged in such
home occupation other than a person occupying such dwelling unit as
his/her residence.
6.
No equipment shall be utilized that
creates a nuisance due to noise or electrical interference.
7.
Parking generated by the conduct
of a home occupation shall be provided off-street in an area other
than the required front yard.
8.
No commodities shall be displayed
or sold on the premises except that which is produced on the premises.
C.
Particular Home Occupations Permitted. Customary home occupations include, but are not limited to, the following list of occupations; provided however, that each listed occupation is subject to the requirements of Subsection (B)(1) — (7) above:
1.
Art, dancing and music schools provided
that instruction is limited to five (5) pupils at one time.
2.
Professional offices for architects,
engineers, planners, lawyers, accountants, bookkeepers and similar
professions.
3.
Offices for realtors, insurance agents,
brokers, sales representatives and manufacturing representatives when
no exchange of tangible goods is made on the premises.
4.
Radio, television, phonograph, recorder
and small appliance repair services.
5.
Day care centers caring for less
than five (5) unrelated children.
6.
Home crafts and hobbies such as model
making, rug weaving, lapidary work, cabinet making, etc.
7.
Tailoring, alterations and seamstresses.
8.
Saw filing.
9.
Tourist homes.
10.
Beauty and barber services.
D.
Particular Home Occupations Prohibited.
Permitted home occupations shall not in any event include the following:
[R.O. 1991 § 400.360; Ord. No. 2865-13 § 1(Exh.
A § 400.360), 4-2-2013]
A.
Major recreational equipment such as, but
not limited to, boats, boat trailers, travel trailers, pickup campers
or coaches, camping buses or converted trucks and tent trailers may
be stored upon residential property subject to the following requirements:
1.
A paved parking surface for said
vehicles is not required.
2.
Parking of said vehicles shall not
exceed two (2) in number.
3.
Parking of said vehicles shall be
permitted upon residential property owned or secured by long-term
lease by the owner of said vehicle. Parking of vehicles belonging
to guests of the property owner shall be permitted provided that such
vehicles shall not be parked on said property in excess of fourteen
(14) days in any twelve (12) month period.
4.
Parking of said vehicle shall not
protrude over or upon any sidewalk or adjacent roadway.
5.
Residing in recreational vehicles
on private property shall not exceed a total of fourteen (14) days
in any twelve (12) month period.
6.
Said recreational vehicles shall
be properly licensed at all times.
7.
Said recreational vehicles shall
not be used for storage of items unrelated to the use of said vehicle.
[R.O. 1991 § 400.365; Ord. No. 2915-15 § 3, 2-3-2015]
A.
Intent. The intent of this supplementary
district regulation is to insure that in all districts where animal
care facilities are located, the adjoining properties to such use
are sufficiently protected from harmful or offensive sounds, smells
and traffic. With these protections in place, all animal care facilities
may be operated in all agricultural, business and industrial districts
so long as all requirements herein are met.
B.
ANIMAL HOSPITAL
ANIMALS
ANIMAL SHELTER
BOARDING KENNEL
COMMERCIAL KENNEL
CONTRACT KENNEL
INDOOR FACILITIES
OUTDOOR FACILITIES
PET SHOP
POUND
Definitions. All provisions of this Section
are subject to the following specific definitions:
Any facility operated by a licensed veterinarian where veterinarian
services are provided, and may also include grooming, training or
boarding services.
Any dog or cat, which is being used, or is intended for use,
for research, teaching, testing, breeding, or exhibition purposes,
or as a pet.
A facility which is used to house or contain animals, which
is owned, operated, or maintained by an incorporated humane society,
animal welfare society, society for the prevention of cruelty to animals,
or other not-for-profit organization devoted to the welfare, protection,
and humane treatment of such animals, or a person whose primary purpose
is to act as an animal rescue, to collect and care for unwanted animals
or to offer them for adoption.
A place or establishment, other than a pound or animal shelter,
where animals, not owned by the proprietor, are sheltered, fed, and
watered in return for a consideration; however, boarding kennel shall
not include hobby or show breeders who board intact females for a
period of time for the sole purpose of breeding such intact females,
and shall not include individuals who temporarily, and not in the
normal course of business, board or care for animals owned by other
individuals.
A kennel which performs grooming or training services for
animals, and may or may not render boarding services in return for
a consideration.
Any facility operated by any person or entity other than
the State or any political subdivision of the State, for the purpose
of impounding or harboring seized, stray, homeless, abandoned or unwanted
animals, on behalf of and pursuant to a contract with the State or
any political subdivision.
Any kennel, shelter, pet shop or pound that has all aspects
of the animal care completed inside a building that is conditioned
with heat and air throughout. Outdoor use of such a facility for animal
care would be limited to situations where the animals are released
outside in a controlled area and at all times supervised by a person
capable of quieting or controlling such animals.
Any kennel, shelter, pet shop or pound that has any aspect
of the animal care completed outside a building that is conditioned
with heat and air throughout where such animals are not supervised
by a person at any part of such time outside, or inside a building
not conditioned with heat and air throughout.
Any facility where animals are bought, sold, exchanged, or
offered for retail sale to the general public.
A facility operated by the State or any political subdivision
of the State for the purpose of impounding or harboring seized, stray,
homeless, abandoned, or unwanted animals.
C.
In agricultural and industrial districts,
animal hospitals, as well as indoor and outdoor facilities, may be
operated, so long as any such outdoor facility is located no less
than three hundred (300) feet from an adjoining residential structure.
D.
In business districts, only animal hospitals
and indoor facilities may be operated.
[R.O. 1991 § 400.370; Ord. No. 2865-13 § 1(Exh.
A § 400.370), 4-2-2013]
A.
Accessory uses are permitted in any zoning
district in connection with any principal use that is permitted.
B.
Definition. An "accessory use" is a structure
or use which:
1.
Is subordinate to and serves a principal
building and principal use;
2.
Is subordinate in area, extent or
purpose to the principal building or buildings served;
3.
Contributes to the comfort, convenience
or necessity of occupants, business or industry in the principal building
or principal use served;
4.
Is located on the same lot as the
principal building or principal use served.
C.
Permitted Accessory Uses. Any structure or use that complies with the terms of Subsection (B) may be allowed as an accessory use or structure (accessory structures and uses include, but are not limited to, the following list of examples); provided that in each case such structure must fit the general definition of "accessory use" contained in Subsection (B) of this regulation.
2.
A structure for storage incidental
to a permitted use provided no such structure that is accessory to
a residential building shall exceed one hundred fifty (150) square
feet in gross floor area.
3.
A child's playhouse.
4.
A private swimming pool and bathhouse.
5.
A guest house (without kitchen facilities)
or rooms for guests in accessory building, provided such facilities
are used for the occasional housing of guests of the occupants of
the principal building and not as rental units for permanent occupancy
as housekeeping units.
6.
Statuary, arbors, trellises, barbecue
stoves, woodpiles for home use, flagpoles, fences, walls, hedges and
radio and television antennas.
7.
Fallout shelters, provided that they
shall not be used for any principal or accessory use not permitted
in the zoning district.
9.
Off-street parking and loading spaces as regulated by Article III, Division 2 of these regulations.
10.
Storage of major recreational equipment, such as boats, boat trailers, camping trailers, converted buses or trucks, house trailers, provided no part of such storage area is located in the front yard setback in accordance with Section 400.360.
11.
Restaurants, drug stores, gift shops,
swimming pools, tennis courts, club and lounges and newsstands when
located in a permitted hotel, motel or office building.
12.
Employee restaurants and cafeterias
when located in a permitted business or manufacturing or industrial
building.
13.
Offices for permitted business and
industrial uses when said office is located on the same site as the
business or industry to which it is an accessory.
14.
Retail sales for permitted industrial
uses when located on the same site as the industrial use.
15.
The storage of retail merchandise
when located within the same building as the principal retail business.
D.
Prohibited Accessory Uses. None of the
following shall be permitted as an accessory use:
