[R.O. 2013 §405.010; CC 1991 §400.010; CC §42.010; Ord. No. 22.09 §1, 10-30-1967]
This Chapter will be known and may be cited and referred to
as the Zoning Code of the City of Tarkio.
[R.O. 2013 §405.020; CC 1991 §400.020; CC §42.020; Ord. No. 22.09 §2, 10-30-1967]
For the purpose of this Chapter, certain terms and words are
hereby defined. Words used in the present tense shall include the
future; the singular number shall include the plural and the plural
the singular; the word "building" shall include the
word "structure" and the word "shall" is mandatory and not directory.
A subordinate building which is incidental to and customary
in connection with the principal building or use and which is located
on the same lot with such principal building or use.
A subordinate use which is incidental to and customary in
connection with the principal building or use and which is located
on the same lot with such principal building or use.
A public or private thoroughfare which affords only a secondary
means of access to abutting property.
A story having part but not more than one-half (½)
basement is counted as a story for the purpose of height regulation
if subdivided and used for dwelling purposes other than by a janitor
employed on the premises.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
upon the same lot.
See "LODGING HOUSE".
The width of the lot left to be built upon after the side
yards are provided.
Any structure having a roof supported by columns or walls
built for the support, shelter or enclosure of persons, animals, chattels
or property of any kind but not including any vehicle, trailer (with
or without wheels) nor any movable device such as furniture, machinery
or equipment. When any portion of a building is completely separated
from any other portion thereof by a division wall without openings
or by a fire wall, then each such portion shall be deemed to be a
separate building.
The vertical distance from the grade to the highest point
of the coping of a flat roof, or the deck line of a mansard roof,
or to the mean height level between eaves and ridge for gable, hip
and gambrel roof.
A story having more than one-half (½) of its height
below grade.
An establishment where patients are not lodged overnight
but are admitted for examination and treatment by a group of physicians
or dentists practicing medicine together.
Any building or portion thereof which is designed and used
exclusively for residential purposes.
A building designed for or occupied exclusively by more than
two (2) families.
Any home in which eight (8) or fewer unrelated mentally or physically
handicapped persons reside and may include two (2) additional persons
acting as houseparents or guardians who need not be related to each
other or to any of the mentally or physically handicapped persons
residing in the home. In the case of any such residential home for
mentally or physically handicapped persons, the local zoning authority
may require that the exterior appearance of the home and property
be in reasonable conformance with the general neighborhood standards.
Further, the local zoning authority may establish reasonable standards
regarding the density of such individual homes in any specific single-family
dwelling neighborhood.
Any private residence licensed by the Division of Family Services
or Department of Mental Health to provide foster care to one (1) or
more but less than seven (7) children who are unrelated to either
foster parent by blood, marriage or adoption.
A building designed for or occupied exclusively by two (2)
families.
One (1) or more rooms in a dwelling occupied or intended
to be occupied as separate living quarters by a single-family as defined
herein.
One (1) or more persons related by blood, marriage or adoption,
occupying a dwelling unit as an individual housekeeping organization.
A family may include not more than two (2) persons not related by
blood, marriage or adoption.
An area which is used for the growing of the usual farm products,
such as vegetables, fruit, trees and grain and their storage on the
area, as well as for the raising thereon of the usual farm poultry
and farm animals, such as horses, cattle, sheep and swine. The term "farming" includes the operating of such an area for one
(1) or more of the above uses, including dairy farms with the necessary
accessory uses for treating or storing the produce; provided however,
that the operation of such accessory uses shall be secondary to that
of the normal farming activities and, provided further, that farming
does not include the feeding of collected garbage or offal to swine
or other animals.
The total number of square feet of floor space within the
exterior walls of a building, not including space in cellars or basements;
however, if the cellar or basement is used for business or commercial
purposes, it shall be counted as floor area in computing off-street
parking requirements.
All the property on one (1) side of a street between two
(2) intersecting streets (crossing or terminating) measured along
the line of the street, or if the street is dead-ended, then all of
the property abutting on one (1) side between an intersecting street
and the dead-end of the street, but not including property more than
four hundred (400) feet distant on either side of a proposed building
or structure.
A detached accessory building, or portion of the main building,
housing the automobiles of the occupants of the premises.
Any building or premises, except those used as a private
or storage garage, used for equipment, repairing, hiring, selling
or storing motor-driven vehicles. The term "repairing" shall not include an automotive body repair shop nor the rebuilding,
dismantling or storage of wrecked or junked vehicles.
The average level of the finished surface of the ground for
buildings more than five (5) feet from a street line. For buildings
closer than five (5) feet to a street line, the grade is the sidewalk
elevation at the center of the building. If there is more than one
(1) street, an average sidewalk elevation is to be used. If there
is no sidewalk, the Building Inspector shall establish the sidewalk
grade.
Any home in which eight (8) or fewer unrelated mentally or
physically handicapped persons reside, and may include two (2) additional
persons acting as houseparents or guardians who need not be related
to each other or to any of the mentally or physically handicapped
persons residing in the home.
Any occupation or profession carried on by a member of the
immediate family, residing on the premises, in connection with which
there is used no sign other than a name plate, or no display that
will indicate from the exterior that the building is being utilized
in whole or in part for any purpose other than that of a dwelling;
there is no commodity sold upon the premises; no person is employed
other than a member of the immediate family residing on the premises;
and no mechanical equipment is used except such as is permissible
for purely domestic household purposes.
A building in which lodging is provided and offered to the
public for compensation, and which is open to transient guests, in
contradistinction to a boardinghouse or lodging house as herein defined.
A building occupied by a non-profit corporation or a non-profit
establishment for public use.
A business that provides home-type washing, drying or ironing
machines for hire to be used by customers on the premises.
A building or place where lodging and boarding is provided
(or which is equipped regularly to provide lodging and boarding by
pre-arrangement for definite periods), for compensation, for three
(3) or more but not exceeding twelve (12) individuals, not open to
transient guests, in contradistinction to hotels open to transients.
A parcel of land occupied or intended for occupancy by a
use permitted in this Chapter, including one (1) main building together
with its accessory buildings, open spaces and parking spaces required
by this Chapter, and having its principal frontage upon a street.
A lot abutting upon two (2) or more streets at their intersection.
The mean horizontal distance between the front and rear lot
lines.
A lot having a frontage on two (2) non-intersecting streets
as distinguished from a corner lot.
A lot or parcel of land, the deed of which has been recorded
in the office of the County Recorder of Atchison County, Missouri,
prior to the adoption of this Chapter.
Rural Agricultural Low-Density District is intended for neighborhoods
in the City consisting primarily of single-family homes on individual
building lots. The Low Agriculture District is the least intense of
agriculture zoning districts with restrictions on the density and
intensity of use to protect and enhance the character of neighborhoods.
[Ord. No. 213.19; 2-13-2019]
Any building or group of buildings containing guest rooms
or dwelling units, some or all of which have a separate entrance leading
directly from the outside of the building with garage or parking space
conveniently located on the lot and designed, used or intended wholly
or in part for the accommodation of automobile transients.
Any building or land lawfully occupied by a use on October
30, 1967 or amendment to this Chapter which does not conform after
the passage of this Chapter or amendment thereto with the use regulations
of the district in which it is situated.
A home for the aged or infirm in which three (3) or more
persons not of the immediate family are received, kept or provided
with food and shelter or care, for compensation, but not including
hospitals, clinics or similar institutions.
An area, enclosed or unenclosed, sufficient in size to store
one (1) automobile, together with a driveway connecting the parking
space with a street, road or alley and permitting ingress and egress
of an automobile.
A lot, together with all buildings and structures thereon.
Any building or premises used for the sale, at retail, of
motor vehicle fuels, oils or accessories, or for servicing or lubricating
motor vehicles, or installing or repairing parts and accessories,
but not including the repairing or replacement of motors, bodies or
fenders of motor vehicles, or painting motor vehicles, and excluding
public garages.
An identification, description, illustration or device which
is affixed to or represented directly or indirectly upon a building,
structure or land and which directs attention to a product, place,
activity, person, institution or business.
A structure not less than one hundred twenty-eight (128)
square feet and not to exceed nine hundred (900) square feet and not
exceeding two (2) stories in height. Intended for use as a permanent,
single-family residence. The structure must be connected to public
utilities (electric, water and sewer). A manufactured home, mobile
home or travel unit as defined in this Section is not considered a
small house.
[Ord. No. 229.19; 12-4-2019]
Any development, site, parcel or tract of land designated, maintained or intended to be used for the purpose, placement or construction of a small house, as defined in Section 405.020.
[Ord. No. 229.19; 12-4-2019]
That portion of a building, other than a cellar, included
between the surface of any floor and the surface of the floor next
above it, or if there be no floor above it, then the space between
the floor and the ceiling next above it.
A space under a sloping roof which has the line of intersection
of roof decking and wall face not more than three (3) feet above the
top floor level and in which space not more than sixty percent (60%)
of the floor area is finished off for use. A half story may be used
for occupancy only in conjunction with the occupancy of the floor
immediately below.
A public way which affords the principal means of access
to abutting property.
Any change except those required by law or ordinance that
would prolong the life of the supporting members of a building or
structure, such as bearing walls, columns, beams or girders, not including
openings in bearing walls as permitted by other ordinance.
Anything constructed or erected, the use of which requires
permanent location on the ground or attached to something having a
permanent location on the ground and including, but not limiting,
the generality of the foregoing, advertising signs, billboards, backstops
for tennis courts and pergolas.
A vehicle equipped for use as a dwelling and designed to
be hauled along a highway.
An area where two (2) or more trailers can be or are intended
to be parked, designed or intended to be used as living facilities
for one (1) or more families.
An open space on the same lot with a building unoccupied
and unobstructed by any portion of the structure from the ground upward,
except as otherwise provided in this Chapter.
A yard across the full width of the lot extending from the
front line of the main building to the front line of the lot.
A yard extending the full width of the lot between a main
building and the rear lot line.
A yard between the main building and the side line of the
lot and extending from the front yard line to the rear yard line.
[R.O. 2013 §405.030; CC 1991 §400.030; CC §42.030; Ord. No. 22.09 §3, 10-30-1967]
A.
In
order to classify, regulate and restrict the locations of trades,
industries, and the location of buildings designed for specified uses;
to regulate and limit the height and use of buildings hereafter erected
or structurally altered; to regulate and limit the intensity of use
and the lot areas; and to regulate and determine the areas of yards,
courts, and other open spaces surrounding such buildings, the City
is hereby divided into districts of which there shall be eight (8)
in number known as:
[Ord. No. 213.19; 2-13-2019]
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"R-A" Rural Agricultural District
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"R-A L" Rural Agricultural Low-Density District
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"R-1" Residential District
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"R-2" General Residential District
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"B-1" General Business District
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"B-2" Central Business District
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"I-1" Light Industrial District
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"I-2" Heavy Industrial District
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B.
The
boundaries of these districts are shown upon the "District Map". Said
map and all the information shown thereon shall have the same force
and effect as if all were fully set forth or described herein. The
original of this "District Map" is properly attested and is on file
with the City Clerk.
C.
All
territory which may hereafter be annexed to the City of Tarkio shall
be classified in the "R-A" Agricultural District until, within a reasonable
time after annexation, the annexed territory shall be appropriately
classified by ordinance.
D.
Whenever
any street or other public way is vacated by official action of the
City of Tarkio, the zoning district adjoining each side of such street
or public way shall be automatically extended to the center of such
vacation and all area included in the vacation shall then and henceforth
be subject to all appropriate regulations of the extended districts.
E.
Where
uncertainty exists with respect to the boundaries of the various districts
as shown on the District Map, the following rules shall apply:
1.
Where a boundary line is given a position within a street, alley
or non-navigable stream, it shall be deemed to be in the center of
the street, alley or stream, and if the actual location of such street,
alley or stream varies slightly from the location as shown on the
District Map, then the actual location shall control.
2.
Where a boundary line is shown as being located a specific distance
from a street line or other physical feature, this distance shall
control.
3.
Where a boundary line is shown adjoining or coincident with a railroad,
it shall be deemed to be in the center of the railroad right-of-way
and distances measured from a railroad shall be measured from the
center of the designated main line track.
4.
Where the district boundaries are not otherwise indicated and where
the property has been or may hereafter be divided into blocks and
lots, such boundaries shall be construed to be the lot lines and where
the districts are bounded approximately by lot lines, said lot lines
shall be construed to be the boundary of such districts unless said
boundaries are otherwise indicated on the map.
5.
In subdivided property, unless otherwise indicated, the district
boundary line shall be determined by the use of the scale contained
on such map.
F.
Except
as hereinafter provided:
1.
No building or structure shall be erected, converted, enlarged, reconstructed,
moved or structurally altered nor shall any building or land be used
except for the purpose permitted in the district in which the building
or land is located.
2.
No building or structure shall be erected, converted, enlarged, reconstructed,
moved or structurally altered except in conformity with the height,
yard, area per family, parking and other regulations prescribed herein
for the district in which the building is located.
3.
The minimum yards and other open spaces including lot areas per family
required by this Chapter shall be provided for each and every building
or structure hereafter erected, and such minimum yards, open spaces
and lot areas for each and every building or structure whether existing
on October 30, 1967 or hereafter erected shall not be encroached upon
or be considered as a yard or open space requirements for any other
building or structure.
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 unless otherwise provided
in this Chapter.
