[R.O. 2011 §400.010; CC 1974 §43.010]
This Chapter shall be known and may be cited and referred to
as "The Zoning Code of the City of Cabool, Missouri".
[R.O. 2011 §400.015; CC 1974 §43.650]
In their interpretation and application, the provisions of this
Chapter shall be held to be minimum requirements, adopted for the
promotion of public health, morals, safety, or the general welfare.
Whenever the requirements of this Zoning Code are at variance with
the requirements of any other lawfully adopted rules, regulations,
or ordinances, the most restrictive, or that imposing the higher standards,
shall govern.
[R.O. 2011 §400.020; CC 1974 §43.020]
A.
The
following rules of construction shall apply to the text of this Chapter.
[R.O. 2011 §400.030; CC 1974 §43.030; Ord. No. 695 §I, 3-24-1997]
The following words and phrases shall have the meanings indicated.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building. An "accessory use" includes, but is
not limited to the following:
A children's playhouse, garden house, and private greenhouse.
A civil defense shelter serving not more than two (2) families.
A garage, shed, or building for domestic storage.
Incinerators incidental to residential use.
Storage of merchandise normally carried in stock on the same
lot with any retail service or business use, unless such storage is
excluded by the district regulations.
A nonpaying guest house or rooms for guests within an "accessory building" provided such facilities are used for
the occasional housing of guests of occupants of the principal building
and not for permanent occupancy by others as housekeeping units.
Off-street motor vehicle parking areas, and loading and unloading
facilities.
A narrow service way providing a secondary public means of
access to abutting properties, and not more than twenty (20) feet
wide.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities, or an enlargement
whether by extending on a side or by increasing in height, or the
moving from one location or position to another, or by change in use
from that of one (1) district classification to another.
Any change in the supporting members of a building such as
bearing walls, columns, beams, or girders.
A room or suite of rooms in a multiple-family structure,
which is arranged, designed, used or intended to be used as a single
housekeeping unit, and which contains complete kitchen, bath and toilet
facilities, permanently installed.
A building arranged, intended, or designed to be occupied
by three (3) or more families living independently of each other.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps.
Engine rebuilding or major reconditioning of worn or damaged
motor vehicles or trailers; collision service, including body, frame
or fender straightening or repair; and overall painting of vehicles.
Incidental repairs, replacement of parts, and motor service
to automobiles, but not including any operation specified under "Automobile repair, major."
A story partly underground but having at least one-half (½)
of its height above the average level of the adjoining ground. A "basement should be counted as a story for the purposes
of height measurement, if the vertical distance between the ceiling
and the average level of the adjoining ground is more than five (5)
feet or if used for business or dwelling purposes.
That property abutting on one (1) side of a street between
the two (2) nearest intersecting streets or other natural barriers.
A building or premises where meals are served for compensation
for five (5) or more persons, but not exceeding twelve (12) persons.
An establishment where meals are served for compensation for more
than twelve (12) persons should be deemed a restaurant.
A structure having a roof supported by columns or walls,
for the shelter, support, enclosure or protection of persons, animals,
chattels, or property. When separated by party walls, each portion
of such building should be considered a separate structure.
The maximum horizontal projected area of a building and its
accessory buildings, excluding open steps, terraces and cornices projecting
not more than thirty (30) inches.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches whether
enclosed or unenclosed but does not include steps.
The vertical distance measured from the average elevation
of the proposed, or existing finished grade at the front of the building
to the highest point of the roof for flat roofs, to the deck line
of mansard roofs, and to the mean height between eaves and ridge for
gable, hip and gambrel roofs.
A story having more than one-half (½) of its height
below grade.
That percentage of the plot or lot area covered by the building
area.
A section of the City for which uniform regulations governing
the use, height, area, and intensity of use by buildings and land,
and open spaces about buildings, are herein established.
A building designed or used exclusively as the living quarters
for one (1) or more families.
A group of two (2) or more one-family, two-family or multiple
dwellings occupying a lot in one (1) ownership and having any yard
in common.
A dwelling or group of dwellings on one (1) plot containing
separate living units for three (3) or more families, but which may
have joint services or facilities or both.
A detached building designed for or occupied exclusively
by one-family.
A dwelling, the walls on two (2) sides of which are in common
with the walls of adjoining dwellings and are party or lot line walls.
A building designed for or occupied exclusively by two (2)
families living independently of each other. May also be referred
to as a duplex.
A building or portion thereof providing complete housekeeping
facilities for one-family.
One (1) or more persons who live together in one (1) dwelling
unit and maintaining a common household. May consist of a single person
or of two (2) or more persons, whether or not related by blood, marriage
or adoption. May also include domestic servants and gratuitous guests.
The sum of the gross horizontal areas of the several floors
of the building or buildings, measured from the exterior faces of
exterior walls or from the centerline of walls separating two (2)
buildings. In particular, the "floor area" of a building
or buildings includes:
Basement space.
Elevator shafts and stairwells at each floor.
Floor space for mechanical equipment, with structural headroom
of seven (7) feet, six (6) inches, or more.
Penthouses.
Attic space (whether or not a floor has actually been laid)
providing structural headroom of seven (7) feet, six (6) inches, or
more.
Interior balconies and mezzanines.
Enclosed porches.
Accessory uses, not including space for accessory off-street
parking.
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However, the "floor area" of a building shall
not include:
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1.
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Cellar space, except that cellar space used for retailing should
be included for the purpose of calculating requirements for accessory
off-street parking spaces and accessory off-street loading berths.
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2.
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Elevator and stair bulkheads, accessory water tanks and cooling
towers.
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3.
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Floor space used for mechanical equipment, with structural headroom
of less than seven (7) feet, six (6) inches.
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4.
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Attic space, whether or not a floor has actually been laid,
providing structural headroom of less than seven (7) feet, six (6)
inches.
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5.
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Uncovered steps.
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6.
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Terraces, breezeways and open spaces.
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7.
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Accessory off-street parking spaces.
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8.
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Accessory off-street loading berths up to two hundred percent (200%) of the amount required by Section 400.180.
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All the property abutting on one (1) side of a street or
place between two (2) intersecting streets or places (crossing or
terminating) or if the street or place is dead-ended, then all of
the property abutting on one (1) side between an intersecting street
or place and the dead-end of the street or place.
A group of minor garages, one (1) story in height, arranged
in a row or surrounding a common means of access and erected for the
use of adjacent property owners having no minor garage on their individual
lots.
An accessory building, housing not to exceed four (4) motor-driven
vehicles, the property of and for the use of the occupants of the
lot on which the private garage is located.
Any garage other than a private garage, available to the
public, operated for gain, and which is used for storage, repair,
rental, greasing, washing, servicing, adjusting or equipping of automobiles
or other motor vehicles.
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 business operated in a residential dwelling that manufactures,
provides, or sells goods or services and that is owned and operated
by the owner or tenant of the residential dwelling. A home-based business
is considered a no-impact, home-based business:
[Ord. No. 002-2023, 8-21-2023]
If the total number of employees and clients on-site at one
(1) time does not exceed the occupancy limit for the residential dwelling;
The activities of the business:
Is limited to the sale of lawful goods and services;
May involve having more than one (1) client on the property
at one (1) time;
Does not cause a substantial increase in traffic through the
residential area;
Does not violate any parking regulations established by the
City;
Occurs inside the residential dwelling or in the yard of the
residential dwelling;
Is not visible from the street; and
Does not violate any other narrowly tailored Federal, State
or City regulations.
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If a home-based business does not meet the definition as a no-impact,
home-based business, to ensure the public health and safety is protected
and to ensure that such home-based business complies with State and
Federal laws and pays applicable taxes, a conditional use permit shall
be sought and obtained from the Board of Adjustment, which shall conduct
a public hearing on said application. A fee of thirty-five dollars
($35.00) shall be paid to the Clerk of the City of Cabool at the time
the application is filed, and an additional fee of forty dollars ($40.00)
shall be paid to the City Clerk prior to the time of publication of
the "notice of public hearing." All fees shall be paid over to the
City to the credit of the General Revenue Fund of the City.
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Any lawful occupation performed by a resident within a residential
home or accessory structure, which is clearly incidental and secondary
to the use of the dwelling unit for residential purposes and does
not change the residential character of the residential building or
adversely affect the character of the surrounding neighborhood.
[Ord. No. 002-2023, 8-21-2023]
Unless otherwise specified, the term "hospital" should be deemed to include sanitarium, sanatorium, preventorium,
clinic, rest home, nursing home, convalescent home or any other place
for the diagnosis, treatment or other care of ailments, and should
be deemed to be limited to places for the diagnosis, treatment or
other care of human ailments.
A building in which lodging is provided and offered to the
public for compensation and in which ingress and egress to and from
rooms is made through an inside lobby or office supervised by a person
in charge at all hours, and which is open to transient guests, in
contradistinction to a boarding house or lodging house.
A business that provides home type washing, drying and/or
ironing machines and/or dry cleaning machines for hire to be used
by customers on the premises.
A space within the main building or on the same lot therewith
providing for the standing, loading, or unloading of trucks.
A building or premises where lodging is provided for compensation
for five (5) or more persons, but not exceeding twelve (12) persons.
A parcel, tract or area of land accessible by means of a
street or place. It may be a single parcel separately described in
a deed or plat which is recorded in the Office of the County Recorder,
or it may include parts of or a combination of such parcels when adjacent
to one another and used as one.
A lot at the junction of and having frontage on two (2) or
more intersecting streets.
The percentage of the lot area covered by the building area.
The mean horizontal distance between the front lot line and
the rear lot line, measured in the general direction of the side lot
lines.
A lot other than a corner lot or through lot.
In the case of an interior lot, a line separating the lot
from the street or place; and in the case of a corner lot a line separating
the narrowest frontage of the lot from the street.
A lot having frontage on two (2) parallel or approximately
parallel streets and which is not a corner lot.
The dimension of a lot, measured between side lot lines on
the building line.
That area, in the case of a Community Unit Plan, not occupied
by rights-of-way.
A building or use of land that does not conform to the regulations
for the district in which it is situated.
A school designed to provide daytime care or instruction
for two (2) or more children from two (2) to five (5) years of age
inclusive.
An outdoor sign, display, device, figure, painting, drawing,
message, plaque, poster, billboard, or other thing designed, intended
or used to advertise or inform, any part of the advertising or information
contents of which is visible from any point of the traveled ways of
the interstate or primary systems.
Any place, lot, parcel or yard used in whole or in part for
the storage or parking of two (2) or more vehicles where such usage
is not incidental to or in conjunction with a dwelling, or other usage
permissible in dwelling districts and located on the same tract.
An off-street space available for the parking of one (1)
motor vehicle, and having an area of not less than one hundred eighty
(180) square feet exclusive of passageways and driveways appurtenant
thereto and giving access thereto and having direct access to a street
or alley.
An open unoccupied space other than a street or alley, permanently
reserved as the principal means of access to abutting property.
A dwelling occupied by permanent guests only and not by transients.
It may include restaurants, newsstands and other accessory services
primarily for serving its occupants and only incidentally the public.
A building, buildings, premises or portions thereof which
are used or arranged, designed, or intended to be used for the retail
sale of gasoline or other motor vehicle, motor boat or aircraft fuels.
Any building, structure or portion thereof which is used
in whole or in part for the shelter or care of horses, cattle or other
similar animals, either permanently or transiently.
That portion of a building 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 any floor and the ceiling
next above it.
A public or private way which affords the principal means
of access to abutting properties.
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grades of the street should be taken as the street grade.
Anything constructed or erected, the use of which requires
location on the ground, or attachment to something having location
on the ground.
The specific purpose for which land or a building is designed,
arranged, intended, or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent should
not be deemed to include any non-conforming use.
A space on the same lot with a principal building, open,
unoccupied, and unobstructed by structures, except as otherwise provided.
A yard extending across the full width of the lot, unoccupied
other than by steps, walks, terraces, driveways, lamp posts and similar
structures, the depth of which is the least distance between the front
lot line and the building line.
A yard extending across the full width of the lot between
the rear of the principal building and the rear lot line unoccupied
other than by accessory buildings which do not occupy more than thirty
percent (30%) of the required space, and steps, walks, terraces, driveways,
lamp posts, and similar structures, the depth of which is the least
distance between the rear lot line and the rear of such principal
building.
A yard between the principal building and the side lot line,
extending from the front yard or from the front lot line where no
front yard is required, to the rear yard. The width of the required
side yard is measured horizontally, at ninety degrees (90°) with
the side lot line, from the nearest part of the principal building.
A map entitled "Cabool, Missouri, Zoning District Map," dated
February, 1966, and any amendments thereto.
[R.O. 2011 §400.040; CC 1974 §43.050]
A.
The
City of Cabool should be classified and divided into seven (7) districts
designated as follows:
1.
Residential Districts.
"R-1" One-Family Dwelling District
"R-2" One-Family Dwelling District
"R-3" Multiple-Family Dwelling District
2.
Business Districts.
"B-1" Central Business District
"B-2" Highway Business District
3.
Industrial District.
"I-1" General Industrial District
4.
Special District.
"S-1" Flood Plain and Drainageway District.
[R.O. 2011 §400.050; CC 1974 §43.055; Ord. No. 816 §1, 11-1-2004]
The Official Zoning District Map of the City of Cabool shows the boundaries of the areas covered by the districts listed in Section 400.040.
[R.O. 2011 §400.060; CC 1974 §43.060]
A.
Where
uncertainty exists with respect to the boundaries of any of the aforesaid
districts as shown on the Zoning District Map, the following rules
shall apply:
1.
Where district boundaries are indicated as approximately following
the centerlines of streets or highways, street lines, or highway right-of-way
lines, such centerlines, street lines, or highway right-of-way lines
should be construed to be such boundaries.
2.
Where district boundaries are so indicated that they approximately
follow the lot lines, such lot lines should be construed to be said
boundaries.
3.
Where district boundaries are so indicated that they are approximately
parallel to the centerlines or street lines of streets, or the centerlines
or right-of-way lines of highways, such district boundaries should
be construed as being parallel thereto and at such distance therefrom
as indicated on the Zoning District Map. If no distance is given,
such dimension should be determined by the use of the scale shown
on the Zoning District Map.
4.
Where the boundary of a district follows a railroad line, such boundary
should be deemed to be located in the middle of the main tracks of
said railroad line.
5.
Where the boundary of a district follows a stream, lake or other
body of water, the boundary should be the limit of the jurisdiction
of the City of Cabool, unless otherwise indicated.
[R.O. 2011 §400.070; CC 1974 §43.065]
Whenever any street, alley, public way, railroad right-of-way,
waterway or other similar area is vacated by proper authority, the
districts adjoining each side of such street, alley, public way, railroad
right-of-way, or similar area should be extended automatically to
the center of such vacation and all area included in the vacation
should then and thenceforth be subject to all appropriate regulations
of the extended districts. In the event of a partial vacation, the
adjoining district, or district nearest the portion vacated, should
be extended automatically to include all the vacated area.
[R.O. 2011 §400.080; CC 1974 §43.075]
A.
Except
as hereinafter provided:
1.
No building or land shall be used or occupied and no building or
part thereof shall be erected, moved, or altered unless in conformity
with the regulations specified for the district in which it is located.
2.
No building shall be erected or altered:
3.
No part of a yard or other open space about any building required
for the purpose of complying with the provisions of the standards
in this report shall be included as a part of a yard or other open
space similarly required for another building.
