[R.O. 2007 App. B §1; Ord. No. 3900 §1(1), 3-6-1972]
A.Â
Title. These regulations may be referred to as the "zoning
ordinance".
B.Â
Intent And Purpose.
1.Â
These regulations have been based upon the Comprehensive Plan for
the City of Poplar Bluff, Missouri. Said Comprehensive Plan included
estimates of population growth, a land use plan, plans for major thoroughfares,
community facilities and public services.
2.Â
The regulations are intended to preserve and protect existing property
uses and values against adverse or unharmonious adjacent uses.
3.Â
The land use regulations divide the area into a number of zoning
districts.
a.Â
In the past, residential neighborhoods have deteriorated because
they were invaded by small isolated commercial uses and by more intensive
residential uses such as duplexes or apartment buildings. The great
majority of our population desires to and does live in single-family
homes which they own and which are located on fairly large lots. The
regulations establish residential districts particularly designed
to provide maximum protection for single-family homes.
b.Â
Other residential districts are established for two-family homes
and for apartments. Density, yard and parking regulations would ensure
good living conditions in these areas. Much of present day building
is by large projects instead of lot by lot. The regulations provide
for large scale developments (ten (10) acres or more) which may be
located in any residential district with approval of the site plan
and with conformity of the plan to the overall density standards of
the district. This introduces an important measure of flexibility
into the regulations.
c.Â
Commercial districts recognize the different types of commercial
areas that will be needed by the future growth for the community.
There is a zoning district for the neighborhood commercial area, i.e.,
the grocery store — drugstore complex serving the adjacent residential
neighborhoods. For the more widely used commercial areas along major
streets and highways, there is a general commercial district. There
is a central commercial district for the downtown area and a special
planned district for the shopping centers.
d.Â
For industry there are two (2) districts, a restricted district for
non-obnoxious light industrial uses with landscaped front yards and
no open storage and a general or unrestricted industrial district.
[R.O. 2007 App. B §10(E); Ord. No. 3900 §1(10)(E), 3-6-1972]
In interpreting and applying the provisions of this Chapter,
they shall be held to be the minimum requirements for the promotion
of the public safety, health, convenience, comfort, morals, prosperity
and general welfare. It is not intended by this Chapter to interfere
with or abrogate or annul any easements, covenants or other agreements
between parties, except that if this Chapter imposes a greater restriction,
this Chapter shall control.
[R.O. 2007 App. B §11; Ord. No. 3900 §1(11), 3-6-1972; Ord. No. 4707 §1, 12-6-1982; Ord. No. 4713 §2, 1-3-1983; Ord. No. 5529 §3, 3-2-1992; Ord. No. 5546 §1, 6-15-1992; Ord. No. 5847 §1, 11-20-1995; Ord. No. 6604 §1, 5-5-2003; Ord. No. 6618 §1, 6-2-2003]
For the purpose of this Chapter, certain terms 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 words "structure" and "premises"; the word "shall" is mandatory and the word "may" is permissive; the
words "used" or "occupied" shall
be construed to include "intended", "designed" or "arranged to be used or occupied"; the word "lot" includes the words "plot" or "parcel" and the word "person" includes
a firm, association, organization, partnership, trust, company or
corporation as well as an individual. Any word not herein defined
shall be as defined in any recognized standard English dictionary.
A subordinate building, the use of 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.
Banners affixed on poles, wires or ropes and streamers, wind-operated
devices, flashing lights and other similar devices.
Agricultural activity, including forests and forest products,
harvest and management, dairy farming, livestock grazing and pasturage,
truck gardening, the raising of crops, fruit and nursery stock, fish
farms, animal kennels and fur-bearing animal farms and the harvesting,
processing, packaging, packing, shipping and selling of products produced
on the premises and incidental farm occupations and uses such as machinery,
farm equipment and domestic repair and construction, excluding commercial
feed lots.
A public or private thoroughfare which affords only a secondary
means of access to abutting property.
See "DWELLING UNIT".
Any land, building, structure 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 replacing of motors,
bodies or fenders of motor vehicles or painting motor vehicles, public
garages and the open storage of rental vehicles or trailers.
Any commercial establishment that sells any intoxicating
beverages.
A portion of a building which is wholly or partly below grade,
the ceiling of which is less than four (4) feet above grade, which
shall not be included as a story.
Any place of lodging that:
Provides four (4) or fewer guest rooms for rent to no more than
a total of ten (10) tourist or transient guests;
Provides no meals other than breakfast and provides the breakfast
only to registered guests of the establishment;
If the owner's personal residence or the owner has direct supervision
and responsibility during periods of occupancy;
Provides rooms for rent for more than ten (10) nights in a twelve
(12) month period;
Has completed any structural additions to the dimensions of
the original structure prior to application for a conditional use
permit, including by renovation, except a structural addition may
be made within the dimensions of the original structure with prior
approval from the Planning and Zoning Commission and the City Council.
Board of Adjustment established in Section 405.330.
A building, other than a hotel or apartment hotel, where
for compensation and by prearrangement for definite periods lodging,
meals or lodging and meals are provided for three (3) or more persons.
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
for the shelter or enclosure of persons or property and when separated
by fire walls, each portion of such building so separated shall be
deemed a separate building.
The vertical distance from the grade to:
The individual designated to administer the zoning ordinance
and who is responsible for the enforcement of the regulations imposed
by said ordinance.
A line beyond which the exterior face of a building shall
not extend.
[Ord. No. 19-39, 6-3-2019]
A standardized, reusable vessel that was originally designed
for or used in the packing, shipping, movement, or transportation
of freight, articles, goods or commodities; and/or
A standardized, reusable vessel that was originally designed
for or capable of being mounted or moved by rail, truck or ship by
means of being mounted on a chassis or similar transport device. This
definition includes the terms "transport containers," "semi-tractor
trailers" and "portable site storage containers" having similar appearance
to and similar characteristics of cargo containers.
A structure consisting of a roof, supports and a base, basically
open on two (2) or more sides.
That part of a building having more than one-half (½)
of its height below the average grade of the adjoining ground.
A child day-care center or center, whether known or incorporated
under another title or name, is a child care program conducted in
a location other than the provider's permanent residence, or separate
from the provider's living quarters, and licensed by the Department
of Health and Senior Services of the State of Missouri where care
is provided for children not related to the child care provider for
any part of the twenty-four-hour day.
[Ord. No. 19-48, 7-15-2019]
Includes a facility in which a body of believers or communicants
assembles regularly in order to worship. Other key factors include
whether the organization has a distinct legal existence, recognized
creed and form of worship, definite and distinct ecclesiastical government,
a formal code of doctrine and discipline, distinct religious history,
membership not associated with any other church or denomination, organization
of ordained ministers, ordained ministers selected after completing
prescribed studies, literature of its own, established places of worship,
regular congregations, and regular religious services. No single factor
is controlling, but having regular meetings with a regular congregation
will be weighted more heavily than some of the other factors if questions
arise regarding whether a facility serves as a church.
[Ord. No. 19-48, 7-15-2019]
City of Poplar Bluff, Missouri.
An administrative official designated by the City Manager
to coordinate the activities of the Commission, the Council, the Board,
the Building Inspector and the public.
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.
Buildings and facilities owned or operated by a corporation,
association, person or persons for a social, educational or recreational
purpose, but not primarily for profit and not primarily to render
a service which is customarily carried on as a business.
An area of land devoted to raising and feeding of livestock
where the operation is not part of a normal agricultural activity.
City Planning and Zoning Commission of Poplar Bluff, Missouri.
A use allowed in a zoning district after a permit is granted by the Council according to provisions of Section 400.035.
City Council of Poplar Bluff, Missouri.
An open space more than one-half (½) surrounded by
buildings.
A standard subdivision plat plus sites for proposed single-family,
two-family and multiple-family dwellings and other public and non-public
uses such as churches, schools, recreation centers, etc.; contours
at an interval to be determined by the Commission; significant features
including watercourses, marshes, rock outcrops and miscellaneous buildings.
A part of the City wherein regulations of this Chapter are
uniform.
Any building or portion thereof which is designed and used
exclusively for residential purposes.
A building designed for or occupied exclusively by three
(3) or more families.
A building designed for or occupied exclusively by one (1)
family.
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.
A hotel, tourist rooming houses, bed and breakfast establishment,
restaurant, temporary restaurant or vending machine commissary.
One (1) or more persons related by blood, marriage or adoption,
occupying a dwelling unit as an individual housekeeping organization.
A family may not include more than two (2) persons not related by
blood, marriage or adoption.
See "AGRICULTURAL ACTIVITY".
A structure for enclosure or screening.
The square feet of floor space within the outside line of
walls and includes the total of all space on all floors of a building.
It does not include porches, garages or space in a basement or cellar
when said basement or cellar space is used for storage or incidental
uses.
The floor area of the building divided by the area of the
lot.
All the property on one (1) side of a street or highway between
two (2) intersecting streets (crossing or terminating) or for a distance
of four hundred (400) feet on either side of a proposed building or
structure, measured along the line of the street; or if the street
is dead-ended, then all of the property abutting on (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 or portion of a main building housing
the automobiles of the occupants of the premises, but not commercial
vehicles.
A building or portion thereof, other than a private or storage
garage, designed or used for equipping, servicing, repairing, hiring,
selling, storing or parking 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.
Any building or premises used for housing only motor-driven
vehicles, other than trucks and commercial vehicles.
The average level of the finished surface of the ground adjacent
to the exterior walls of the building.
Any sign erected, constructed or maintained for the purpose
of displaying outdoor advertising by means of posters, pictures, pictorial
and reading matter when such sign is supported by two (2) or more
uprights, posts or braces placed upon or affixed in the ground and
not attached to any part of a building.
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 room or unit where sleeping accommodations are regularly
furnished to the public.
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 nameplate not more than three (3)
square feet in area or no display that will indicate from the exterior
that the building is being utilized in whole or part for any purpose
other than that of a dwelling; there is no commodity sold upon the
premises except that prepared on the premises; no person is employed
other than a member of the immediate family residing on the premises;
and no mechanical equipment is used that creates excessive noise or
vibration. Home occupation shall include insurance and legal offices,
minor repairs and services, but shall not include barbershops, beauty
shops or pet shops.
An institution providing primary health services and medical
or surgical care to persons, primarily inpatients, suffering from
illness, disease, injury, deformity and other abnormal physical or
mental conditions and including, as an integral part of the institution,
related facilities such as laboratories, outpatient facilities or
training facilities.
All places wherein sleeping accommodations are offered for
pay to transients in five (5) or more rooms and all places used in
connection therewith. "Hotelkeeper", "motelkeeper" and "innkeeper"
are synonymous and "inn", "motel" and "hotel" are synonymous.
A non-profit establishment for public use.
See "RESIDENTIAL CARE CENTER" and "RESIDENTIAL SCHOOLS AND/OR LEARNING CENTERS" herein.
An establishment where small animals are boarded for compensation
or where dogs are bred or raised on a commercial scale.
An area that is permanently devoted and maintained to the
growing of shrubbery, grass and other plant material.
A space within the main building or on the same lot for the
standing, loading or unloading of trucks, having a minimum area of
four hundred twenty (420) square feet, a minimum width of twelve (12)
feet, a minimum depth of thirty-five (35) feet and a vertical clearance
of at least fourteen and five-tenths (14.5) feet.
Same as "BOARDING HOUSE".
A parcel of land occupied or intended for occupancy by a
use permitted in this Chapter, including one (1) main building with
its accessory buildings, open spaces and parking spaces required by
this Chapter and having its principal frontage upon a road or street.
A lot abutting upon two (2) or more streets at their intersections.
The mean horizontal distance between the front and rear lot
lines.
A lot having a frontage on two (2) non-intersecting roads,
as distinguished from a corner lot.
A lot other than a corner lot.
A lot or parcel of land the plat or deed of which has been
recorded prior to the adoption of this Chapter.
The width of a lot at the front yard line.
Cannabis Indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
seed thereof and resin extracted from the plant and marijuana-infused
products. Marijuana does not include industrial hemp containing a
crop-wide average tetrahydrocannabinol concentration that does not
exceed three-tenths of one percent (1%) on a dry-weight basis, or
commodities or products manufactured from industrial hemp.
[Ord. No. 19-48, 7-15-2019]
Products that are infused with marijuana or an extract thereof
and are intended for use or consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures and concentrates.
[Ord. No. 19-48, 7-15-2019]
Any sign affixed to a marque over the entrance to a building
and supported from the building.
Any establishment having a fixed place of business where
any person, firm, association or corporation engages in or carries
on or permits to be engaged in or carried on any of the activities
mentioned in this Chapter.
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport, and sell marijuana to a medical
dispensary facility, medical marijuana testing facility, or to a medical
marijuana-infused products manufacturing facility.
[Ord. No. 19-48, 7-15-2019]
A facility licensed by the State of Missouri to acquire,
store, sell, transport, and deliver marijuana, marijuana-infused products
and drug paraphernalia used to administer marijuana as provided for
in this Section to a person no less than twenty-one (21) years of
age, qualifying patient, a primary caregiver, another medical marijuana
dispensary facility, a medical marijuana testing facility, or a medical
marijuana-infused projects manufacturing facility.
[Ord. No. 19-48, 7-15-2019; Ord. No. 23-55, 9-18-2023]
A facility certified by the State of Missouri to acquire,
test, certify, and transport marijuana.
[Ord. No. 19-48, 7-15-2019]
A facility licensed by the State of Missouri to acquire,
store, manufacture, transport, and sell marijuana-infused products
to a medical marijuana dispensary facility, a medical marijuana testing
facility, or to another medical marijuana-infused projects manufacturing
facility.
[Ord. No. 19-48, 7-15-2019]
Persons with significantly subaverage general intellectual
functioning existing concurrently with deficits in adaptive behavior,
manifest during the developmental period and diagnosed by appropriate
professional authorities. In no manner does this definition mean or
imply or make any association with the mentally ill.
Any building or group of buildings containing guest rooms
or dwelling units, some or all of which have a separate entrance 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.
The lawful use of land or a building or a portion thereof,
which use does not conform with the use regulations of the district
in which it is located.
A home for the aged or infirmed 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 limited to
hospitals, clinics or similar institutions devoted primarily to the
diagnosis and treatment of the sick or injured.
That part of a lot on which no part of a building or structure
extends above the following elevations:
Two (2) feet above the highest curb elevation of the street
or streets that bound the lot;
One (1) foot above the adjacent curb elevation for each one
and one-fourth (1¼) foot the building or structure is set back
from the street lot line, except that no portion of the structure
shall exceed twelve (12) feet above the adjacent curb elevation. This
provision shall not apply to walls or structures that do not extend
more than four (4) feet above the adjacent curb elevation.
A parcel of land devoted to parking space.
A surfaced area, enclosed or unenclosed, sufficient in size
to store one (1) automobile no less than nine (9) feet wide and twenty
(20) feet long, together with a driveway connecting the parking space
with a street, road or alley and permitting ingress and egress of
that automobile without the necessity of moving any other automobile.
Any person who rents and occupies a guest room in a lodging
establishment for a period of thirty-one (31) days or more.
An improved surface, open on all sides, with no roof or cover,
including stoops, patios, docks and raising landings.
Any letter, word, model sign, device or representation used
in the nature of an advertisement or announcement not attached to
a building and which is supported by a single stationary pole or post.
At lot together with all buildings and structures thereon.
A Missouri resident diagnosed with at least one (1) qualifying
medical condition.
[Ord. No. 19-48, 7-15-2019]
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport, and sell marijuana to a recreational
marijuana dispensary facility, recreational marijuana testing facility,
or to a recreational marijuana-infused products manufacturing facility.
[Ord. No. 23-55, 9-18-2023]
A facility licensed by the State of Missouri to acquire,
store, sell, transport, and deliver marijuana, marijuana-infused products
and drug paraphernalia used to administer marijuana as provided for
in this Section to a person no less than twenty-one (21) years of
age, another recreational marijuana dispensary facility, a recreational
marijuana testing facility, or a recreational marijuana-infused projects
manufacturing facility.
[Ord. No. 23-55, 9-18-2023]
A facility certified by the State of Missouri to acquire,
test, certify, and transport marijuana.
[Ord. No. 23-55, 9-18-2023]
A facility licensed by the State of Missouri to acquire,
store, manufacture, transport, and sell marijuana-infused products
to a recreational marijuana dispensary facility, a recreational marijuana
testing facility, or to another recreational marijuana-infused projects
manufacturing facility.
[Ord. No. 23-55, 9-18-2023]
A facility which provides care, treatment or custody for
ten (10) or more mentally retarded residents and affords an opportunity
for utilization of community, educational, training, recreational,
socialization and health facilities and may in addition to those services
provide educational, nursing or other specialized services within
the facility.
A facility which primarily provides special education or
training to mentally retarded students on a residential or non-residential
basis. The educational or training program of such a facility should
be based on realistic and professionally sound curriculum geared to
meet the physical, emotional, social, academic and vocational needs
of its students, with a view to maximizing their potential so as to
lead to as much self-sufficiency in life as possible. Such a facility
follows an academic calendar and is staffed by a special education
faculty and meets the standards established by the State Department
of Elementary and Secondary Education, section of special education,
as an educational agency to provide special education services by
contractual agreement.
Any building, room or place where meals are prepared or served
or sold to transients or the general public, and all places used in
connection with it and includes any public or private school lunchroom
for which food service is provided by contract. "Meals" does not include
soft drinks, ice cream, milk, milk drinks, ices and confections. "Restaurant"
does not include:
Taverns that serve free lunches consisting of popcorn, cheese,
crackers, pretzels, cold sausage, cured fish or bread and butter.
Churches, religious, fraternal, youth or patriotic organizations,
service clubs and civic organizations which occasionally prepare,
serve or sell meals to transients or the general public.
Any public or private school lunchroom for which food service
is directly provided by the school or a private individual selling
foods from a movable or temporary stand at public farm sales.
Any bed and breakfast establishment that serves meals only to
its lodgers.
The serving of food or beverage through a licensed vending machine.
Any center defined as institutional, vocational, technical and
adult education district school that serves meals only to the students
enrolled in the center, institution or school or to authorized elderly
persons.
Any painted sign or poster on any surface or plane that may
be affixed to the front, side or rear wall of any building.
An institution where people go to rest and regain health
as well as provide for the indefinite care of invalids or convalescents.
Any building which is regularly used as a public, private
or parochial elementary and/or secondary school or high school.
[Ord. No. 19-48, 7-15-2019]
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.
The total area of the space to be used for advertising purposes,
including the spaces between open type letters and figures, including
the background structure or other decoration or addition which is
an integral part of the sign. Sign supports shall be excluded in determining
the area of a sign. A double-faced sign shall have twice the total
area of a single-faced sign.
A public way which affords the principal means of access
to abutting property.
A line halfway between the street lines.
A dividing line between a lot and a contiguous street.
Any change, except those required by law or ordinance, which
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 ordinances.
Any thing constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground. Among other things, structures include buildings, walls, fences
and signs.
Any place or facility where the art of tattooing is performed.
A restaurant that operates at a fixed location in conjunction
with a single event such as a fair, carnival, circus, public exhibition,
anniversary sale or occasional sales promotion.
A merchant selling merchandise (excluding the provision of services) and not located inside a permanent building or structure on private property. "Temporary vendor" shall not include peddlers, as that term is defined under Chapter 610 of this Code.
A person who travels from place to place away from his/her
permanent residence for vacation, pleasure, recreation, culture, business
or employment.
Any lodging place or tourist cabin or cottages where sleeping
accommodations are offered for pay to tourists or transients. "Tourist
rooming house" does not include:
A building that has single-family dwelling units erected
in a row as a single building on adjoining lots, each being separated
from the adjoining unit or units by a masonry party wall or walls
extending from the basement floor to the roof along the dividing line
and each such building being separated from any other building by
space on all sides.
Any person who rents and occupies a guest room in a lodging
establishment for a period of less than thirty-one (31) days.
An open space, other than a court on a lot, unoccupied and
unobstructed from the ground upward.
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. On corner
lots the front yard shall face the shortest street dimension of the
lot, except that if the lot is square or almost square, i.e., has
dimensions in a ratio of from 3:2 to 3:3, then the front yard may
face either street.
A yard extending the full width of the lot between a principal
building and the rear lot line, except as otherwise provided in this
Chapter.
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.
The shortest horizontal distance from a lot line to the main
building.
