[R.O. 2003 §400.010; Ord. No. 392 Art. I §1, 11-5-1981]
This Chapter in pursuance of the authority granted by the General
Assembly of the State of Missouri in Chapter 89, RSMo., shall be a
part of the comprehensive plan for the City of Buckner and shall be
known as the "Zoning Code" and may be cited as such.
[R.O. 2003 §400.020; Ord. No. 392 Art. I §2, 11-5-1981; Ord. No. 562, 7-10-1997]
A.Â
The objective of the Zoning Code is to establish standards and policies
concerning development of land which may be used in helping to achieve
the goals of the Buckner Comprehensive Plan. Goals for development
are generally expressed through programs and policies on such matters
as: land use, taxation, capital improvements, urban redevelopment,
public services and other issues which require public decisions.
B.Â
It is intended that the standards and policies established in the
Zoning Code reflect a sense of value toward the physical environment,
including the value of appearance and congenial arrangement for the
conduct of trade, industry, agriculture, residence and other uses
of land necessary to the City's well-being, insofar as such values
are or can be related to the broadest goals of the Comprehensive Plan.
C.Â
It is further intended that the zoning districts established by this
chapter shall be implemented in accordance with a comprehensive land
use plan and policy whereby the location of each district shall be
made with reasonable consideration to the character of the district,
its peculiar suitability to its location and its relationship to surrounding
uses.
D.Â
Notwithstanding any other provision of Chapter 400 known as the "Zoning Code" which might be interpreted to permit same, it is hereby declared that no prison, jail, detention facility or holding facility for prisoners shall be constructed within the City limits of the City of Buckner unless the issue is put before a vote of the citizens of the City of Buckner and receives a favorable vote of those citizens who cast their vote thereon. The only exception to such prohibition is any facility which is needed to allow the City of Buckner Police Department to detain or hold arrested individuals for a period of time, no longer than twenty-four (24) hours.
[R.O. 2003 §400.030; Ord. No. 392 Art. I §3, 11-5-1981]
The purpose of this Chapter is to promote the health, safety,
peace and general welfare to the community-at-large by establishing
regulations and conditions governing the erection and use of buildings
and other structures and the use of land for trade, industry, agriculture,
residence and other specified purposes; to avoid undue concentrations
of population; to prevent overcrowding of land; to provide adequate
light and air; to secure safety from fire panic and other dangers;
to prevent the pollution of air, streams and ponds; to encourage the
wise use and sound management of the natural resources throughout
the City in order to preserve the integrity, beauty and stability
of the City and the value of land; and to facilitate the adequate
provision of public improvements by: dividing the City into districts;
defining certain terms; designating the kinds and classes of trade,
industry, agriculture, residences and other purposes for which buildings
and other structures may be permitted to be erected, constructed,
reconstructed, altered, repaired or used in such districts; regulating
and limiting the height and bulk of buildings and other structures;
regulating and limiting lot occupancy and population density; providing
minimum size yards and other open spaces; providing performance standards
applicable to all uses; establishing off-street parking and loading
requirements; providing for a Board of Zoning Adjustment and defining
the powers and duties of said Board of the procedures for appeals;
and providing a penalty for the violation of this Chapter.
[R.O. 2003 §400.040; Ord. No. 392 Art. I §4, 11-5-1981]
Except as hereinafter otherwise provided, no land shall be used
and no building, structure, or improvement shall be made, erected,
constructed, moved, altered, enlarged, or rebuilt which is designed,
arranged or intended to be used or maintained for any purpose or in
any manner except in accordance with the requirements established
in the district in which such land, building, structure, or improvement
is located, and in accordance with the provisions of the Articles
contained herein relating to any or all districts.
[R.O. 2003 §400.050; Ord. No. 392 Art. I §5, 11-5-1981; Ord. No. 728 §1, 3-3-2005]
A.Â
The City of Buckner is hereby divided into zones as shown on the
Zoning Map (dated November 5, 1981) filed with the City Clerk. The
map and all explanatory material thereon is hereby made a part of
this Chapter. It shall be the duty of the Planning Commission to keep
on file in the office of the City Clerk an authentic copy of said
map showing all changes, amendments or additions thereto and a chronology
of same as they are made.
B.Â
Zones shall be designated as follows:
1.Â
Residential.
|
R-1
|
Single-Family Dwelling District
| |
|---|---|---|
|
R-2
|
Two-Family Dwelling District
| |
|
R-3
|
Multiple-Family Dwelling District
|
2.Â
Commercial. The MX Mixed-Use Zoning District
would apply to the following zones:
|
C-1
|
Local Commercial District
| |
|---|---|---|
|
C-2
|
General Commercial District
| |
|
C-3
|
Highway Commercial District
|
3.Â
Industrial.
|
I-1
|
Light Industrial District
| |
|---|---|---|
|
I-2
|
General Industrial District
|
4.Â
Agricultural.
|
A
|
Agricultural District
|
5.Â
Special Services. The MX Mixed-Use Zoning District
would apply to the following zone:
|
SS
|
Special Services District
|
7.Â
Mixed-Use Zoning.
|
MX
|
Mixed-Use District
|
[R.O. 2003 §400.060; Ord. No. 392 Art. I §5.1, 11-5-1981]
A.Â
When definite distances are not shown on the Zoning District Maps,
the district boundaries are intended to be along existing streets,
alleys, or platted lot lines or extensions of same; and if the exact
location of such lines is not clear, it shall be determined by the
Planning Commission, due consideration being given to location as
indicated by scale on the Zoning District Map or Maps.
B.Â
When on account of any vacation proceedings or for any other cause,
the streets or alleys on the ground differ from the streets or alleys,
as shown on the Zoning District Maps, the Planning Commission may
apply the district designation on the Map or Maps to the streets or
alleys on the ground in such manner to conform to the intent and purpose
of this Chapter.
C.Â
Whenever any street or alley is vacated, the particular district
in which the adjacent property lies shall automatically be extended
to the center line of any such vacated street or alley.
[R.O. 2003 §400.070; Ord. No. 392 Art. 1 §6, 11-5-1981; Ord. No. 1126 §1, 11-3-2011]
All words used in the present tense include the future tense.
All words in the plural number include the singular number and all
words in the singular number include the plural number unless the
natural construction of the wording indicates otherwise. The word
"building" includes the word "structure." The word "structure" includes
the words "sign structures." The word "lot" includes the words "plot"
and "tract." The words "shall" and "must" are mandatory and not directory.
The word "used" shall be deemed to include "designed, intended, or
arranged to be used." Unless otherwise specified, all distances shall
be measured horizontally.
A subordinated building having a use customarily incidental
to and located on the lot occupied by the principal building; or a
use customarily incidental to the principal use of the property. A
building housing an accessory use is considered an integral part of
the principal building when it has any part of a wall in common with
the main building or is under an extension of the principal roof and
designed as an integral part of the principal building. An accessory
use shall not materially change the character of activity of the principal
use it services.
Any area where the natural condition of the land has been
disturbed as a result of any mining or quarrying operation or by development.
Any use involved with or directly related to the cultivation
of the soil, production of plants or crops or the raising of livestock.
Poultry production, fish hatcheries, fur farming, floriculture and
silviculture are agricultural use.
A public passage or way affording a secondary means of vehicular
access to abutting property and not intended for general traffic circulation.
A room or suite of rooms used as a dwelling for one (1) family,
with kitchen facilities therein, within a multifamily building.
An apartment house which furnishes for the use of its tenants
services ordinarily furnished by hotels. Apartment hotels may furnish
transient rooms as an accessory accommodation.
A single detached dwelling designed for and occupied by three
(3) or more families living independently of each other as separate
housekeeping units, including apartment houses, apartment hotels and
flats, but not including auto or trailer courts or camps, hotels,
or resort-type hotels.
The collecting, dismantling or wrecking of used motor vehicles
or trailers, or the storage, sale or dumping of dismantled, partially
dismantled, obsolete or wrecked motor vehicles or their parts. A deposit
or the storage of two (2) or more wrecked or otherwise unserviceable
motor vehicles or the parts of two (2) or more such vehicles, on any
lot in any zoning district, shall be deemed an auto salvage yard.
Any motor vehicle not bearing a current State motor vehicle inspection
sticker is deemed unserviceable.
A story partly or wholly underground. For purposes of height
measurement, a basement shall be counted as a story when more than
one-half (1/2) of its height is above the average level of the adjoining
ground or when subdivided and used for commercial or dwelling purposes
by other than a janitor employed on the premises. Earth-sheltered
dwellings are excepted.
A basement used or intended to be used as a dwelling. An
earth-sheltered dwelling is not a basement house.
A piece or parcel of land entirely surrounded by public highway
or streets. In cases where the platting is incomplete or disconnected,
the Planning Commission shall determine the outline of a block.
A dwelling other than a hotel where, for compensation and
by prearrangement for definite periods, meals or lodging and meals
are provided for three (3) or more persons, but not for transients.
The buildable area of a lot is the percentage of the lot
permitted by this Chapter to be covered by a building or it is the
space remaining on a lot after the minimum yard or other open space
or parking space requirements of this Chapter have been observed.
Any structure intended for shelter, housing or enclosure
of persons, animals or chattel. When separated by dividing walls without
openings, each portion of such structure so separated shall be deemed
a separate structure.
The vertical distance from the average line of the highest
and lowest points of that portion of the lot covered by the building
to the highest point of coping of a flat roof, or the deckline of
a mansard roof, or to the average height of the highest gable of a
pitch or hip roof.
A building in which is conducted the principal use of the
lot on which it is situated. In any residential district, any dwelling
shall be deemed to be a main building on the lot on which it is situated.
A single parcel of land under one (1) ownership, occupied
or intended to be occupied by a building or structure.
A building, or portion thereof, containing facilities for
washing automobiles using production line methods or providing coin-operated
self-service facilities.
Any place, home or institution which receives three (3) or
more children under the age of sixteen (16) years, and not of common
parentage, for care apart from their natural parents, legal guardians
or custodians, when received for regular periods of time for compensation;
provided, however, this definition shall not include public and private
schools organized, operated or approved under the laws of the State,
custody of children fixed by a court of competent jurisdiction, children
related by blood or marriage within the third degree to the custodial
person, or to the churches or other religious or public institutions
caring for children within the institutional building while their
parents or legal guardians are attending services or meetings or classes
or are engaged in church activities.
A building(s) primarily used for public religious worship
and associated religious functions (education, fellowship, etc.),
including synagogues and temples.
[Ord. No. 1025, 6-20-2019]
The percentage of the lot area covered by the building. The
building area shall include all overhanging roofs.
As used in this Chapter, all densities are stated as dwelling
units, or persons per net acre, exclusive of land in streets, alleys,
or other public places.
Any section or sections of Buckner for which regulations
governing the use of buildings and premises or the height and the
area of buildings are uniform.
A business establishment so developed that its principal
retail or service character is dependent upon providing a driveway
approach or parking spaces for motor vehicles so as to serve patrons
while in the motor vehicle; or intended to permit, in the motor vehicle,
consumption of food or beverage obtained by a patron from said business
establishment.
Any building, or portion thereof, which is designated or
used as living quarters for one (1) or more families, but not including
house trailers.
A dwelling constructed so as to blend the dwelling with its
surroundings or to improve its energy performance, or both. One (1)
facade of such a dwelling shall be exposed to light and air. A basement
house is not an earth-sheltered dwelling.
A dwelling designed to be occupied by one (1) family and
containing a minimum of six hundred (600) square feet of living area.
The classification single-family dwelling shall include any home in
which eight (8) or fewer unrelated mentally or physically handicapped
persons reside, and may include two (2) additional persons acting
as house parents or guardians who need not be related to each other
or to any of the mentally or physically handicapped persons residing
in the home and shall include 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 dwelling containing two (2) dwelling units designed to
be occupied by two (2) families living independently of each other.
Each dwelling unit shall contain a minimum of six hundred (600) square
feet of living area.
A dwelling designed for occupancy by three (3) or more families
living independently of each other, exclusive of auto or trailer courts
or camps, hotels or resort-type hotels.
One (1) room or a suite of two (2) or more rooms designed
for or occupied by one (1) family for living and sleeping purposes
and having only one (1) kitchen or kitchenette. A dwelling unit shall
contain a minimum of six hundred (600) square feet of ground story
living area, excluding porch, patio, and garage. A one-family dwelling
contains one (1) dwelling.
One (1) or more persons related by blood or marriage, including
adopted children, or a group of not to exceed five (5) persons (excluding
servants) not all related by blood or marriages, occupying premises
and living as a single nonprofit housekeeping unit as distinguished
from a group occupying a boarding or lodging house, hotel, club, or
similar dwelling for group use. A family shall be deemed to include
domestic servants employed by said family and foster children.
A dwelling unit for one (1) family erected above a private
garage.
An accessory building or a part of a main building used for
storage purposes only for not more than three (3) automobiles, or
for a number of automobiles which does not exceed one and one-half
(1Â 1/2) times the number of families occupying the dwelling unit
to which such garage is accessory, whichever number is the greater.
Such space shall not be used for storage of more than one (1) commercial
vehicle which does not exceed one and one-half (1Â 1/2) tons rated
capacity, per family living on the premises, and not to exceed two
(2) spaces shall be rented to persons not residing on the premises
for storage of noncommercial passenger vehicles only.
Any garage other than a private garage, available to the
public, used for the care, servicing, repair, or equipping of automobiles
or where such vehicles are parked or stored for remuneration, hire
or sale.
Any area of land, including structures thereon, that is used
for the sale of gasoline or oil fuels, but not butane or propane fuels,
or other automobile accessories, and which may or may not include
facilities for lubricating, washing, cleaning, or otherwise servicing
automobiles, but not including the painting thereof. Inoperative vehicles
may be stored upon the premises not more than forty-eight (48) hours
unless stored inside a building.
A laundry providing home-type washing, drying and ironing
machines for hire to be used by the customers on the premises.
Any occupation or profession carried on by the inhabitants
with no employees outside the immediate family, which is clearly incidental
and secondary to the use of the dwelling for dwelling purposes, which
does not change the character thereof, and which is conducted entirely
within the main or accessory buildings; provided that no trading in
merchandise is carried on and in connection with which there is no
display of merchandise or sign other than one (1) non-illuminated
nameplate not more than two (2) square feet in area attached to the
main or accessory building, and no mechanical equipment is used or
activity is conducted which creates any noise, dust, odor or electrical
disturbance beyond the confines of the lot on which said occupation
is conducted. The conducting of a tea room or restaurant, rest home,
clinic, doctor or dentist office, child-care center, tourist home,
or cabinet, metal or auto repair shop shall not be deemed a home occupation.
A building which is designed and intended to be occupied
or used as a more or less temporary place of residence available to
transients who are lodged with or without meals and no provision is
made for cooking in any individual guest room.
A place where waste, discarded or salvaged metals, lumber,
or building materials, used plumbing fixtures, and other materials
are bought, sold, exchanged, stored, baled, or cleaned, and places
or yards for the storage of salvaged materials and equipment from
house wrecking and salvaged structural steel materials and equipment.
An establishment where four (4) or more dogs more than six
(6) months of age are housed, bred, or kept for sale.
Any plot of land occupied or intended to be occupied by one
(1) building, or a group of buildings, and its accessory buildings
and uses, including such open spaces as required by this Chapter and
other laws or ordinances, and having its principal frontage on a street.
The total horizontal area included within lot lines.
A lot of which at least two (2) adjacent sides abut for their
full lengths on a street, provided that the interior angle at the
intersection of such two (2) sides is less than one hundred thirty-five
degrees (135°).
The average distance from the street line of the lot to its
rear line, measured in the general direction of the side lines of
the lot.
A lot having a frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
That dimension of a lot or portion of a lot abutting on a
street, excluding the side dimension of a corner lot.
A lot other than a corner lot.
The lines bounding a lot as defined herein.
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 plan 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 (0.3%) on a dry weight basis, or
commodities or products manufactured from industrial hemp.
[Ord. No. 1025, 6-20-2019]
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. 1025, 6-20-2019]
CONVALESCENT, REST OR NURSING HOMEA health facility where persons are housed and furnished with meals and continuing nursing care for compensation. Such a home does not contain facilities for surgical or acute medical care.
DENTAL CLINIC or MEDICAL CLINICA facility for the examination and treatment of ill and afflicted human outpatients; provided, however, that patients are not kept overnight except under emergency conditions.
DENTAL OFFICE or DOCTORS OFFICESame as dental or medical clinic.
HOSPITALAn institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central service facilities, and staff offices which are an integral part of the facilities.
PUBLIC HEALTH CENTERA facility primarily utilized by a health unit for the provisions of public health services, including related facilities such as laboratories, clinics, and administrative offices operated in connection therewith.
SANITARIUMAn institution providing health facilities for inpatient medical treatment or treatment and recuperation using natural therapeutic agents.
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport, and sell marijuana to a medical
marijuana dispensary facility, medical marijuana testing facility,
or a medical marijuana-infused products manufacturing facility.
[Ord. No. 1025, 6-20-2019]
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 to a qualifying
patient, a primary caregiver, another licensed dispensary facility,
a licensed testing facility, or a licensed manufacturing facility.
[Ord. No. 1025, 6-20-2019]
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 products manufacturing
facility.
[Ord. No. 1025, 6-20-2019]
A facility certified by the State of Missouri to acquire,
test, certify, and transport marijuana.
[Ord. No. 1025, 6-20-2019]
A "medical marijuana cultivation facility," a medical marijuana
dispensary facility," a "medical marijuana-infused products manufacturing
facility," and a "medical marijuana testing facility" as defined in
Section 400. 070.
[Ord. No. 1025, 6-20-2019]
A movable, detached single-family dwelling unit; constructed
or fabricated within a factory; complete system capable of being connected
to an outside system; transportable over the road on its own chassis
and wheels to the site where it is to be connected semi-permanently
to a separate utility system; whether or not permanently attached
to any foundation.
Any development, site, parcel or tract of land designed,
maintained or intended to be used for the purpose of providing long
term accommodation of more than thirty (30) days for placement of
two (2) or more mobile homes and shall include all buildings used
or maintained for the use of the residents of the development.
A residence purchased in two (2) or more sections which is
transported to the building site and placed upon a permanent foundation.
An area containing one (1) or more structures designed or
intended to be used as temporary sleeping facilities of one (1) or
more transient families and intended primarily for automobile transients
and at least one (1) parking space for each guest room.
A structure or land lawfully occupied on the date this Chapter
was adopted by a use that does not conform to the regulations of the
district in which it is situated, as set forth in this Chapter.
An unreasonable interference by one (1) persons's use of
his property with the use and enjoyment of another's property. Typical
private nuisances are those producing foul odors, loud and recurring
noises and/or vibrations, water pollution, and unsightly physical
conditions or physical conditions amounting to a health hazard.
When the use of one (1) property occurs in such a manner
as to interfere with the rights of a substantial number of people.
Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel rectification, bridge, conduit, culvert,
building, wire, fence, rock, gravel, refuse, fill, structure, or matter;
in, along, across, or projecting into any channel, watercourse, or
floodplain area; which may impede, retard, or change the direction
of the flow of water, either in itself or by catching or collecting
debris carried by such water, or that is placed where the flow of
water might carry the same downstream to the damage of life or property.
All off-street parking and loading spaces requiring "pavement"
shall mean a minimum six-inch gravel base and one-inch asphaltic concrete
surface or its equivalent.
A Missouri resident diagnosed with at least one (1) qualifying
medical condition.
[Ord. No. 1025, 6-20-2019]
Any building which is regularly used as a public, private
or parochial elementary and/or secondary school or high school.
[Ord. No. 1025, 6-20-2019]
The definitions related to signs are contained in Section 420.020 of this Title.
That portion of a building, other than a basement, 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 above it.
The lowest story of a building, the floor of which is not
more than twelve (12) inches below the level of the adjoining ground
at any point. Earth-sheltered dwellings are excepted from this definition.
A space under a sloping roof which has the line of intersection
of roof decking and wall face not more than four (4) feet above the
top floor level, and in which space not more than two-thirds (2/3)
of the floor area is finished off for use. A half (1/2) story containing
independent apartment or living quarters shall be counted as a full
story.
Any public or private thoroughfare which affords the principal
means of access to abutting property.
Any street which joins another street at an angle, whether
or not it crosses the other.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having a location
on the ground.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders, or any
substantial change in the roof or in the exterior walls.
Any school, child care center, or church with a written building
permit from the City to be constructed, or under construction, or
completed and in use at the time the medical marijuana dispensary
first applies for either zoning or a building permit, whichever comes
first.
[Ord. No. 1025, 6-20-2019]
A tract, lot, or parcel of land open to the public for a
fee upon which two (2) or more tourist cabins are located or where
temporary accommodations are provided for two (2) or more automobile
trailers, recreational vehicles, tents, or house cars.
A dwelling in which sleeping accommodations in not more than
four (4) rooms are provided or offered for transient guests for compensation.
A portable vehicular unit designed and intended to be used
for temporary short-term occupancy and for frequent and extensive
travel use. Examples of travel trailers would include campers, motor
homes, converted buses and other similar units, whether they are self-propelled,
pulled, or can be hauled without a special permit.
Any development, site, parcel or tract of land designed,
maintained or intended to be used for the purpose of providing short-term
accommodations up to and including thirty (30) days or less or placement
of two (2) or more travel trailer units and shall include all buildings
used or maintained for the use of the occupants in the trailer camp.
Any object of natural growth.
The "use" of property is the purpose for which the land or
the building thereon is designed, arranged, or intended or for which
it is occupied or maintained.
A modification or variation of the provisions of this Chapter
as applied to a specific piece of property.
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward except where otherwise specifically provided
in this Chapter that an accessory building may be located in a portion
of a yard required for a main building. In measuring a yard for the
purpose of determining the width of the side yard, the depth of a
front yard or the depth of a rear yard, the least horizontal distance
between the lot line and the main building shall be used.
A yard located in front of the front elevation of a building
and extending across a lot between the side yard lines and being the
minimum horizontal distance between the front property line and the
main building or any projection thereof, other than steps.
A yard extending across the rear of a lot measured between
lot lines and being the minimum horizontal distance between the rear
lot line and the rear of the main building or any projections other
than steps, unenclosed balconies or unenclosed porches. On corner
lots, the rear yard shall be considered as parallel to the street
upon which the lot has its least dimension. On both corner lots and
interior lots, the rear yard shall in all cases be at the opposite
end of the lot from the front yard.
A yard between the building and the side line of the lot
and extending from the front lot line to the rear lot line and being
the minimum horizontal distance between a side lot line and the side
of the main building or any projections other than steps.
