[R.O. 2009 § 17.12.010; Ord. No. 6220, 4-26-2021]
These districts are intended to promote and preserve urban one-family residential development. The principal use of land is for single-family dwellings and related recreational, educational and religious facilities normally required to provide orderly and attractive residential areas. The permitted uses, conditional uses and design standards are the same for each district except as otherwise provided for in this Chapter.
[R.O. 2009 § 17.12.020; Ord. No. 5961 §§I, III, 8-25-2014; Ord. No. 6077, 1-8-2018; Ord. No. 6220, 4-26-2021]
A. 
In Districts "R-1" and "R-2," no building or land shall be used and no building shall hereafter be erected, constructed, reconstructed or altered, except for one (1) or more of the following uses:
1. 
In District "R-1" Single-Family Dwellings, but not Class A manufactured homes.
2. 
In District "R-2" Single-Family Dwellings, including Class A manufactured homes, subject to the provisions and restrictions of Section 405.460, Conditional Uses, of this Chapter.
3. 
Accessory buildings, clearly subordinate and incidental to the main building, such as private garages or storage buildings, any portion of which is not located in a required front yard or within five (5) feet from any other lot line and ten (10) feet from any other structure.
4. 
Churches and synagogues.
5. 
Group homes.
6. 
Public buildings and places owned and operated exclusively by the City, State or Federal Government:
a. 
Police and fire stations;
b. 
Administrative buildings;
c. 
Libraries and museums;
d. 
Parks and playgrounds, to include accessory buildings, structures and fixtures;
e. 
Public And Private Schools. Private schools shall be properly licensed by the State of Missouri and shall have a curriculum equivalent to a public school. Additionally, applications for both public and private schools shall be processed through the Planning and Zoning Commission to ensure that the spirit and intent of Chapter 415, Subdivisions, are complied with.
7. 
Customary home occupations, subject to the following restrictions:
a. 
No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.
b. 
No business hours shall be permitted after 8:00 P.M.
c. 
Be licensed in accordance with the provisions of Chapter 605 of the Sikeston Municipal Code.
8. 
Agricultural uses, to include farming, truck gardening and nurseries, not including the erection or construction of a building or structure to be used for the on-premise storage, processing or sale of agricultural or agricultural-related products. The intent of this provision being to provide for the production, but not the storage and/or merchandising of such products.
[Ord. No. 6077, 1-8-2018; Ord. No. 6220, 4-26-2021]
A. 
Purpose. It is necessary and desirable to provide suitable sites for group homes in residential areas provided that, in furtherance of the goals of de-institutionalization and dispersal, group homes are not unduly concentrated in neighborhoods so as to ensure that mentally or physically disabled persons are afforded the opportunity to be integrated in the community.
1. 
The exterior appearance of the home and property, occupancy limitation, signage and other standards applicable to single-family residences shall apply equally to group homes.
2. 
In order to achieve the de-institutionalization and dispersal goals referenced herein, owners and operators of group homes most register the facility with the Code Enforcement Department on forms provided for that purpose and certify compliance with all applicable ordinances of the City. Owners and operators of group homes must also notify the Code Enforcement Department of any change of use, transfer or termination of a group home use and revise the facility registration as appropriate.
3. 
Notwithstanding any other provision of this Section to the contrary, any individual, group or entity may make a request for reasonable accommodation from the provisions of this Section pursuant to the procedures set forth in Section 405.455 of this Code.
[Ord. No. 6077, 1-8-2018; Ord. No. 6220, 4-26-2021]
A. 
Purpose.
1. 
This Section implements the policy of the City of Sikeston on requests for reasonable accommodation in its rules, policies and procedures for persons with disabilities as required by the Fair Housing Act, as amended, 42 U.S.C. § 3604(f)(3)(B) and Title II of the Americans with Disabilities Act., 42 U.S.C. § 12132. The policy of the City of Sikeston is to comply fully with the provisions of the Fair Housing Act and Title II of the Americans with Disabilities Act.
2. 
Any person with disabilities and eligible under the Fair Housing Act or Title II of the Americans with Disabilities Act may request a reasonable accommodation with respect to the various land use or zoning laws, rules, policies, practices and/or procedures of the City as provided by the Fair Housing Act and Title II of the Americans with Disabilities Act pursuant to the procedures set out in this Section.
3. 
Nothing in this Section requires persons with disabilities or operators of group homes for persons with disabilities acting or operating in accordance with applicable zoning, licensing or land use laws or practices to seek reasonable accommodation under this Section.
B. 
Definitions. For the purposes of this Section, certain terms and words are hereby defined as follows:
ACTS
Collectively, the FHA and the ADA.
ADA
Title II of the Americans with Disabilities Act, 42 U.S.C. § 12131, et seq., and its implementing regulations. 28 C.F.R. Part 35.
APPLICANT
An individual, group or entity making a request for reasonable accommodation pursuant to this Section.
CODE
The Sikeston City Code.
DEPARTMENT
The Code Enforcement Department of the City of Sikeston.
DISABLED PERSON
Any person who is "handicapped" within the meaning of 42 U.S.C. § 3602(h) or a "qualified individual with a disability" within the meaning of 42 U.S.C. § 12131(2).
DWELLING
A "dwelling" as defined in 42 U.S.C. § 3602(b).
FHA
The Fair Housing Act, Title III of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3601 et seq., as may be amended.
C. 
Notice To The Public Of Availability Of Accommodation Process. The Department shall prominently display its notice in the Department advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this Section.
D. 
Requesting Reasonable Accommodation. In order to make specific housing available to one (1) or more individuals with disabilities, a disabled person or a person acting on his or her behalf at his or their request (collectively, the "Applicant") may request a reasonable accommodation relating to the various land use or zoning rules, policies, practices and/or procedure of the City applicable to such housing.
1. 
A request by an applicant for reasonable accommodation relating to land use or zoning rules, policies, practices and/or procedures shall be made orally or in writing on a reasonable accommodation request form provided by the Department. The form shall contain:
a. 
The current zoning for the property;
b. 
The name, phone number and address of the owner of the fee interest of the property (if other than the Applicant);
c. 
The nature of the disability that requires the reasonable accommodation. In the event that the specific individuals who are expected to reside at the property are not known to the Applicant in advance of making the application, the Applicant shall not be precluded from filing the application, but shall submit details describing the range of disabilities that prospective residents are expected to have to qualify for the housing. The Applicant shall notify the Department in the event the residents at the location are not within the range described. The Department shall then determine if an amended application and subsequent determination of reasonable accommodation is appropriate;
d. 
The specific type of accommodation requested by the Applicant. To the extent practicable, this portion should include information concerning the impact of the reasonable accommodation on the adjoining properties and area, the number of people who are expected to be availing themselves of the reasonable accommodation, the estimated number of people in an average week who will be necessary to provide services to the persons(s) with disabilities at the property on an on-going basis, whether or not this type of reasonable accommodation is required to obtain a license from any State or County authority to operate, and any other information the Applicant thinks would assist in determining the reasonableness of the accommodation;
e. 
The Applicant should also note, if known, whether this accommodation requires any additional licensure from the City (e.g., business license); and
f. 
Whether the accommodation requested may be necessary to afford one (1) or more disabled persons equal opportunity, to use and enjoy a specific dwelling.
The Department will assist the Applicant with furnishing the Department all information necessary for processing the reasonable accommodation request, including that information which the Department deems necessary to complete a reasonable accommodation request form. Upon the City's receipt of the necessary information to process the Applicant's request for reasonable accommodation, the Department shall use the information to complete a reasonable accommodation request form
2. 
The Department will provide the assistance necessary to an Applicant in making request for reasonable accommodation. The Department will provide any reasonable assistance necessary to any Applicant wishing to appeal a denial of a request for reasonable accommodation to ensure the process is accessible to the Applicant. The Applicant is entitled to be represented at all stages of the proceedings identified in this Section by a person designated by the Applicant.
3. 
Should the information provided by the Applicant to the Department include medical information or records of the Applicant, including records indicating the medical condition, diagnosis or medical history of the Applicant, the Applicant may, at the time of submitting such medical information, request that the Department to the extent allowed by law, treat such medical information as confidential information of the Applicant.
4. 
The Department shall provide written notice to the Applicant, and any person designated by the Applicant to represent the Applicant in the application proceeding, of any request received by the Department for disclosure of the medical information or documentation which the Applicant has previously requested be treated as confidential by the Department. The Department will cooperate with the Applicant, to the extent allowed by law, in actions initiated by the Applicant to oppose the disclosure of such medical information or documentation.
E. 
Jurisdiction.
1. 
Supervisor/Designee. The Supervisor of the Department, or his/her designee (Supervisor/Designee), shall have the authority to consider and act on requests for reasonable accommodation. When a request for reasonable accommodation is filed with the Department, it will be referred to the Supervisor/Designee for review and consideration. The Supervisor/Designee shall issue a written determination within thirty (30) days of the date of receipt of a completed application and may: (1) grant the accommodation request, or (2) deny the request, in accordance with Federal law. Any such denial shall be in writing and shall state the grounds therefor. All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation in the appeals process. The notice of determination shall be sent to the Applicant by certified mail, return receipt requested and by regular mail.
2. 
If reasonably necessary to reach a determination on the request for reasonable accommodation, the Supervisor/Designee may, prior to the end of the thirty-day period, request additional information for the Applicant, specifying in detail what information is required. The Applicant shall have fifteen (15) days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the thirty-day period to issue a written determination shall be stayed. The Supervisor/Designee shall issue a written determination within thirty (30) days after receipt of the additional information. If the Applicant fails to provide the requested additional information within said fifteen-day period, the Supervisor/Designee shall issue a written determination within thirty (30) days after expiration of said fifteen-day period.
F. 
Findings For Reasonable Accommodation. The following findings, while not exhaustive of all considerations and findings that may be relevant, must be made before any action is taken to approve or deny a request for reasonable accommodation and must be incorporated into the record relating to such approval or denial:
1. 
Whether the accommodation requested may be necessary to afford one (1) or more persons with disabilities equal opportunity to use and enjoy a specific dwelling;
2. 
Whether the requested accommodation would require a fundamental alteration to the City's zoning scheme; and
3. 
Whether the requested accommodation would impose undue financial or administrative burdens on the City.
A request for a reasonable accommodation shall not be denied for reasons which violate the provisions of the Acts. This Section does not obligate the City to grant any accommodation request unless required by the provisions of the Acts or applicable Missouri State law.
G. 
Appeals.
1. 
Within thirty (30) days after the date the Supervisor/Designee mails a written adverse determination under Subsection (E) of this Section, to the Applicant, the Applicant requesting reasonable accommodation may appeal the adverse determination.
2. 
All appeals shall contain a statement of the grounds for the appeal.
3. 
If an individual Applicant needs assistance in appealing a determination the Department will provide reasonable assistance necessary to ensure that the appeal process is accessible to the Applicant. All Applicants are entitled to be represented at all stages of the appeal proceeding by a person designated by the Applicant.
4. 
Appeals shall be to the Board of Adjustment who shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than forty-five (45) days after an appeal has been filed. All determinations on appeal shall address and be based upon the findings identified in Subsection (F) of this Section and shall be consistent with the Acts.
5. 
An Applicant may request reasonable accommodation in the procedure by which an appeal will be conducted.
H. 
Fee. The City shall not impose any additional fees or costs in connection with a request for reasonable accommodation under the provisions of this Section or an appeal of a denial of such request by the Supervisor/Designee. Nothing in this Section obligates the City to pay an applicant's attorney fees.
I. 
Stay Of Enforcement. While an application for reasonable accommodation or appeal of a denial of said application is pending before the City, the City will not enforce the subject zoning ordinance against the Applicant.
J. 
Record-Keeping. The City shall maintain records of all oral and written requests submitted under the provisions of this Section, and the City's responses thereto, as required by State law.
[R.O. 2009 § 17.12.030; Ord. No. 5961 §§I, IV 8-25-2014; Ord. No. 6220, 4-26-2021]
A. 
The following uses may be permitted in District "R-1" (but not Class A manufactured homes), and District "R-2" after proper permit application for placement or relocation of the manufactured home on an appropriately zoned lot, review and approval pursuant to the provisions of this Section and Article V, Board of Adjustment, of this Chapter.
1. 
Family day care homes, provided they are licensed by and operated according to the rules and regulations established by the Missouri Department of Health & Senior Services. Additionally, the restrictions applied to customary home occupations within this Article shall be complied with except for some concessions in the areas of increased traffic and outside activity normally associated with day care facilities. Proximity of other family day care homes will also be considered in the review process. A five-hundred-foot separation distance may be used as a guideline.
2. 
Buildings and premises for public utility services or public service corporations, whose buildings or uses the Board deems reasonably necessary for public convenience or welfare.
3. 
Private lakes.
4. 
Private stables, subject to all other applicable ordinances.
[R.O. 2009 § 17.12.040; Ord. No. 6220, 4-26-2021]
A. 
In District "R-1" and District "R-2," any building, dwelling or portion thereof hereafter erected, constructed, reconstructed or altered shall be subject to the following regulations (for exceptions see Article VIII "Height And Area Exceptions" of this Chapter): Also See Reference Table 450.1, set out as Exhibit A to this Ch. 405.
1. 
The minimum lot area in District "R-1" shall not be less than ten thousand (10,000) square feet; the minimum lot area for District "R-2" shall not be less than seventy-two hundred (7,200) square feet; provided, however, that where a lot in either district has less area than required by this Section and the plat thereof has been duly recorded as provided by law in the office of the Recorder of Deeds of Scott or New Madrid County at the time of passage of this regulation, this regulation shall not prohibit the erection of a one-family dwelling.
2. 
The minimum lot width in District "R-1" shall not be less than ninety (90) feet at the building line; the minimum lot width in District "R-2" shall not be less than sixty (60) feet at the building line; except that where a lot in either district has less width than herein required and in separate ownership at the time of passage of this Chapter, this regulation will not prohibit the erection of a one-family residence.
3. 
Yards. The following yard area regulations shall apply in this district. Exceptions or special conditions are provided for in Article VIII "Height And Area Exceptions" of this Chapter.
a. 
Front Yard. Not less than twenty-five (25) feet to the front line of the building and not less than fifteen (15) feet to the front line of an open porch, balcony or paved terrace. Lots having double frontage shall provide the required front yard on both streets.
b. 
Rear Yard. There shall be a rear yard of not less than twenty-five (25) feet.
c. 
Side Yard. There shall be a side yard on each side of every dwelling having a minimum width of not less than twelve and one-half percent (12 1/2%) of the width of the lot, except that this minimum width need not exceed ten (10) feet. In no case will the required side yard be less than five (5) feet unless approval is granted by the Board of Adjustment.
[Ord. No. 5961 §§I, V, 8-25-2014; Ord. No. 6220, 4-26-2021]
A. 
All manufactured homes located within the City of Sikeston shall be set upon a permanent foundation properly designed and enclosed in accordance with the International Building Code.
1. 
Manufactured homes shall be attached to a permanent footing, which manner of placement shall be as stated on the building permit, and meet all manufacturer's specifications for support.
a. 
Pier pads are not permitted.
b. 
All footings shall have reinforced steel, as dictated by appropriate building codes.
c. 
A minimum of eighteen (18) inches of crawl space must be maintained under the entire manufactured unit.
B. 
Manufactured home anchors shall be embedded in the footing or foundation to HUD, Missouri Public Service Commission and manufacturer's specifications.
C. 
Within ninety (90) days of the manufactured home's setup, underpinning shall be installed in such a way that all areas directly under the home are enclosed.
1. 
Underpinning shall be similar in appearance to materials used for the siding of the manufactured home to which it is attached.
2. 
Said underpinning/foundation shall have permanently installed venting in accordance with the manufacturer's specifications. Deletions or omissions of vents are not allowed, and homes will not be approved for occupancy without appropriate venting.