[Ord. No. 88-12 §1, 7-19-1988]
This Chapter shall be known as the Zoning Code of Albany, Missouri,
and shall hereafter be referred to as "this Chapter".
[Ord. No. 88-12 §2, 7-19-1988]
A.
Scope. From and after the effective date of this Chapter (July 19, 1988), the use of all land and every building and the erection or structural alteration of any building in the City of Albany shall be in conformity with the provisions of this Chapter. Any structure or use lawfully existing at the passage of this Chapter (July 19, 1988) but not in conformity with the regulations of the appropriate zoning district may be continued subject to the regulations found in Article VII, entitled "Non-Conforming Uses".
B.
Interpretation. The provisions of this Chapter shall be
interpreted as the minimum requirements for the promotion of the public
health, safety, morals, convenience and general welfare, as provided
for under municipal zoning enabling powers found in RSMo. Chapter
89, as amended. Where the provisions of this Chapter impose greater
restrictions than those of any Statute, ordinance, or regulation,
this Chapter shall apply. Where the provisions of any Statute, other
ordinance or regulation impose greater restrictions than this Chapter,
such restrictions shall apply.
C.
Enforcement in Compliance with City Plan. This Chapter is
enacted to encourage the most appropriate use of land throughout the
City of Albany with reasonable consideration of and in accordance
with the City comprehensive plan.
[Ord. No. 88-12 §3, 7-19-1988; Ord. No. 99-19 §1, 7-6-1999; Ord.
No. 03-27 §1, 9-2-2003; Ord. No. 04-32 §1, 11-2-2004; Ord. No. 08-37 §§1
— 2, 4-7-2009]
For the purposes of this Chapter, certain terms and phrases
are hereby defined. Words used in the present tense shall include
the future, the singular shall include the plural and the plural the
singular. The word "building" shall include the word
"structure", the word "lot" shall
include the words "plot" or "parcel", and the word "shall" is mandatory and not discretionary.
Words not defined herein shall be assigned the meaning or definition
found in any standard English dictionary, or as defined specifically
by State law for purposes of enforcing a Statute.
A use or structure subordinate to the principal use of the
land or a building on the same lot and serving a purpose customarily
incidental to the use of the principal structure.
A public way for the use of vehicles or as an easement affording
a secondary access to an abutting property.
A room or suite of rooms in a multi-family or multi-use building
arranged and intended as a place of residence for a single-family
or a group of individuals living together as a single housekeeping
unit.
Three (3) or more dwelling units grouped in one (1) building.
Floor area shall constitute the total floor area occupied
by a use and measured to include all space used primarily or incidentally
for said use.
A portion of a building located partly underground but housing
less than half its clear floor-to-ceiling height below grade, and
not used as a principal living area as defined herein as "Underground
Housing or Earth-Sheltered Housing."
The acquisition, preparation, improvement or excavation of
a building site, assembling of building materials or the commencement
of construction activity to erect a building or structure.
Any structure or portion of a building used for display or
advertising; or any advertising sign other than:
Church or similar bulletin boards.
Signs pertaining only to the lease, hire or sale of a building
or premises, which is located on the subject building or premises.
Signs advertising the sale of products grown only upon the premises.
An announcement or identification sign carrying the name and
address of the owner or tenant residing on the premises.
Murals or paintings on a building or structure non-advertising
and non-hyphen political in nature intended for community beautification,
prepared or placed by non-profit civic groups and approved by the
Zoning Board.
A tract of land bounded by streets or a combination of streets
and public parks, cemeteries, railroad rights of way, shorelines,
unsubdivided acreage or boundary line of the corporate limits of the
City.
Any dwelling other than a hotel or motel where meals or lodging
and meals for compensation are provided for five (5) or more persons
pursuant to previous arrangements.
Any structure designed or intended for the support, enclosure,
shelter, or protection of persons, animals, or property.
The vertical distance from the average, natural, grade at
the building line, to the highest point of the coping of a flat roof,
or to the mean height level between eaves and ridge for gable, hip
and gambrel roofs.
A line measured across the width of a lot at a point where
a structure or building is placed in accordance with the minimum setback
requirements of this Chapter.
Distributing stations commonly known as bulk or tank stations,
used for the storage and distribution of flammable liquids, or liquified
petroleum products.
These terms include the following: church, synagogue, rectory,
parish house or similar building incidental to the particular use
which is maintained and operated by an organized group of people for
religious purposes.
An establishment where patients who are not lodged overnight
are admitted for examination/treatment by a group of physicians, dentists,
or both practicing together.
A compilation of policy statements, goals, standards, maps,
and action programs for guiding the future development of the public
or semi-public facilities of the Municipality, such as recreational,
educational, and cultural facilities.
A section of the City within which the regulations governing
the use of buildings and premises, or the height and area of buildings
and premises are uniform.
Any building, or portion thereof, which is designed or used
exclusively for residential purposes.
A dwelling designed for or occupied exclusively for residence
purposes by one (1) family or housekeeping unit.
A single-family dwelling suitable for year-round occupancy,
which consists of more than one (1) module either partially or wholly
factory-fabricated and containing a framework which does not contain
wheels or towing tongue. When transported to a building site, it will
be placed on a permanent foundation so as to be substantially affixed
to the site and connected to a water supply, waste disposal system
and electrical supply, thereby making it immobile housing.
A residential building designed for or occupied by three
(3) or more families, with the number of families in residence not
exceeding the number of dwelling units provided.
A detached residential building containing two (2) dwelling
units, designed for occupancy by not more than two (2) families.
One (1) room, or rooms connected together, constituting a
separate, independent housekeeping establishment for owner occupancy,
or rental or lease on a weekly, monthly, or longer basis, and physically
separated from any other rooms or dwelling units which may be in the
same structure, and containing independent cooking and sleeping facilities.
Any number of individuals living together on the premises
as a single non-profit housekeeping unit (except for necessary servants)
as distinguished from a group occupying a boarding house, lodging
house, hotel, club, fraternity or sorority house.
Lands which are subject to periodic flooding and have been
designated as flood prone areas by the Federal Emergency Management
Agency and/or the Soil Conservation Service, U.S. Dept. of Agriculture.
All of the property of one (1) or more lots measured in linear
feet from lot line to lot line along the right of way of the primary
access street.
A garage intended for, and used by, the private motor vehicles
of the families resident upon the premises; however, such garage shall
not be used for more than one (1) small commercial vehicle per family
resident upon the premises.
Any premises except those defined as a private garage used
for storage or care of self-propelled vehicles and/or where any such
vehicles are equipped for operation, repair, or are kept for remuneration,
hire, or sale.
The average level of the finished surface of the ground adjacent
to the building.
Any occupation or activity carried on by a member of the
immediate family residing on the premises, in connection with which
there is used no sign other than a name plate affixed to the outer
wall, of not more than one (1) square foot in area, which will indicate
from the exterior that the building is being utilized in part for
any purpose other than that of a dwelling; there is kept no stock
in trade nor commodity sold upon the premises; no person is employed
other than a member of the immediate family residing on the premises.
A building in which lodging or boarding and lodging are provided
and offered to the public for compensation, and in which ingress and
egress to and from all rooms is made through an inside lobby or office
supervised by a person in charge at all hours.
Any area where waste, discarded or salvaged materials are
bought, sold, exchanged, baled or packed, disassembled or handled,
including house wrecking yards, used lumber yards and places or yards
for storage of salvaged house wrecking and structural steel materials
and equipment, automobile, tractor, or machinery wrecking and used
parts yards, but not including areas where such uses are conducted
entirely within a completely enclosed building, and not inducing the
processing of used, discarded or salvaged materials as part of the
manufacturing operation.
Any lot or premises on which four (4) or more dogs at least
four (4) months of age are kept.
Any area where vehicles are parked, maneuvered, or loaded
or unloaded of materials or equipment.
A portion of a subdivision or other parcel of land registered
as a lot of record with the County Recorder and intended as a unit
for transfer of ownership or development.
A lot situated at the intersection of two (2) or more streets.
The total allowable amount of lot area, expressed as a percentage,
which may be covered by a principal use and its accessory structures.
The average distance between the front and rear lot line
(the greater frontage of a corner lot shall be deemed its depth and
the lesser frontage its width).
An interior lot having frontage on two (2) streets.
A lot other than a corner lot.
A parcel of land that is recorded as a lot in a subdivision
that has been recorded in the official public records of the County
Recorder of Gentry County, Missouri.
The horizontal straight line distance between the side lot
lines at the setback line.
A transportable single-family dwelling unit composed of one
(1) single unit suitable for year-round occupancy and containing the
same water supply, waste disposal and electrical conveniences as immobile
housing and having no permanent foundation other than wheels, jacks
or skirting.
A use lawfully in existence on or before July 19, 1988, and
not conforming to the regulations for the district in which it is
situated, except that such a use is not non-conforming if it would
be authorized under a special use permit where located.
A parcel of land containing one (1) or more unenclosed parking
spaces whose use is principal to the lot as differentiated from an
accessory use, as on a residential lot.
An improved surface area, enclosed or unenclosed, sufficient
in size to store one (1) motor vehicle, together with a street or
alley and permitting ingress and egress of such motor vehicle. A minimum
of one hundred seventy (170) square feet, excluding access drives,
is required.
A permanent foundation is one that consists of solid concrete
or permanently cemented concrete block walls placed on adequate footings
on all outer side walls of the dwelling unit. Concrete blocks or piers
placed on footings beneath a dwelling which require sheeting or skirting
to enclose the area below the dwelling unit is not a permanent foundation.
A lot or plot containing a structure with the required front,
side and rear yards for a dwelling or other use as allowed under this
Chapter.
The purpose for which land or a building thereon is designed,
arranged, intended or maintained, or for which it is or may be used
or occupied.
A travel trailer, pickup camper, converted bus, tent trailer
or similar device used for temporary portable housing.
Any type of plant materials or an architectural form such
as fencing being not less than ninety percent (90%) opaque to be utilized
to obscure conflicting land uses and also to absorb and deflect noise.
The minimum horizontal distance between the lot line and
the foundation wall of a building or the allowable building line as
defined by the yard regulations of this Chapter.
A permit granted by the Board of Aldermen for a use that
would not be appropriate generally throughout a zone district, but
which, if controlled as to a number, area, location or relation to
the neighborhood, would not be injurious to the public health, safety,
morals, welfare, order, comfort, convenience, appearance and prosperity.
Such uses may be permitted in listed zone districts upon application
to the Planning Commission.
That portion of the building included between the surface
of any floor and the surface of the next floor above it or, if there
is no floor above it, the space between the floor and the ceiling
next above it.
A story with at least two (2) opposite exterior sides meeting
a sloping roof not more than two (2) feet above the floor of such
story.
A public thoroughfare which affords principal means of access
to abutting property.
The right-of-way line of a street.
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 or addition to the supporting members of a building
such as bearing walls, columns, beams or girders.
A described tract of land which is to be or has been divided
into three (3) or more lots or parcels, any of which resultant parcels
is less than two and one-half (2½) acres in area and one
hundred (100) feet in width, for the purpose of transfer of ownership
or building development, or if a new street is involved, any division
of a parcel of land. The term includes resubdivision and, where it
is appropriate to the context, relates either to the process of subdivision
or to the land subdivided.
A permanent residential dwelling consisting of a story underground
or partly underground and having one-half (½) or more of
its height (measured from floor to ceiling) above the average level
of the ground, or having the floor at the level of an exterior grade
at one (1) or more sides.
The purpose for which land or premises or a building thereon
is designated, arranged or intended, or for which it is or may be
occupied or maintained.
A modification or variation of the provisions of this Chapter,
as applied to a specific piece of property, except that modification
in the allowable uses within a district shall not be considered a
variance.
A space in the same lot with a building open and unobstructed
from the ground to sky, except for fences five (5) feet or less in
height, and trees and shrubs.
A yard extending across the front of the lot between the
side yard lines and lying between the outer right-of-way (R.O.W.)
line of the road or highway and the nearest line of the building.
On corner lots "the "front yard" shall be considered
as parallel to the street upon which the lot has its least dimension.
An open space unoccupied (except for accessory buildings)
on the same lot with a principal building and situated between the
rear lines of the building and the rear line of the lot, for the full
width of the lot. On all lots the "rear yard" shall
be at the opposite end of the lot from the front yard.
An open, unoccupied space between a building and the side
line of the lot and extending from the front lot line to the rear
yard.
[Ord. No. 88-12 §4, 7-19-1988; Ord. No. 99-19 §2, 7-6-1999]
In order to classify, regulate and restrict the location of
commerce, industry, other land uses, and the location of buildings
designed for specified uses, to regulate and limit the height and
bulk of buildings hereafter erected or altered, to regulate and limit
the intensity of the use of lot areas, and to regulate and determine
the areas of yards, courts and other open spaces within and surrounding
such buildings, the City of Albany, Missouri, is hereby divided into
ten (10) classes of districts. The use, height and area regulations
are uniform in each class of district, and said districts shall be
known as:
|
"R-1"
|
Low Density Residence District
| |
|
"R-2"
|
Multiple Dwelling Residence District
| |
|
"R-3"
|
Mobile Home Park District
| |
|
"R-4"
|
Manufactured Home District
| |
|
"C-1"
|
General Commercial District
| |
|
"C-2"
|
Highway Service Commercial District
| |
|
"M-1"
|
Manufacturing District
| |
|
"P/SP"
|
Public/Semi-Public District
| |
|
"FP"
|
Flood Plain Overlay District
| |
|
"O"
|
Open Space District
|
[Ord. No. 88-12 §4, 7-19-1988; Ord. No. 99-20 §§1 — 6, 7-6-1999]
There is designed a map of zoning districts denoting the various
requirements under this Chapter as applied to the City of Albany.
The boundaries of the districts established by this Chapter are delineated
on the Zoning Map; said map and all notations, references and data
shown thereon are hereby adopted and made part of this Chapter and
will be on permanent file, and for public inspection, in the City
Hall. It shall be the responsibility of the Codes Enforcement Officer
and his designee and staff to maintain said map, and amendments thereto
shall be recorded thereon within thirty (30) days after official publication
of amendments. A copy of this Chapter and map will also be on file
in the office of the Gentry County Recorder.
[Ord. No. 88-12 §4, 7-19-1988]
The district boundary lines on such map follow either streets,
alleys or lot lines. Where the districts designated on the map are
bounded by such street, alley, lot or easement lines, the centerline
of the street or alley or the lot lines shall be the boundary of the
district, unless such boundary is otherwise indicated on the map.
