[CC 1984 §42.010]
This Chapter shall be known and may be cited as "The City of
Seneca, Missouri Zoning Code".
[CC 1984 §42.020]
In order to promote the health, safety, comfort and general
welfare; to conserve and protect property and property values; to
secure proper use of land; to facilitate adequate and economical public
improvements and services; and to lessen or avoid congestion on the
public streets; the following regulations and zones are imposed on
the City of Seneca, Missouri.
[CC 1984 §42.030]
[CC 1984 §42.040]
A.
Said
Districts are bounded and defined as shown on a map entitled "Zoning
Map for the City of Seneca, Missouri", adopted by the Board of Aldermen
and certified by the City Clerk, which is on file in the City offices,
with all explanatory matter thereon, and is hereby made a part of
this Chapter.
B.
The
Zoning Map shall be kept and maintained by the City Clerk and shall
be available for inspection and examination by members of the public
at all reasonable times as any other public record.
[CC 1984 §42.045]
A.
Where
uncertainty exists with respect to the boundaries of any of the aforesaid
districts, the following rules shall apply:
1.
Where District boundaries on the Zoning Map are indicated as approximately
following the centerlines of streets, streams, highways, or railroads,
such boundaries shall be deemed to be located at such midpoints.
2.
Where District boundaries are so indicated that they approximately
follow lot lines or section lines, such lines shall be construed to
be said boundaries.
[CC 1984 §42.055]
The following hierarchy of land uses is established with one
(1) being the highest, "A-1"=1, "R-1"=2, "R-2"=3, "C-1"=4, "C-2"=5,
"C-3"=6, "I-1"=7, "I-2"=8, "MP"=9. Higher land uses will be permitted
in lower ranked districts, i.e., "R-2" would be permitted in an "I-1",
but not vice versa.
[CC 1984 §42.060]
A.
Except
as hereinafter provided:
1.
No building or land shall hereafter be used or occupied and no building
or part thereof shall be erected, moved or altered unless in conformity
with the regulations herein specified for the District in which it
is located.
2.
No building shall hereafter be erected or altered:
a.
To exceed the height;
b.
To accommodate or house a greater number of families;
c.
To occupy a greater percentage of lot area; or,
d.
To have narrower or smaller rear yards, front yards, side yards,
inner or outer courts;
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than is specified herein for the District in which such building
is located.
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3.
No part of a yard or other open space required about any building
for the purpose of complying with the provisions of this Chapter shall
be included as a part of a yard or other open space similarly required
for another building.
[CC 1984 §42.270; Ord. No. 405.080, 9-28-1998]
For the purposes of this Chapter, certain terms and words are
hereby defined as follows:
The words "used for"includes "designed
for" and vice versa; words used in the present tense include
the future; words in the singular number include the plural number
and vice versa; the word "building" includes the
word "structure"; the word "dwelling" includes the word "residence".
A building customarily incidental and subordinate to the
main building and located on the same lot with the main building.
A use incidental to the principal use of a building. In buildings
restricted for residential use, an office used for family occupations
and workshop not conducted for compensation shall be deemed accessory
uses.
Those rates established by the Administrator pursuant to
individual community studies and investigations which are undertaken
to provide flood insurance in accordance with 42 U.S.C. 4014 and the
accepted actuarial principles. Actuarial rates include provisions
for operating costs and allowances.
The growing of crops in the open and the raising of such
stock and poultry as are incidental to the acreage farmed, provided
however, that such land shall consist of at least ten (10) acres in
one (1) parcel or in contiguous parcels under common ownership or
operation. The feeding or disposal of community or collected garbage
shall not be deemed an agricultural use, nor shall the raising of
furbearing animals, riding academies, livery or boarding stables or
dog kennels be so considered.
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the exit facilities, or
an enlargement, whether by extending on a side or by increasing in
height, or the moving from one (1) location or position to another.
A building arranged, intended or designed to be occupied
by three (3) or more families living independently of each other.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings
exclusive of uncovered porches, terraces and steps.
The total area within the property lines excluding external
streets and utility easements.
A story partly or wholly underground. For purposes of height
measurement, a basement shall be counted as a story where more than
one-half (½) of its height is above the average level of the
adjoining ground.
Any sign or advertisement used as an outdoor display for
the purpose of making anything known, the origin or point of sale
of which is remote from said display.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches whether
enclosed or unenclosed, but does not include steps.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A natural or artificial watercourse of perceptible extent,
with a definite bed and banks to confine and conduct continuously
or periodically flowing water, "channel flow" thus
is that water which is flowing within the limits of a defined channel.
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 this State,
custody of children fixed by a court of competent jurisdiction, children
related by blood or marriage within the third (3rd) degree of the
custodial person, or to 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 engaged in church activities.
A long-range master plan for area development including studies
of land use, traffic volume and flow, schools, parks, and other public
buildings.
That percentage of the plot or lot area covered by the building
area.
Business operated during daytime hours for care of children.
The keeping of more than three (3) dogs that are more than
six (6) months old.
A lot or land or part thereof used primarily for the disposal
by abandonment, dumping, burial, burning, or any other means and for
whatever purpose of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof, or waste material of any kind.
A building or portion thereof designed exclusively for residential
occupancy, including one-family and two-family, but not including
hotels, boarding and rooming houses.
A detached building designed exclusively for occupancy by
one (1) family.
A building designed exclusively for occupancy by two (2)
families living independently of each other, including a duplex, (one
(1) dwelling unit above the other), or a semi-detached dwelling (one
(1) dwelling unit beside the other).
A building or portion of a building designed for or occupied
by more than two (2) families living independently of each other.
For the purpose of flood plain management requirements, existing
construction means any construction started prior to the effective
date of a flood plain management regulation adopted by a community.
Existing construction may also be referred to as "existing
structures".
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 marriage, occupying premises
and living as a single non-profit 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.
Any area of land, including any structure or structures thereon
that is or are used or designed to be used for the supply of gasoline
or oil or other fuel (not including liquid petroleum gases) for the
propulsion of vehicles.
A temporary rise in streams flow or stage that results in
water overlapping its banks and inundating areas adjacent to the channel.
An unusual and rapid accumulation of runoff or surface waters from
any source.
The official map prepared by the Department of Housing and
Urban Development-Federal Insurance Administration for a community
delineating where flood insurance may be sold and the risk premium
zones applicable to such areas.
The official report provided by the Federal Insurance Administration.
The report contains flood profiles and high water elevations for various
flood frequencies as well as the boundaries and water surface elevations
of the 100-year flood.
The operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency
preparedness plan, flood control works and flood plain management
regulations.
Any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
Those physical structural works constructed specifically
to modify flooding in order to reduce the extent of the area within
a community subject to a "special flood hazard". Such
a system typically includes levees or dikes. These specialized modifying
works are those constructed in conformance with sound Federal engineering
standards.
The channel of a river or other watercourse and the adjacent
portion of the flood plain needed to meet nature's demand to convey
the 100-year flood without increasing the water surface elevation
more than one (1) foot at any point assuming equal conveyance reduction
outside the channel from the two (2) sides of the flood plain.
Area of the flood plain, outside of the floodway, that on
the average is likely to be flooded once every one hundred (100) years
(i.e., that has a one percent (1%) chance of flood occurrence in any
one (1) year).
All the property fronting on one (1) side of a street between
the two (2) nearest intersecting streets, or other natural barriers.
An enclosed space for the storage of one (1) or more motor
vehicles, provided that no business, occupation or service is conducted
for profit therein nor space therein for more than one (1) car is
leased to a non-resident of the premises.
Any garage not a private garage, and which is used for storage,
repair, rental, servicing or supplying of gasoline or oil to motor
vehicles.
Any home in which eight (8) or fewer unrelated mentally or
physically handicapped persons reside, and may include two (2) additional
persons acting as houseparents or guardians who need not be related
to each other or to any of the mentally or physically handicapped
persons residing in the home. The exterior appearance of the home
and property shall be in reasonable conformance with the general neighborhood
standards.
Any floor used for living, which includes working, sleeping,
eating, cooking or recreation or combination thereof. A floor used
only for storage purposes is not a "habitable floor".
Any occupation or profession carried on by the inhabitants
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. No more than twenty percent
(20%) of the usable floor area shall be devoted to such occupation.
Any building or portion thereof which contains guest rooms,
which are designed or intended to be used, let or hired out for occupancy
by, or which are occupied by ten (10) or more individuals for compensation,
whether it be paid directly or indirectly.
A building used for the diagnosis, treatment or other care
of human ailments, unless otherwise specified.
Any portable or mobile vehicle used or designed to be used
for living purposes and with its wheels, rollers or skids in place.
A lot, land or structure, or part thereof, used primarily
for the collecting, storage and sale of waste paper, rags, scrap metal
or discarded material, or for the collecting, dismantling, storage
and salvaging of machinery or vehicles not in running condition, and
for the sale of parts thereof.
An off-street space or berth on the same lot with a building,
or contiguous to a group of buildings, for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials,
and which abuts upon a street or other appropriate means of access.
Land occupied or to be occupied by a building, or unit group
of buildings, and accessory buildings, together with such yards and
lot area as are required by this Chapter, and having its principal
frontage upon a street, or a place approved by the Commission.
A lot, or portion thereof, not greater than one hundred (100)
feet in width and situated at the intersection of two (2) or more
streets, having an angle of intersection of not more than one hundred
thirty-five degrees (135°).
The horizontal distance between the front and rear lot lines,
measured along the median between the two (2) side lot lines.
The horizontal distance between the side lot lines measured
at the building line.
A manufactured residential structure built to a nationally-recognized
and accepted construction standard published by the Building Officials
and Code Administrators International, Inc. (BOCA) and the unit is
inspected and certified at the factory that it meets said standard.
A manufactured/modular home shall have exterior structure materials
and appearance similar to the customary single-family structures in
the neighborhood and shall be permanently situated on a concrete foundation.
A movable living unit designed for year-round occupancy,
sometimes termed a trailer home; all portable contrivances used or
intended to be used generally for living and sleeping quarters and
which is or was designed to be moved by its own power, towed or transported
by another vehicle.
A parcel (or contiguous parcels) of land which has been divided
into two (2) or more lots for rent or sale and the placement of mobile
homes.
A plot of ground within a mobile home community or park which
is designed for and designated as the location for only one (1) automobile
and one (1) mobile home and not used for any other purposes whatsoever
other than the customary accessory uses thereof.
A group of buildings including either separate cabins or
a row of cabins or rooms which:
A building, or portion of a building, arranged, intended
or designed to be used for making repairs to motor vehicles.
Those structures where new construction or substantial improvement
of which is begun after December 31, 1974, or the effective date of
the FIRM whichever is later.
A building, structure or use of land existing at the time
of enactment of this Chapter, and which does not conform to the regulations
of the district or zone in which it is situated.
The base flood having a one percent (1%) chance of annual
occurrence.
A district which acts in conjunction with the underlying
zoning district or districts.
Space within or on a building or a private or public parking
area for the parking of one (1) automobile.
A map, plan or layout of a City, township, section, or subdivision
indicating the location and boundaries of individual properties.
The water surface elevation of the 100-year flood, which
is shown on the FIRM and in the Flood Insurance Study.
An elevation one (1) foot higher than the water surface elevation
of the regulatory flood.
Any words, numerals, figures, designs or trademarks by which
anything is made known, such as are used to designate an individual,
a firm, profession, business or a commodity and which are visible
from any public street or air space.
That portion of a building included between the surface of
any floor and the surface of the next floor above it, or, if there
be no floor above it, then the space between such floor and ceiling
next above it.
Any public or private right-of-way which affords the primary
means of access to abutting property.
All paved, unpaved and utility easements.
The legal line between street right-of-way and abutting property.
Anything constructed or erected, which requires location
on the ground or attached to something having a location on the ground.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds fifty percent (50%) of the market
value of the structure either:
Before the improvement is started, or
If the structure has been damaged and is being restored, before
the damage occurred.
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For the purpose of this definition "substantial improvement" is considered to occur when the first (1st) alteration of any wall,
ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include any alteration
to comply with existing State or local health, sanitary, building,
or safety Codes or regulations.
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Land used or intended to be used by campers or for trailers,
tents, or movable dwellings; two (2) or more trailers, whether parked
or supported by donations, shall constitute a tourist camp.
A building or portion thereof designed exclusively for residential
occupancy by more than two (2) families living independently of each
other.
A vehicle or residence on wheels, skids or rollers without
motive power, designed to be used for human habitation or for carrying
persons or property, including a trailer coach or house trailer.
All areas identified on the FIRM as being subject to the
100-year flood for which a water surface elevation was not provided
(such zones shall be subject to all provisions of this Chapter except
those relating to elevation or flood proofing).
The purpose for which land or a building is arranged, designed
or intended, or for which either land or a building is or may be occupied
or maintained.
An open space other than a court on the same lot with a building
or group of buildings, which open space lies between the building
or group of buildings and the nearest lot line and is 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.
A yard extending across the full width of the lot between
the nearest rear main building and the rear lot lines. The depth of
the required rear yard shall be measured horizontally from the nearest
part of a main building toward the nearest point of the rear lot lines.
A yard between a main building and the side lot line, extending
from the front yard, or front lot lines, where no front yard is required,
to the rear yard. The width of the required side yard shall be measured
horizontally from the nearest point of the side lot line toward the
nearest part of the main building.
