[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 §42.040]
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:
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.
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. |
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.