[R.O. 2008 §405.010; Ord. No. 4984 §1, 6-10-1991]
In carrying out the provisions of Sections 89.010 through 89.140,
RSMo., the Planning Commission of Maryville, Missouri, have divided
the City into districts and have prepared regulations pertaining to
such districts in accordance with a comprehensive plan and designated
to accomplish the purposes set forth in Section 89.030, RSMo., as
amended to accomplish the general and specific purposes of this Title.
[R.O. 2008 §405.020; Ord. No. 4984 §1, 6-10-1991]
A.
Symbols,
titles, and a brief description of each of the zones established by
this Chapter are as follows:
1.
Residential zones.
a.
"AG" — Agricultural Zone. Provides for agriculture,
very low density residential development, and interim uses under specific
conditions.
b.
"R-1" — Single-Family Residence. 8,800 square
foot zone. Provides for low density residential uses.
c.
"R-2" — Single-Family Residence. 6,600 square
foot zone. Provides for single-family residences on moderate size
lots.
d.
"R-2" Modified Residence Zone. 6,600 square foot
zone. Provides for single-family residences in a duplex unit.
e.
"R-3" — Multi-Family. 8,000 square foot minimum
lot size. Provides for multiple family dwellings.
f.
"R-4" — Multi-Family Residence. 8,000 square
foot minimum lot size. Provides for multiple family dwellings.
2.
Commercial zones.
a.
"C-O" — Office Building District. To provide
areas for professional buildings and offices to be used only for administrative
or professional functions.
b.
"C-1" — Restricted Business District. To provide
a zone for a wide range of non-offensive retail establishments and
services.
c.
"C-2" — General Business District. To provide
a zone which will take into account the special characteristics of
the Central Business District.
d.
"C-3" — Commercial District. To provide for
the efficient use of business land near major thoroughfares.
3.
Industrial zones.
a.
"M-1" — Light Industrial District. To provide
for non-offensive industrial and manufacturing uses which can meet
rigid performance standards.
b.
"M-2" — General Industrial District. To provide
for greater latitude in meeting performance standards than the "M-1"
Zone, but limiting retail and service business.
[Ord. No. 7432 §1, 7-9-2012; Ord.
No. 8298, 9-14-2020]
A.
Each of the districts hereinbefore set forth shall be referred to as Overlay Districts and create special zoning districts, placed over existing base zones listed in Section 405.020 and identifies special provisions in addition to those in the underlying base zone. Overlay Districts shall be as follows:
[R.O. 2008 §405.030; Ord. No. 4984 §1, 6-10-1991]
A.
Each
of the districts hereinbefore set forth shall have a separate and
distinct counterpart known and herein referred to as a Planned District.
A "Planned District" shall be for the purpose of permitting and regulating
the uses heretobefore permitted in the equivalent district and further
provide for and encourage latitude and flexibility in the location
of buildings, structures, roads, drives, variations in yards and open
spaces all subsequent to approval of the plan by local officials.
The purpose is to allow development of tracts of land to their fullest
extent and at the same time observe the general intent and spirit
of these regulations. Planned Districts shall be as follows:
1.
"RP-1" — Planned Single-Family Residence District.
2.
"RP-2" — Planned Single-Family Residence District.
3.
"RP-4" — Planned Multi-Family Residence District.
4.
"CP-O" — Planned Non-Retail Business District.
5.
"CP-1" — Planned Restricted Business District.
6.
"CP-2" — Planned General Business District.
7.
"CP-3" — Planned Commercial District.
8.
"MP-1" — Planned Light Industrial District.
9.
"MP-2" — Planned Heavy Industrial District.
The location, size, shape, and boundaries of the zones to which
the provisions of the text of this Chapter are applicable, shall be
indicated on the atlas of maps which is entitled "Official Zoning
Map" incorporated herein and by this reference made a part hereof
and such maps, after being adopted by reference as a part of this
Chapter and so certified by the City Clerk together with the text;
shall be maintained by the City Clerk and such atlas shall be the
Official Zoning Map, for purposes of enforcement of this Title. Any
amendment to the zoning classifications on the Official Zoning Map
shall include the legal description of the land involved including
appropriate adjacent public rights-of-way on public property and such
amendments shall be promptly and permanently noted on the face of
the maps in the custody of the City Clerk.
[1]
Editor's Note: Ord. No. 8298 amended the Official Zoning Map
to include the Downtown Overlay District, the details of which can
be found on file in the City offices.
[R.O. 2008 §405.050]
A.
The
following rules shall govern interpreting the boundaries of zones
as portrayed on the Official Zoning Map:
1.
The boundaries of the zones, except where otherwise referenced, are
intended to follow the lines of platted lots, center lines of streets
and alleys, and when lines appear to be not more than ten (10) feet
from the line of a platted lot, the boundary shall be interpreted
as being coincidental therewith.
2.
When boundaries cross unplatted property or platted lots otherwise
than set forth above, and their distances are not clearly marked,
their location shall be determined by use of the scale of the map
and every such line shall be interpreted to fall on the nearest multiple
of ten (10) feet.
3.
Boundaries indicated as approximately following City limits shall
be construed as following City limits.
4.
Boundaries indicated as following railroad tracks shall be construed
to be midway between the rails of the main tracks.
5.
Boundaries indicated as following shore lines shall be construed
to follow shore lines, and in the event of change in the shore line
shall be construed as moving with the actual shore line; boundaries
indicated as approximately following the center lines of streams,
rivers, canals, lakes, reservoirs, flood control channels or other
bodies of water shall be construed to follow such center lines and
shall move with such center lines in case of shifting.
6.
In case of doubt or dispute, the boundary lines shall be determined
by the Board of Adjustment upon receiving of an appeal from a ruling
of the Building Official.
[R.O. 2008 §405.060; Ord. No. 4984 §1, 6-10-1991; Ord. No. 6723 §§1 — 2, 1-13-2005]
A.
Upon
such annexation, all territory that is annexed into the City of Maryville
shall upon such annexation be classified and zoned in accordance with
the following:
1.
No previous zoning ordinance in effect. If at the
time of annexation the newly annexed land is not subject to a valid
zoning ordinance duly imposed by a properly authorized governmental
subdivision of this State, the following regulations shall apply:
a.
Immediately upon annexation, the property shall automatically receive
a zoning designation of the most restrictive zone which allows the
use to which the property was being subjected at the time of annexation;
b.
In the event portions of the tract are being subjected to different
uses which would require different zoning designations, the property
shall be automatically divided into zoning sections based upon the
actual use of the areas of the property at the time of annexation
and shall automatically receive a zoning designation of the most restrictive
zone which allows the use to which that portion of the property was
being subjected at the time of annexation;
c.
Notwithstanding the foregoing paragraphs, in the event such automatic
zoning designation would result in "spot-zoning" in violation of the
ordinances of the City of Maryville, the automatic zoning shall instead
be zoning consistent with the zoning of the adjoining property at
the time of annexation. In the event the property is adjoined by tracts
with different zoning designations, the property shall immediately
be referred to the Planning and Zoning Commission and no development
shall be allowed upon said property until the property is assigned
a zone pursuant to the regulations of this Chapter and the laws of
the State of Missouri.
d.
Thereafter the City of Maryville shall adopt such zoning regulations
for the land as are appropriate in accordance with the procedures
prescribed by this Chapter and the laws of the State of Missouri.
2.
Pre-existing zoning ordinance in effect. If at the
time of the annexation the newly annexed land is subject to a valid
zoning ordinance duly imposed by a properly authorized governmental
subdivision of the State, upon annexation said land shall remain subject
to the zoning designations in effect prior to annexation until such
time as the City of Maryville shall adopt zoning regulations for the
annexed territory in accordance with the procedures prescribed by
this Chapter and the laws of the State of Missouri.
3.
Timing of action. The Planning and Zoning Commission
and the City Council of the City of Maryville shall adopt the regulations
envisioned herein in a timely manner.
[R.O. 2008 §405.070; Ord. No. 4984 §1, 6-10-1991]
In order to facilitate the enforcement of this Chapter, the
device of zoning lots as defined herein shall be used. A parcel of
land shall be designated and suitably recorded by the Building Official
as forming the site of each new building, structure or use of land
or the site of any building structure or use of land designated for
any alteration or modification requiring a building permit or certificate
of occupancy. Said parcel shall conform in dimensions and area to
the provisions of this Chapter. A zoning lot may or may not coincide
with platted lot lines.
[R.O. 2008 §405.080; Ord. No. 4984 §1, 6-10-1991]
No building, structure or land shall hereafter be used or occupied
and no building or structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved, or structurally altered unless
in conformity with all of the regulations herein specified for the
district in which it is located.
[R.O. 2008 §405.090; Ord. No. 4984 §1, 6-10-1991]
A.
No
open space surrounding any building shall be encroached upon or reduced
in any manner, except in conformity with the yard, lot area and building
location regulations herein designed for the zone in which such building
or open space is located. No yard, off-street parking space, off-street
loading space, or other open space surrounding any building for the
purpose of complying with the provisions of this Chapter except as
otherwise specified herein, shall be considered as providing a yard
or open space for any other building, and no yard or other open space
on one (1) platted lot shall be considered as the required open space
on another platted lot unless the other platted lot is in the same
ownership and is declared as a single zoning lot in applying for a
building permit, and provided no land so considered as part of a required
building site or zoning lot in the application for a building permit
for an existing building. The required yard or open space for any
use, building or structure shall be contained in the same zone as
required for the principal use, its buildings or accessory buildings.
B.
No
lot, yard, off-street loading space, off-street parking space or other
open space required for an existing building by the regulations contained
herein shall be hereafter reduced in dimension or area below the minimum
requirements set forth herein for said building or structure, except
to provide for the extension, establishment or widening of a public
street or highway.
[R.O. 2008 §405.100; Ord. No. 4984 §1, 6-10-1991]
A.
It
is not the intention of this Chapter to defeat the purposes of any
contract, deed restriction or protective covenant when such instrument
is not inconsistent with this Title or contains stricter requirements.
In the event this Title conflicts with other ordinances, rules and
regulations adopted pursuant to law, or State or Federal law, then
the more strict provisions shall apply.
B.
Areas
which are included within the boundaries of an Urban Renewal Plan
or other area plan which has been officially adopted and approved
by the Council and a contract with the Federal or other government
consummated as a consequence thereof, shall not be the subject of
any zoning change which will defeat the purposes of such contract.
[R.O. 2008 §405.110; Ord. No. 4984 §1, 6-10-1991]
Notwithstanding height restrictions specified for any specific
zone set forth herein, no building, structure, vegetation, or use
of land shall be constructed or permitted to grow to a height exceeding
the limits indicated on the zoning district maps entitled "Airport
Approach and Turning Zone" which are a part of this Title, or may
hereafter be adopted as a part of this Title.
[R.O. 2008 §405.120; Ord. No. 4984 §1, 6-10-1991; Ord. No. 5255 §1, 11-28-1994; Ord. No. 5292 §1, 4-10-1995; Ord. No. 6689 §§1 —
2, 9-27-2004; Ord. No.
7213 §1, 5-10-2010; Ord. No. 7434 §1, 7-9-2012; Ord. No. 8197, 7-8-2019; Ord. No. 8198, 7-8-2019; Ord. No. 8299, 9-14-2020]
A.
ACCESSORY RENTALS, ACCESSORY RESIDENTIAL RENTALS, ACCESSORY
UNITS AND ACCESSORY RESIDENTIAL UNITS
1.
a.
b.
(1)
(2)
(3)
2.
3.
ALLEY
APARTMENT HOTEL
AUTO WRECKING
BED AND BREAKFAST FACILITY
BLOCK
BOARD
BUILDING
BUILDING HEIGHT
BUILDING OFFICIAL
BUILDING, ACCESSORY
BUILDING, PRINCIPAL
CERTIFICATE OF OCCUPANCY
CHURCH
CLINIC, MEDICAL
CLUB
COMMISSION
COUNCIL
COUNTRY CLUB
DAY CARE CENTER
DAY CARE HOME
DRIVE-IN
DWELLING
DWELLING UNIT
DWELLING, ATTACHED (ROW)
DWELLING, DETACHED
DWELLING, MOBILE
DWELLING, MULTI-FAMILY
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
FLAMMABLE LIQUIDS
FLOOR AREA
GOLF COURSE
GRADE
GROSS FLOOR AREA RATIO (GFAR)
GROUND COVERAGE
GROUP HOME
HEIGHT, BUILDING
HOME OCCUPATION, GENERAL
1.
a.
b.
c.
d.
e.
f.
g.
h.
i.
2.
HOME OCCUPATION, LIMITED
1.
a.
b.
c.
d.
e.
f.
g.
h.
i.
2.
JUNK
LOT
LOT LINE
LOT OF RECORD
LOT WIDTH
LOT, CORNER
LOT, INTERIOR
LOT, REVERSE CORNER
LOT, THROUGH
LOT, ZONING
MARIJUANA OR MARIHUANA
MARIJUANA-INFUSED PRODUCTS
MEDICAL MARIJUANA CULTIVATION FACILITY
MEDICAL MARIJUANA DISPENSARY FACILITY
MEDICAL MARIJUANA FACILITY
MEDICAL MARIJUANA TESTING FACILITY
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
MICROBREWERY
MINI-STORAGE or MINI-WAREHOUSE
MINOR REPAIR, AUTOMOBILE
MODIFYING ZONE
MOTOR HOTEL or HOTEL
NON-CONFORMING BUILDING
NON-CONFORMING USE
OUTDOOR ADVERTISING
PAR-3 GOLF COURSE
PRIMARY ZONE
PRINCIPAL PERMITTED USE
ROOMING HOUSE
SHORT-TERM RENTAL
SPECIAL USE PERMIT
SPOT ZONE
STORY
STREET
STRUCTURAL ALTERATIONS
STRUCTURE
UNRELATED PERSONS
USE
USE, ACCESSORY
USE, SPECIFICALLY EXCLUDED
WAREHOUSE
WAREHOUSE, DISTRIBUTION
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING LOT
For the purpose of this Title, certain words and terms used herein
shall be defined and interpreted as follows:
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
"shall" is mandatory and not directory. The word "used" shall be deemed
also to include "designed, intended or arranged to be used."
A habitable living unit that is:
Within or added to a single-family dwelling; or
A detached dwelling on the same lot as a single-family dwelling,
which:
Is not open to the remainder of the single-family dwelling;
Includes separate, complete, independent and permanent provisions
for living, sleeping, eating, cooking and sanitation; and
Which complies with the requirements of "R-2" Zones [Currently found in Section 405.240(A)(1)(b)].
For purposes of the requirement in Subsection (1)(b)(2) hereof, the unit shall, at a minimum, have the following amenities separate and exclusive from the single-family dwelling: a direct entrance from the exterior of the dwelling; lavatory; bathing or showering facilities; access to running water with sink; hot cooking facilities; electrically powered cold food storage, and no less than two (2) outside access points (door or window) sufficient to comply with then-current building/fire code requirements.
Accessory rentals and accessory residential rentals are for
a period exceeding thirty (30) days.
A minor way, dedicated to public use, which is primarily
for vehicular access to the back side of the properties otherwise
abutting on a street.
An apartment house which furnishes service for the use of
its tenants which are ordinarily furnished by hotels, but the privilege
of which is not primarily available to the public.
The collection, burning out, dismantling or wrecking of used
motor vehicles, wheeled or track equipment, or trailers, or the storage,
sale of, dumping or dismantled, partially dismantled, obsolete or
wrecked motor vehicles, wheeled or track equipment, or trailers or
their parts. The dismantling and rebuilding other than customer repair
of more than one (1) motor vehicle, piece of wheeled or track equipment,
or trailer at a time even though not for profit or a principal use
of a parcel of land shall be defined as "auto wrecking." The storage
of a partially dismantled motor vehicle, piece of wheeled or track
equipment or trailer shall be considered auto wrecking.
A type of short-term rental where a portion of a single-family
residence may be used for temporary guest accommodations.
A piece or parcel of land entirely surrounded by public highway,
streets, streams, railroad rights-of-way, parks, or a combination
thereof. There may be more than one (1) numbered block as shown on
a plat, falling within a single block as herein defined.
The Board of Zoning Adjustment of the City of Maryville,
Missouri.
Any structure having a roof or partial roof supported by
columns, posts or walls for the enclosure of persons, animals, equipment
or chattels of any kind. A residential building within the meaning
of this Chapter shall include a building enclosed by a continuous
wall, regardless of the existence of platted lot lines through the
area occupied by such building. A commercial or industrial structure,
may, within the meaning of this Chapter, consist of separate buildings
where party walls or ownership lines exist in such a manner as to
indicate the intent that they be separate buildings. A tent shall
be defined as a building for the purposes of this Chapter.
The distance measured from the mean elevation of the grade
at the front face of the building to the highest point on the roof
or parapet of said building.
The official appointed by the administration or the City
Council of Maryville, Missouri, and charged with the responsibility
of enforcing this Title.
Any structure erected or constructed, including buildings
as herein defined, the use of which required location on the ground
or attachment to something located on the ground and which is incidental
and customarily appurtenant to a principal use permitted on the zoning
lot, but not including fences and walls of less than six (6) feet
in height, or bank protection structures, regardless of height, provided
they do not project more than one (1) foot above the surface of the
ground on high side.
A building in which is conducted the primary use of the site
on which it is situated. In any residential district any dwelling
shall be deemed to be the principal building of the site on which
it is located.
A permit issued by the Building Official indicating that
the use of the building or land in question is in conformity with
this Chapter or that there has been a legal variance therefrom as
provided by this Chapter.
A building or property primarily used for public religious
worship and/or associated religious functions (education, fellow-ship,
etc.), including churches, synagogues, temples, or other places of
worship.
A building or portion of a building containing the offices
and associated facilities of one (1) or more practitioners providing
medical, dental, psychiatric, osteopathic, chiropractic, physical
therapy or similar services for outpatients only, with or without
shared or common spaces and equipment. A common area pharmacy or drug
dispensary available to persons other than patients being treated
therein or making charges separate from bills for professional services
of said practitioners shall not be considered as a medical clinic
use. Not to include medical marijuana facilities.
Includes clubhouse and shall mean a voluntary association
of persons organized for cultural, recreational, fraternal, civic,
charitable or similar purpose but shall not include an organization
or premises, the chief activity of which is a service or activity
customarily carried on as business even though it may be chartered
and named for purposes herein defining a club.
The Planning and Zoning Commission of the City of Maryville,
Missouri.
The City Council of the City of Maryville, Missouri.
For the purposes of this Chapter, shall include golf courses,
par-3 courses, swimming pools, tennis clubs, and neighborhood clubhouses,
any and each of which shall be located on a site of not less than
one (1) acre and open only to membership subscribing for the use of
all facilities for a term of not less than one (1) year and members'
non-paying guests. Sleeping facilities other than for one (1) caretaker
or manager and his/her family shall be prohibited. Clubs operated
as restaurants, cocktail lounges, card rooms, beer taverns, bowling
alleys, pool and billiard parlors and similar activities normally
carried on as a business shall be construed to limit the method of
operation of such facilities enumerated in this definition when owned
or operated by a governmental agency.
A Missouri Department of Health and Senior Services licensed,
regulated, or childcare subsidized facility where care is provided
for children by a child care provider for any part of the twenty-four-hour
day.
A dwelling occupied by a day care provider and conducted
or maintained for any part of the twenty-four-hour day to provide
care for hire for four (4) or fewer children not related to the day
care provider.
May be used as a noun or adjective and shall refer to a business
which is designed to serve patrons while they are reposed in vehicles
or by means of service windows with the intent that products be consumed
in automobiles. This shall not be construed to include places for
making deposits from automobiles such as drive-in bank windows, post
office drop boxes or laundry or cleaning drop boxes.
A building or portion thereof designed exclusively for residential
occupancy, excluding hotels, motels, boarding, rooming and lodging
houses, travel trailers/recreational vehicles and tourist courts.
Any building or portion thereof which provides complete and
independent living facilities for one (1) or more persons, having
permanent provisions for living, eating, sleeping, cooking and sanitation
and which has a separate entrance/exit and separate utility metering.
A multi-family dwelling in which each dwelling unit has a
separate outdoor entrance and is either:
A dwelling that is completely surrounded by open space on
the same lot.
A vehicle used or so constructed as to permit its being used
as a conveyance upon a public street or highway and duly licensable
as such, and shall include self-propelled vehicles so designed, constructed,
reconstructed, or added to by any means, in such a manner as will
permit the occupancy thereof as a dwelling or sleeping place of one
(1) or more persons and supported by wheels, jacks or similar supports.
Transportable dwellings not meeting Building Code requirements for
a dwelling shall be treated as mobile dwellings.
A building or portion thereof containing two (2) or more
dwelling units under one (1) roof.
A building containing one (1) dwelling unit only.
A building containing two (2) dwelling units only, referred
to as duplex dwelling units.
Any liquid which gives off flammable vapors, as determined
by the flash point from an open-cup tester as used for test of burning
oils, at or below a temperature of eighty degrees Fahrenheit (80°
F.), is flammable.
The floor area of a building, as used in calculating the
gross floor area ratio or as otherwise used in this Chapter, shall
include all areas having headroom of seven (7) feet or more, including
basement areas where they are used as a dwelling unit for sleeping
accommodations, or other family eating or living purposes, but not
including basement floor areas used for utility and storage purposes.
Floor area for business and industrial buildings shall include all
usable floor space above grade and that portion of basements used
for the conduct of business or industry, but not including utility
areas of said basements. Measurements shall be made at the outside
of outside walls. An area may be surfaced with natural earth and still
be considered a floor.
Standard-sized layouts of at least nine (9) holes and shall
not include miniature golf courses, par-3 golf courses, pitch and
putt courses or driving ranges.
The mean elevation of the ground measured along the wall
of a building, or lot line, or the top of a street curb not yet constructed,
or an official grade of an alley surface, as appropriate to the context
in which the term is used.
The floor area of a building divided by the area of the zoning
lot as defined herein. (For example, a building one (1) story high
covering an entire lot would have a GFAR of 1.0 where as a building
two (2) stories high covering an entire lot would have a GFAR of 2.0
while a building one (1) story high covering half a lot would have
a GFAR of five-tenths (0.5).) Both principal and accessory buildings
shall be considered in calculating gross floor area.
The area of a zoning lot occupied by all buildings expressed
as a percentage of the gross area of the zoning lot.
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.
See "building height."
A business occupation or profession carried on within a residential
dwelling by the resident thereof, and which shall have the following
characteristics:
There shall not be external evidence of the occupation with
the exception of one (1) unlighted name plate of not more than one
(1) square foot in area attached flat against the building. Advertising
displays and advertising devices displayed through a window of the
building shall not be permitted.
There shall be no emission of smoke, dust, odor, fumes, glare,
noise, vibration, electrical or electronic disturbance detectible
at the zoning lot line.
The activity shall employ only members of the immediate family
of the resident of the dwelling.
There shall not be a stock of goods on the premises in excess
of thirty (30) cubic feet in volume, none of which shall be of a flammable
nature.
There shall be no signs, radios, television, newspapers, handbill
or similar types of advertising linking the address of the premises
with the home occupation.
Said home occupation shall not involve continual visits by the
general public, except that music lessons may be given to four (4)
pupils at a time, and a dressmaker may have two (2) customers at a
time. A beauty shop or barber shall not be considered a home occupation.
The above listed characteristics of a home occupation shall
not be construed to restrict the sale of garden produce grown on the
premises.
Said occupation may include the caring for not more than four
(4) children at one (1) time for hire.
Room or board for hire, but not for more than two (2) persons.
Any business, occupation or profession, the operation of which
does not meet the aforesaid characteristics, shall not be interpreted
to be a home operation despite the fact that it may attempt to operate
in a residential building.
A business, occupation or profession carried on within a residential
dwelling by the resident thereof, and which has the following characteristics:
There shall be no external or externally visible evidence of
the occupation, business or profession whatsoever.
There shall be no emission of smoke, dust, odor, fumes, glare,
noise, vibration, electrical or electronic disturbance detectable
at the zoning lot line.
The activity shall employ only members of the immediate family
of the resident of the dwelling.
There shall be no stock of goods on the premises.
There shall be no machinery other than that normally found in
a home.
There shall be no contact at the premises with customers or
clients other than by telephone or mail, except that music lessons
may be given to one (1) pupil at a time, and cultural, art or dance
instruction may be given to four (4) pupils at one (1) time.
Said occupation may include the care for of not more than four
(4) children at one (1) time for hire.
There shall be no signs, radio, television, newspaper, handbill
or similar types of advertising linking the address of the premises
with the home occupation.
The above listed characteristics of a limited home occupation
shall not be construed to restrict the sale of garden produce grown
on the premises, provided this exception shall not extend to allow
the operation of a commercial greenhouse or nursery or the existence
of stands or booths for display of said produce.
Any business, occupation or profession, the operation of which
does not meet the aforesaid characteristics of a limited home occupation,
shall not be interpreted to be a limited home occupation despite the
fact that it may attempt to operate in a residential building.
Old or scrap copper, brass, rope, rags, batteries, paper,
trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles,
or parts thereof, iron, steel, and other old or scrap ferrous or non-ferrous
material.
A zoning lot unless the context shall clearly indicate a
lot of record, in which case a lot is a lot of record.
A boundary of a zoning lot. Lot line is synonymous with property
line.
Land designated as a separate and distinct parcel in a subdivision,
the plat of which has been recorded in the office of the County Recorder
of Nodaway County, Missouri, the deed to which was recorded in the
office of said Recorder prior to the adoption of this Chapter (June
10, 1991).
The horizontal distance between side lot lines measured at
the front building line.
A zoning lot situated at the intersection of two (2) streets,
or bounded on two (2) or more adjacent sides by street right-of-way
lines or in the case of curved right-of-way lines, when the extension
of tangents at the side lot lines yields an internal angle which does
not exceed one hundred thirty-five degrees (135°).
A zoning lot other than a corner lot.
A corner zoning lot, the side street line of which is substantially
a continuation of the front lot line of the zoning lot to its rear.
A zoning lot having frontage on two (2) parallel or approximately
parallel diverging or converging streets, but not including a corner
lot as defined herein.
See "zoning lot."
Means 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 plant and marijuana-infused
products. Marijuana or Marihuana do 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.
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.
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport, and sell marijuana to a medical
dispensary facility, medical marijuana testing facility, or to a medical
marijuana-infused products manufacturing facility.
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 as provided for
in this Section to a qualifying patient, a primary caregiver, another
medical marijuana dispensary facility, a medical marijuana testing
facility, or a medical marijuana-infused products manufacturing facility.
A medical marijuana dispensary, medical marijuana cultivation
facility, medical marijuana testing facility, or medical marijuana-infused
products manufacturing facility.
A facility certified by the State of Missouri, to acquire,
test, certify, and transport marijuana.
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 projects manufacturing
facility.
A business whose primary activity is the brewing and selling
of beer, with an annual production of ten thousand (10,000) barrels
or less.
A building or group of buildings containing individual, compartmentalized
and controlled access stalls or lockers for storage.
The replacement of minor assemblies or parts and tune-up
of automobiles, or trucks of less than fifteen thousand (15,000) pounds
gross license weight, but not including body and fender work, painting,
engine overhaul or similar type of work.
A zone which is dependent upon a primary zone and which is
designed to add to the primary zone a specific restriction or liberalization
to meet specific locational needs which if accomplished by an additional
series of primary zones would make the ordinance unnecessarily lengthy
and complicated.
A group of attached or detached living units with individual
toilet facilities designed primarily for transient guests and which
may include restaurants and other similar related services. Not more
than forty percent (40%) of the units in a motor hotel may be occupied
as residential units, provided each such unit must first be approved
by City Code Officials as to adequate life-safety conditions, occupants
per room, off-street parking spaces and other conditions protecting
the occupants and the public.
A building or structure or portion thereof lawfully existing
at the time this Chapter (June 10, 1991) or an amendment thereto becomes
effective, which does not meet the bulk, height, yard, parking, loading
or other requirements of this Chapter or any amendment thereto.
A use which lawfully occupies building or land at the time
this Chapter (June 10, 1991) or an amendment thereto becomes effective
but does not meet the requirements of this Chapter or any amendment
thereto.
An outdoor sign, display, device, figure, painting, drawing,
message, plaque, poster, billboard, or other thing designed, intended
or used to advertise or inform, any part of the advertising or information
contents of which is visible from any point of the traveled ways of
the interstate or primary systems.
A golf course other than a miniature golf course and other
than a golf course defined herein and having greens similar to a golf
course and fairways of not less than fifty (50) yards in length. A
par-3 golf course may not be lighted unless so specified as permitted
in the text of this Chapter.
A zoning classification which can stand alone as a classification
of a parcel of property.
That use of a zoning lot which is among the uses allowed
as a matter or right as the exclusive use of a lot under the zoning
classification.
A dwelling containing one (1) or more lodging rooms that
accommodate one (1) or more persons who are not members of the keeper's
family; provided, however, that the letting of rooms for hire, to
the extent permitted by this Chapter as a home occupation, shall not
in itself cause a dwelling to be a rooming house. In a rooming house,
lodging or meals are provided for compensation on a weekly or monthly
basis. Rooming house includes boardinghouse.
The rental of a property, a dwelling unit, bed and breakfast
facility, or portion thereof for a period of less than thirty (30)
consecutive days, excluding hotels and motels.
A use which is not allowed in a zone as a matter or right,
but which is permitted by the Council based on findings and recommendations
of the Planning and Zoning Commission.
Any area which is less than one-half (1/2) of a City block.
A one-half (1/2) City block shall consist of an area equal to the
size of four (4) "R-2" standard lots or an area of not less than twenty-eight
thousand eight hundred (28,800) square feet (60 ft. x 120 ft. x 4
= 28,800).
That portion of a building included between the upper surface
of a floor and the upper surface of the floor next above, except that
the topmost story shall be that portion of a building included between
the upper surface of the topmost floor and the ceiling or roof above.
If the finished floor level directly above a basement, cellar or crawl
space is more than six (6) feet above grade, as defined herein, for
more than fifty percent (50%) of the total perimeter, or is more than
twelve (12) feet above grade at any point, such basement, cellar or
crawl space shall be considered a story.
The entire width between property lines dedicated or acquired
for the purpose of public use for vehicular traffic or access other
than an alley. Where a way or place exists by virtue or consent agreement
or an established public right, then for the purpose of this Chapter
the way or place shall be considered to be fifty (50) feet in width
falling half on each side of the center line of the traveled way.
Where the dimensions, set out in a consent agreement, exceed fifty
(50) feet, then the larger dimension shall govern.
Any change in the structural members of a building, such
as walls, columns, beams or girders. Vehicles duly licensed for operation
upon public streets or highway shall not be considered structures.
Anything constructed or erected with a fixed location on
the ground or attached to or resting on something having a fixed location
on the ground. Moreover, the following shall always be considered
structures: buildings, walls, fences, signs and billboards.
Persons who are not related within the third degree of consanguinity
or affinity.
The purpose for which land or a building is designed, arranged
or intended or to which said land or building is occupied, maintained
or leased.
A use customarily incident to a principal permitted use or
building and located on the same zoning lot with such principal use
of building.
A use of land or a structure which is excluded from a zone
by the operation of other regulations of the zone, and which is specifically
enumerated as excluded for purposes of clarity of intent and ease
of reference.
A building used primarily for the storage of goods and materials.
Use engaged in storage, wholesale and distribution of manufactured
products, supplies and equipment.
An open space extending the full width of the zoning lot,
between the main building and the front lot line, unoccupied and unobstructed
by buildings or structures in excess of thirty (30) inches in height
except as provided herein, the depth of which shall be measured as
the least distance between the front lot line and the front of such
main building.
An open space extending the full width of the zoning lot,
between the main building and the rear lot line, unoccupied and unobstructed
by buildings or structures in excess of thirty (30) inches in height
except as provided herein, the depth of which shall be measured as
the least distance between the rear lot line and the rear of such
main building.
An open space extending from the front yard to the rear yard,
between the main building and the side lot line, unoccupied and unobstructed
by buildings or structures in excess of thirty (30) inches in height
except as provided herein, the depth of which shall be measured as
the least distance between the side lot line and the side of such
main building.
A single tract of land, located within a single block which
at the time of filing for a building permit or certificate of occupancy
is designated by the owner or developer as a tract to be used, developed
or built upon as a unit, under single or unified ownership or control,
and assigned to the particular use, building or structure for which
the building permit or certificate of occupancy is issued and including
such area of land as may be required by the provisions of this Chapter
for such use, building or structure.
[R.O. 2008 §405.125; Ord. No. 4984 §1, 6-10-1991; Ord. No. 5255 §1, 11-28-1994; Ord. No. 5292 §1, 4-10-1995]
Any person, firm or corporation who violates, disobeys, omits,
neglects or refuses to comply with or resists the enforcement of any
of the provisions of this Title shall be deemed guilty of a ordinance
violation. Each day that the violation is permitted to exist after
notification in writing by the Building Official and the expiration
of time designated in said notice shall constitute a separate offense.
