[R.O. 1997 § 400.010; Ord. No. 1021 Art. 1, 2-1-1966]
This Chapter shall be known as the "Kennett Zoning Code."
[R.O. 1997 § 400.020; Ord. No. 1021 Art. 2, 2-1-1966]
The zoning regulations and districts as herein established have been made, in accordance with a comprehensive plan, to promote, in accordance with present and future needs, the safety, morals, order, convenience, prosperity, and general welfare of the citizens of Kennett, Missouri, and to provide for efficiency and economy, in the process of development, for the appropriate and best use of land, for convenience of traffic and circulation of people and goods, for the use and occupancy of buildings, for healthful and convenient distribution of population, for good civic design and arrangement, and for adequate public utilities and facilities by regulating the location and use of buildings, structures, and land for trade, industry, and residence, by regulating and limiting or determining the height and bulk of buildings and structures, the area of yards and other open spaces, and the density of use. They have been made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City of Kennett, Missouri.
[R.O. 1997 § 400.030; Ord. No. 1021 Art. 3, 2-1-1966]
For the purpose of this Chapter, certain terms and words are hereby defined. Words used in the present tense include the future; words in the singular number include the plural and words in the plural number include the singular; the word "building" includes the word "structure"; the word "shall" is mandatory and not directory.
A subordinate building or a portion of the main building, the use of which is clearly incidental to or customarily found in connection with the main building or principal use of the land.
One which is clearly incidental to or customarily found in connection with the principal use of the premises.
A public way which affords only a secondary means of access to property abutting thereon.
A part of a building containing cooking and housekeeping facilities, consisting of a room or suite of rooms intended, designed, and used as a residence by an individual or a single family.
Same as "dwelling, multiple-family."
That portion of a building between the floor and ceiling which is wholly or partly below grade and having more than one-half (1/2) of its height below grade.
The Board of Adjustment of the City of Kennett.
A building other than a hotel where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three (3) or more persons.
The width of that part of a lot not included with the open spaces herein required.
Any structure having a roof supported by columns or walls for the housing or enclosure of persons or property of any kind.
Any building which is not an accessory building.
A building where five (5) or more children under the ages of six (6), other than members of the family occupying such building, are served and taken care of for compensation.
An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one (1) or more physicians or dentists.
Buildings and facilities owned or operated by a corporation, association, person or persons for a social, educational, or recreational purpose, but not primarily for profit which accrues to any individual and not primarily to render a service which is customarily carried on as a business.
The Planning and Zoning Commission of the City of Kennett.
A facility licensed by the Department to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as "clones"), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this Section to a qualifying patient or primary caregiver, as those terms are defined in Section 400.010 of this Article, or to a consumer, anywhere on the licensed property or to any address as directed by the patient, primary caregiver, or consumer and consistent with the limitations of this Chapter and as otherwise allowed by law, to a comprehensive facility, a marijuana testing facility, or a medical facility. Comprehensive dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet, including from a third party. A comprehensive marijuana dispensary facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana, but shall collect all appropriate tangible personal property sales tax for each sale, as set forth in this Article and provided for by general or local law. A comprehensive marijuana dispensary facility's authority to process marijuana shall include the creation of prerolls.
[Ord. No. 3077, 2-21-2023]
A building where regular nursing care is provided for more than two (2) persons not members of the family which resides on the premises.
An open space, which may or may not have direct street access, and around which is arranged a single building or a group of related buildings.
A Missouri Department of Health and Senior Services licensed, regulated, or child-care subsidized facility, where care is provided for children by a child-care provider for any part of the twenty-four-hour day.
[Ord. No. 3037, 6-18-2019]
Any section of the City of Kennett within which the zoning regulations are uniform.
Any building, or portion thereof, designed or used for residential purposes.
A room or group of rooms occupied or intended to be occupied as separate living quarters by a single family.
A building designed for use, or occupied exclusively, by three (3) or more families living independently of each other.
A building designed for use, or occupied exclusively, by one (1) family. Pursuant to Section 89.020, RSMo., the term "single-family dwelling" includes "group home" as defined in this Section.
A building designed for use, or occupied exclusively, by two (2) families living independently of each other.
An individual, or two (2) or more persons related by blood or marriage, or a group of not more than six (6) persons not related by blood or marriage, living together as a single housekeeping group in a dwelling unit.
Any building, structure, or land used for the dispensing, sale, or offering for sale at retail of any automobile fuels, oil, or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories, but not including major repair work such as motor replacement, body and fender repair or spray painting.
Commercial business and industrial buildings or buildings containing mixed uses: The sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings, but not including:
STREET FRONTAGEAll of the property on one (1) side of a street between two (2) intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one (1) side between an intersecting street and the dead-end of the street.
LOT FRONTAGEThe distance from which the front boundary line of the lot and the street line are coincident.
An accessory building, designed or used for the storage of not more than three (3) motor-driven vehicles owned and used by the occupants of the building to which it is accessory. Not more than one (1) of the vehicles may be a commercial vehicle and one (1) of said vehicles shall not be more than two-ton capacity.
A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, or storing motor-driven vehicles.
A building, or portion thereof, designed or used exclusively for storage of motor-driven vehicles and at which motor fuels and oils may be sold without exterior advertising and where motor-driven vehicles are not equipped, repaired, hired, or sold.
For buildings having a wall or walls adjoining one (1) street only, the elevation of the sidewalk at the center of the wall adjoining the street.
For buildings having a wall or walls adjoining more than one (1) street, the average elevation of the sidewalk at the centers of all walls adjoining the streets.
For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.
Any wall parallel to or within ten degrees (10°) of being parallel to, and not more than fifteen (15) feet from a street line, is to be considered as adjoining the street. Sidewalk grades shall be as established by the City Engineer. |
Includes any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as house-parents 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 vertical distance from the grade to:
Any occupation or activity which is clearly incidental and secondary to use of the premises for dwelling purposes and which is carried on wholly within a main building by a member of a family residing on the premises in connection with which there is:
No display or advertising other than a non-illuminated identification sign of not more than nine (9) square feet in area, attached to the building;
No outside storage of materials;
No equipment used which creates offensive noise, vibration, smoke, dust, odors, heat or glare;
No generation of vehicular or pedestrian traffic or of parking demand to a degree which creates substantial traffic problems or hazards; and
No more than two (2) persons outside the resident family are employed.
When, within the above requirements, a "home occupation" includes, but is not limited to, the following: art studio, dressmaking; professional office of a physician, dentist, attorney, engineer, architect, building trade contractor, accountant, real estate or insurance agent, salesman, or other similar occupation; teaching, with musical instruction limited to not more than two (2) pupils at a time. However, a home occupation shall not be interpreted to include restaurants. |
A building or group of buildings used for providing services for the in-patient medical or surgical care of sick or injured humans, and which may include related facilities such as laboratories, out-patient department, training facilities, central service facilities, and staff offices; provided, however, that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operation.
A building in which lodging or boarding and lodging are provided for more than twenty (20) persons, primarily transient 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. As such, it is open to the public in contradistinction to a boardinghouse, a lodging house or an apartment which are herein separately defined. A hotel may include restaurants, taverns, or club rooms, public banquet halls, ballrooms, and meeting rooms.
A space within the main building or on the same lot, providing for the standing, loading, or unloading of trucks, having a minimum dimension of twelve (12) by thirty-five (35) feet and a vertical clearance of at least fourteen (14) feet.
Same as "boardinghouse."
A parcel of land which may include one (1) or more platted lots, occupied or intended for occupancy by a use permitted in this Chapter, including one (1) main building together with its accessory buildings, the yard areas and parking spaces required by this Chapter and having its principal frontage upon a street or upon an officially approved place.
The boundary line of a lot.
The distance between the side lot lines measured at the required front yard line.
The total horizontal area within the lot lines of the lot.
A lot abutting two (2) or more streets at their intersection.
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The distance from the front street line to the rear lot line measured in the mean direction of the side lot lines.
A lot whose side line or lines do not abut upon any street.
A lot having its side lot lines coincident on one or both sides with the rear lot lines of adjacent lots.
An interior lot having frontages on two (2) streets.
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.
[Ord. No. 3037, 6-18-2019]
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 does not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent (3/10 of 1%) on a dry weight basis, or commodities or products manufactured from industrial hemp.
[Ord. No. 3037, 6-18-2019]
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.
[Ord. No. 3037, 6-18-2019]
A facility licensed by the department 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.
[Ord. No. 3037, 6-18-2019]
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 test facility, or to another medical marijuana-infused projects manufacturing facility.
[Ord. No. 3037, 6-18-2019]
A facility certified by the State of Missouri to acquire, test, certify, and transport marijuana.
[Ord. No. 3037, 6-18-2019]
Same as "hotel," except that the building or buildings are designed primarily to serve tourists traveling by automobile and that ingress and egress to rooms need not be through a lobby or office.
Any building or land lawfully occupied by a use at the time of passage of this Chapter (February 1, 1966) or amendment thereto which does not conform after the passage of this Chapter (February 1, 1966) or amendment thereto with the use regulations of the district in which it is located.
An all-weather surfaced area not in a street or alley and having an area of not less than one hundred eighty (180) square feet, exclusive of driveways, permanently reserved for the temporary storage of one (1) automobile and connected with a street or alley by an all-weather surfaced driveway which affords satisfactory ingress and egress for automobiles.
Any place where domesticated birds such as chickens, ducks, geese, or turkeys are hatched or raised for sale or kept for sale of eggs or any place where more than twenty (20) such birds are kept for any purpose.
A lot, together with all buildings and structures thereon.
Same as "boardinghouse."
A sign is any structure or part thereof, or any device attached to, painted on, or represented on a building, fence, or other structure, upon which is displayed or included any letter, work, model, banner, flag, pennant, insignia, decoration, device, or representation used as, or which is in the nature of, an announcement, direction, advertisement, or other attention-directing device. A "sign" shall not include a similar structure or device located within a building except illuminated signs within show windows. A sign includes any billboard, but does not include the flag or pennant, or insignia of any nation or association of nations, or of any state, city, or other political unit, or of any political, charitable, educational, philanthropic, civic, or like campaign, drive, movement, or event.
That area within a line, including the outer extremities of all letters, figures, characters and delineations or within a line, including the outer extremities of the framework or background of the sign, whichever line includes the larger area. The support for the sign background, whether it be columns, a pylon, or a building or part thereof, shall not be included in the sign area.
That portion of a building other than a basement, included between the surface of any floor and the surface of the floor next above it; or, if there be no floor above it, then the space between such floor and the ceiling next above it.
A space under a sloping roof at the top of the building, the floor of which is not more than two (2) feet below the plate, shall be counted as a half-story when not more than sixty percent (60%) of said floor area is used for rooms, baths, or toilets. A half-story containing an independent apartment or living quarters shall be counted as a full story.
A public thoroughfare which affords the principal means of access to abutting property.
A dividing line between a lot, tract, or parcel of land and a contiguous street.
Any change in the supporting members of a building, including, but not limited to, bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
Anything, other than a fence, constructed or erected, which requires location on the ground or attached to something having a location on the ground, including, but not limited to, advertising signs, billboards, and poster boards.
That area of land on which two (2) or more trailers or mobile homes being used for living purposes are parked.
A vehicle used for living or sleeping purposes and standing or designed to stand on wheels or rigid supports.
An open space other than a court, on a lot unoccupied and unobstructed from the ground upward, except as otherwise provided in this Chapter.
A yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projections thereof other than the projections of uncovered steps, uncovered balconies, terraces, or uncovered porches. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.
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A yard extending across the rear of the lot between the side lot lines and measured between the rear lot line and the rear of the main building or any projection other than steps, unenclosed porches or entranceways.
A yard between the main building and the side line of the lot and extending from the front yard to the rear yard and being the minimum horizontal distance between a side lot line and side of the main buildings or any projections thereof.