[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 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.
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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.
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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.
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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.
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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.
