[R.O. 2012 § 405.010; Ord. No.
764 Art. I, 3-1-1976]
An ordinance of the City of Portageville, Missouri, regulating
and restricting the height, number of stories and size of buildings
and other structures, the percentage of lot that may be occupied,
the size of yards, courts and other open spaces, the density of population,
the preservation of features of historical significance, and the location
and use of buildings, structures and land for trade, industry, residence
or other purposes; creating districts for said purposes and establishing
the boundaries thereof; adopting maps of said City showing boundaries
and the classification of said districts; defining certain terms used
herein; providing for the method of administration and amendment;
providing for the imposition of penalties for the violation of the
provisions of this Chapter; and providing for the effective date hereof.
[R.O. 2012 § 405.020; Ord. No.
764 Art. II, 3-1-1976]
This Chapter shall be known and may be cited and referred to
as the "Portageville Zoning Ordinance."
[R.O. 2012 § 405.030; Ord. No.
764 Art. III, 3-1-1976]
A.
Whereas, the Board of Aldermen of the City of Portageville, Missouri,
has appointed a City Planning and Zoning Commission of the City of
Portageville to prepare and maintain a sketch plan and regulations
pertinent thereto designed to conserve property values, to secure
adequate light, air and safety from fire and other dangers, to lessen
congestion in streets and highways, and otherwise promote public health,
safety, morals and the general welfare; and
B.
Whereas, the provisions of the sketch plan have been formulated and
approved and the sketch planning program is underway; and
C.
Whereas, subsequent planning will be in conformance with the provisions
of the sketch plan which is designed to achieve a balanced and attractive
City in harmony with present and prospective public needs and which
will serve as the basic frame of reference for all administrative
and regulatory measures relating to the physical development of the
City;
D.
It is hereby ordained by the Board of Aldermen of the City of Portageville,
Missouri, that the Portageville Zoning Ordinance shall contain provisions
as follows.
[R.O. 2012 § 405.040; Ord. No.
764 Art. IV §§ 41 — 42, 3-1-1976]
A.
Unless the context otherwise requires, the following definitions
shall be used in the interpretation and construction of the Chapter.
Words used in the present tense shall include the future; the singular
number shall include the plural and the plural the singular; the word
"building" shall include the word "structure"; the word "used" shall
include "arranged," "designed," "constructed," "altered," "converted,"
"rented," "leased" or "intended to be used"; and the word "shall"
is mandatory and not directory.
B.
ACCESSORY BUILDING OR USE
ALLEY OR LANE
APARTMENT
APARTMENT HOUSE
BASEMENT
BOARD OF ALDERMEN
BOARDING OR LODGING HOUSE
BUILDING
BUILDING LINE
BUILDING, HEIGHT OF
CELLAR
COMMISSION
DAY CARE
DISTRICT
DWELLING
DWELLING UNIT
DWELLING, MULTI-FAMILY
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
FAMILY
FARM
FILLING STATION
FLOOR AREA
FRONTAGE
GARAGE, COMMERCIAL
GARAGE, PRIVATE
GRADE
GROUP HOME
HOME OCCUPATION
HOTEL
HOUSE TRAILER
INSTITUTION
LAUNDROMAT
LODGING HOUSE
LOT
LOT OF RECORD
LOT, CORNER
LOT, DEPTH OF
LOT, DOUBLE-FRONTAGE
MARIJUANA or MARIHUANA
MARIJUANA-INFUSED PRODUCTS
MEDICAL MARIJUANA CULTIVATION FACILITY
MEDICAL MARIJUANA DISPENSARY FACILITY
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
MEDICAL MARIJUANA TESTING FACILITY
MOBILE HOME
a.
b.
c.
MOTOR COURT OR MOTEL
NON-CONFORMING USE
NURSING HOME
PARKING SPACE, OFF-STREET
PREMISES
ROOMING HOUSE
STORY
STORY, FIRST
STORY, HALF
STREET
STRUCTURAL ALTERATION
STRUCTURE
TRAILER (INCLUDING AUTOMOBILE TRAILER AND TRAILER COACH)
TRAILER PARK OR CAMP
USE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING CERTIFICATE
ZONING INSPECTOR
ZONING MAP
Specific Definitions.
A subordinate building or a portion of the main building,
the use of which is incidental to that of the dominant use of the
main building or land. An accessory use is one which is incidental
to the main use of the premises.
A public or private way not more than thirty (30) feet wide
affording only secondary means of access to abutting property.
A room or suite of rooms used as the dwelling of a family,
including bath and culinary accommodations, located in a building
in which there are three (3) or more such rooms or suites.
See "dwelling, multiple."
A story whose floor line is below grade at any entrance or
exit and whose ceiling is not more than five (5) feet above grade
at any such entrance or exit.
The Board of Aldermen of the City of Portageville, Missouri.
A dwelling or part thereof occupied by a single housekeeping
unit where meals and lodging are provided for three (3) or more persons
for compensation by previous arrangement, but not transients.
Any structure designed or built for the support, enclosure,
shelter or protection of persons, animals, chattels or property of
any kind.
The line beyond which no building or part thereof shall project,
except as otherwise provided by this Chapter.
The vertical distance from the average contact ground level
at the front wall of the building to the highest point of the coping
of a flat roof or to the deck line of a mansard roof or to the mean
height level between eaves and ridge for gable, hip or gambrel roofs.
A story having more than one-half (1/2) of its height below
grade. A cellar is not included in computing the number of stories
for the purpose of height measurement.
The Planning and Zoning Commission of the City of Portageville,
Missouri.
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. 1290 § 1, 10-7-2019]
A section or sections of the City of Portageville for which
the zoning regulations governing the use of buildings and premises,
the height of buildings, the size of yards and the intensity of use
are uniform.
Any building or portion thereof designed or used exclusively
as the residence or sleeping place of one (1) or more persons, but
not including a tent, cabin, trailer or trailer coach, boarding or
rooming house, hotel or motel.
One (1) room, or suite of two (2) or more rooms, designed
for or used by one (1) family for living and sleeping purposes and
having only one (1) kitchen or kitchenette.
A building or portion thereof designed for or used by three
(3) or more families or housekeeping units.
A building designed for or used exclusively for residence
purposes by one (1) family or housekeeping unit.
A building designed for or used exclusively by two (2) families
or housekeeping units.
A group of one (1) or more persons occupying a premises and
living as a single housekeeping unit, whether or not related to each
other by birth or marriage, as distinguished from a group occupying
a boarding house, lodging house or hotel as herein defined.
An area which is used for the growing of the usual farm products,
such as vegetables, fruit, trees and grain and their storage on the
area, as well as for the raising thereon of the usual farm poultry
and farm animals, such as horses, cattle, sheep and swine. The term
"farming" includes the operating of such an area for one (1) or more
of the above uses, including dairy farms with the necessary accessory
uses for treating or storing the produce; provided, however, that
the operation of such accessory uses shall be secondary to that of
the normal farming activities and, provided further, that farming
does not include the feeding of collected garbage or offal to swine
or other animals.
Any building or premises used for the sale, at retail, of
motor vehicle fuels, oils or accessories or for servicing or lubricating
motor vehicles or installing or repairing minor parts and accessories,
but not including the repairing or replacement of motors, bodies or
fenders of motor vehicles or painting motor vehicles and excluding
public garages.
The total number of square feet of floor space within the
exterior walls of a building, not including space in cellars or basements;
however, if the cellar of basement is used for business or commercial
purposes, it shall be counted as floor area in computing off-street
parking requirements.
All 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 the
property abutting on one (1) side between an intersecting street and
the dead-end of the street, but not including property more than four
hundred (400) feet distant on either side of a proposed building or
structure.
Any building or premises, except those used as a private
or storage garage, used for equipping, repairing, hiring, selling
or storing motor-driven vehicles. The term "repairing" shall not include
an automotive body repair shop nor the rebuilding, dismantling or
storage of wrecked or junked vehicles.
A detached accessory building or portion of the main building
housing the automobiles of the occupants of the premises.
The average level of the finished surface of the ground adjacent
to the exterior walls of the building, except when any wall approximately
parallels and is not more than five (5) feet from a street line, then
the elevation of the street at the center of the wall adjoining the
street shall be grade.
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.
Any occupation or profession carried on by a member of the
immediate family, residing on the premises, in connection with which
there is used no sign other than a name plate or no display that will
indicate from the exterior that the building is being utilized in
whole or in part for any purpose other than that of a dwelling; there
is no commodity sold upon the premises; no person is employed other
than a member of the immediate family residing on the premises; and
no mechanical equipment is used except such as is permissible for
purely domestic household purposes.
Building in which lodging is provided and offered to the
public for compensation and which is open to transient guests, in
contradistinction to a boarding house or lodging house as herein defined.
See "mobile home."
A building occupied by a non-profit corporation or a non-profit
establishment for public use.
A business that provides home-type washing, drying or ironing
machines for hire to be used by customers on the premises.
A building or place where lodging and boarding is provided
(or which is equipped regularly to provide lodging and boarding by
prearrangement for definite periods) for compensation for three (3)
or more but not exceeding twelve (12) individuals not open to transient
guests, in contradistinction to hotels open to transients.
A parcel of land occupied or intended for occupancy by a
use permitted in this Chapter, including one (1) main building together
with its accessory buildings, open spaces and parking spaces required
by this Chapter and having its principal frontage upon a street.
A lot or parcel of land, the deed of which has been recorded
in the office of the County Recorder of New Madrid County, Missouri,
prior to the adoption of this Chapter.
A lot abutting upon two (2) or more streets at their intersection.
The mean horizontal distance between the front and rear lot
lines.
A lot having a frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
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 plan 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 (0.3%) on a dry-weight basis, or
commodities or products manufactured from industrial hemp.
[Ord. No. 1290 § 1, 10-7-2019]
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. 1290 § 1, 10-7-2019]
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. 1290 § 1, 10-7-2019]
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 Chapter 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. 1290 § 1, 10-7-2019]
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. 1290 § 1, 10-7-2019]
A facility certified by the State of Missouri, to acquire,
test, certify, and transport marijuana.
[Ord. No. 1290 § 1, 10-7-2019]
A single-family dwelling unit that has the following characteristics:
Designed for long-term occupancy containing sleeping accommodations,
flush toilet, tub or shower bath, and kitchen facilities, with plumbing
and electrical connections provided for attachment to outside systems.
Designed to be transported after fabrication on its own wheels,
flat bed, other trailers or detachable wheels.
Arrives at site where it is to be occupied as a dwelling unit
complete with major appliances and furniture and ready for occupancy
except for minor and incidental unpacking and assembly operations,
location on foundation supports, connection to utilities and the like.
A building or group of buildings used primarily for the temporary
residence of motorists or travelers.
Any building or land lawfully occupied by a use at the time
of passage of this Chapter or amendment thereto which does not conform
after the passage of this Chapter or amendment thereto with the use
regulation of the district in which it is situated.
A home for the aged or infirm in which three (3) or more
persons not of the immediate family are received, kept or provided
with food and shelter or care, for compensation; but not including
hospitals, clinics or similar institutions.
An area, enclosed or unenclosed, sufficient in size to store
one (1) automobile, together with a driveway connecting the parking
space with a street, road or alley and permitting ingress and egress
of an automobile.
A lot, together with all buildings and structures thereon.
A dwelling occupied by a resident family or resident occupant
and space made available for three (3) or more rent-paying persons.
That portion of a building, 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 the floor and the ceiling
next above it.
The lowest story or the ground story of any building, the
floor of which is not more than twelve (12) inches below the average
contact ground level at the exterior walls of the building; except
that any basement or cellar used for residence purposes shall be deemed
the first story.
A partial story under a gable, hip or gambrel roof, the wall
plates of which on at least two (2) opposite exterior walls are not
more than four (4) feet above the floor of such story.
A public right-of-way fifty (50) feet or more in width which
provides a public means of access to abutting property or any such
right-of-way more than thirty (30) feet and less than fifty (50) feet
in width, provided it existed prior to the enactment of this Chapter.
The term "street" shall include avenue, drive, circle, court, road,
parkway, boulevard, highway, trafficway, thoroughfare or any other
similar term.
Any change in the structural members of a building, such
as walls, columns, beams or girders.
Anything constructed, the use of which requires permanent
location on the ground or attachment to something having a permanent
location on the ground.
Any vehicle or structure constructed in such a manner as
to permit occupancy thereof as sleeping quarters or the conduct of
any business, trade or occupation or use as a selling or advertising
device or use for storage or conveyance for tools, equipment or machinery
and as designed that it is or may be mounted on wheels and used as
a conveyance on highways and streets propelled or drawn by its own
or other motor power.
Any lot or part thereof or any parcel of land which is used
or offered as a location for two (2) or more trailers used for any
purpose set forth in the definition of "trailer" above.
The purpose for which land or a building or structure is
arranged, designed or intended or for which either land or a building
or structure is, or may be, occupied or maintained.
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided herein. In measuring
a yard for the purpose of determining the width of a side yard, the
depth of a front yard or the depth of the rear yard, the minimum horizontal
distance between the lot line and the main building shall be used.
A yard extending across the front of a lot and being the
minimum horizontal distance between the street or place line and the
main building or any projections thereof other than the projections
of the usual uncovered steps, uncovered balconies or uncovered porch.
On corner lots, the front yard shall be considered as parallel to
the street upon which the lot has its least dimension.
A yard extending across the rear of a lot and being the required
minimum horizontal distance between the rear lot line and the rear
of the main building or any projections thereof other than the projections
of uncovered steps, unenclosed balconies or unenclosed porches. On
all lots, the rear yard shall be in the rear of the front yard.
A yard between the main building and the side line of the
lot and extending from the required front yard to the required rear
yard and being the minimum horizontal distance between a side lot
line and the side of the main building or any projections thereof.
A document issued by the Zoning or Building Inspector authorizing
buildings, structures or uses consistent with the terms of this Chapter
and for the purpose of carrying out and enforcing its provisions.
The Zoning Administrator of the City of Portageville or his/her
authorized representative.
The Zoning Map of the City of Portageville, together with
all amendments subsequently adopted.
