[Ord. No. 29.10 §1, 10-2-1995]
A. 
Purpose. The zoning regulations set forth herein are enacted to implement the land-use portion of the Comprehensive Development Plan for the Village of Theodosia, Missouri, and to promote the health, safety, morals and general welfare of the citizens of the Village of Theodosia. These regulations are intended to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewage, schools, parks and other public requirements.
B. 
Authority. The provisions set forth in these regulations have been prepared in accordance with the authority granted by the legislature of the State of Missouri, as provided by Sections 89.300 to 89.490, RSMo.
C. 
Jurisdiction. The jurisdiction of these regulations shall include all land in the Theodosia corporate limits. These regulations shall also apply to any land added to the corporate area after such land shall have been legally annexed.
D. 
Interpretation. The following provisions apply to the application of this regulation:
1. 
In interpreting and applying this regulation, the provisions contained herein are minimum requirements for the purposes set forth. Although it is not intended that this regulation interfere with or abrogate any easement, covenant, or other agreement, where this regulation imposes more restrictive requirements, requirements of this regulation shall govern.
[Ord. No. 29.10 §2, 10-2-1995; Ord. No. 29.10A §2, 9-10-2007]
A. 
For the purposes of these regulations, certain terms or words used herein shall be interpreted as follows:
1. 
The word "shall" is mandatory, the word "may" is permissive.
2. 
The word "lot" includes the words "plot" or "parcel".
B. 
For the purposes of these regulations, the following terms or words are defined as follows:
ACCESSORY USE
A use which is customarily incidental to the principal use, e.g., a garage for the storage of an automobile by the occupant.
AREA
The amount of land surfaces in a lot, plot or parcel.
AREA REQUIREMENTS
The yard, lot area, lot width, lot coverage and parking requirements as set forth in a specific district.
CUSTOMARY HOME OCCUPATIONS
Occupation(s) or profession(s) of a service character performed within a dwelling, which are clearly incidental to the main use of the premises as a dwelling place and where there is no exterior evidence of such secondary use, and in connection therewith, there is no stock, inventory, equipment or machinery kept or stored upon the premises; there is no commodity sold upon or from the premises; and the home occupation is carried on only by members of the family residing on the premises.
DWELLING UNIT
A structure or portion thereof which provides complete housekeeping facilities for one (1) family.
GROUP HOME
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.
LOT
A tract of land defined by metes, bounds or boundary lines in a recorded deed or on a recorded plat.
LOT OF RECORD
A lot which is part of a subdivision recorded in the office of the County Recorder, or a lot, plot or parcel described by metes and bounds, the description of which had been so recorded before the effective date of these regulations.
MANUFACTURED HOME
Structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. The term includes any structure that meets all of the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under Title 42 of the United States Code.
MODULAR UNIT
A transportable building unit designed to be used by itself or to be incorporated with similar units at a point-of-use into a modular structure to be used for residential, commercial, educational or industrial purposes. This definition shall not apply to structures under six hundred fifty (650) square feet used temporarily and exclusively for construction site office purposes.
MOBILE HOME
A single-family dwelling unit that has the following characteristics:
1. 
Designed for long-term occupancy, to building standards established by the Department of Housing and Urban Development (HUD);
2. 
Designed to be transported after fabrication on its own wheels, with a steel frame chassis and a tongue specifically designed for transportation.
MOBILE HOME PARK
Any plot of ground upon which two (2) or more mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodation. A mobile home space means ground within a mobile home park designed for the accommodation of one (1) mobile home.
NON-CONFORMING
That which does not meet the requirements of the use district in which it is located at the time of the effective date of these regulations.
PARKING SPACE
An on-lot space available for the parking of one (1) motor vehicle and having an area of not less than two hundred (200) square feet, exclusive of space necessary to provide access to a street.
PROPERTY LINE
The line bounding a lot as defined herein.
RESIDENTIAL STRUCTURE
A structure containing one (1) or more dwelling units. A mobile home located in a residential district must meet all requirements for such a structure.
SINGLE-FAMILY ATTACHED DWELLING
A single or group of attached building(s) on one (1) lot, containing separate dwelling units for not more than four (4) families under an arrangement in which individual residents hold full title to their respective units and joint membership in the common grounds. An apartment house shall not be deemed a single-family attached dwelling.
SINGLE-FAMILY DWELLING
An individual structure which provides complete housekeeping facilities for one (l) family. This structure shall have a minimum space of one thousand two hundred (1,200) square feet of heated living space on the first floor living level of the home excluding decks, porches, and garages with the exception of Marina Hill project of eighty (80) proposed vacation homes which may be six hundred ninety-eight (698) square feet. This definition applies to any place in the Code where single-family dwelling is referenced.
[Ord. No. 22-22, 11-8-2022]
STRUCTURE
Anything constructed or erected with a fixed location on the ground, or attached to something with a fixed location on that ground; among other things, structures would include buildings, walks, fences and billboards.
YARD
A horizontal distance from a lot line to a parallel designated line; a yard is an open space extending the full distance of the lot.
[Ord. No. 29.10 §3, 10-2-1995]
A. 
The Village of Theodosia is hereby divided into zoning districts as shown on the official Zoning Districts Map, which together with explanatory information thereon is hereby adopted by reference and declared to be a part of these regulations.
B. 
The official Zoning Districts Map shall be identified by the Chairman of the Board and attested by the Village Clerk, and bear the Seal of the Village of Theodosia under the following words: "This is to certify that this is the official Zoning Map referred to in Ordinance Number 28.181 of the Village of Theodosia", together with the date of adoption of the ordinance.
[Ord. No. 29.10 §4, 10-2-1995]
A. 
The regulations pertaining to each zoning district establish the character of the zoning district, and the regulations shall be applied uniformly within the zoning district.
B. 
The uses permitted or prohibited in each zoning district shall include, but shall not be limited to, those uses enumerated as being permitted or prohibited within the respective zoning district.
C. 
When a use is proposed for a zoning district that is not explicitly permitted or prohibited within the zoning district, the Village Planning Commission shall determine whether said use is compatible (i.e., in character) and if it so finds that it is, authorize said use to be established. The Planning Commission shall decide each application on its merits, taking into consideration such factors as existing uses, access, location, major streets, plans, etc. The Planning Commission may impose conditions under which a use may be permitted in order to insure compatibility. The finding of a use to be compatible in one (1) location does not mean the same use is compatible at another location, even within the same zoning district.
D. 
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 zoning district in which it is located.
E. 
No building or other structure shall hereafter be erected or altered:
1. 
To accommodate or house a greater number of families;
2. 
To occupy a greater percentage of lot area; or
3. 
To have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required; or in any other manner contrary to the provisions of these regulations.
F. 
When uncertainty exists with respect to the boundaries of districts as shown on the official Zoning Map, the following rules shall apply:
1. 
District boundary lines are intended to be along or parallel to the centerline of streets, alleys, easements, other rights-of-way, and creeks, streams or other water channels;
2. 
District boundary lines are intended to be along or parallel to property lines or the lot lines of platted additions;
3. 
In the absence of specific distances, such dimensions shall be determined by the scale of the official map; and
4. 
When the street or property layout existing on the ground is at variance with that shown on the official Zoning Map, the Village Planning Commission shall interpret the district boundaries of this Chapter.