[Ord. No. 10-16, 7-13-2010]
A. 
In order to classify, regulate and restrict the locations of trades industries and residences, and the location of buildings designed for specific uses; to regulate and limit the height and use of buildings hereafter erected or structurally altered; to regulate and limit the intensity of use and the lot areas; and to regulate and determine the areas of yards, courts, and other open spaces surrounding such buildings, the City of Bismarck is hereby divided into districts of which there shall be six (6) in number known as:
"A"
Agricultural District
"R-1"
Single-Family Residential District
"R-2"
Multi-Family Residential District
"MH"
Mobile Home Park District
"C-1"
General Commercial District
"l"
Light Industrial District
B. 
The boundaries of these districts are shown upon the "Zoning District Map for the City of Bismarck, Missouri," which accompanies and is made a part of this Chapter. Said map and all the information shown thereon shall have the same force and effect as if all were fully set forth or described herein. The original of the Zoning District Map is properly attested and is on file with the City Clerk of the City of Bismarck, Missouri.
C. 
All territory which may hereafter be annexed to the City of Bismarck shall be classified in the "R-1" Single-Family Residential District until, within a reasonable time after annexation, the annexed territory shall be appropriately classified by ordinance in accordance with Section 405.160 of this Chapter.
D. 
Whenever any street or other public way is vacated by official action of the City of Bismarck, the zoning district adjoining each side of such street or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then, and henceforth, be subject to all appropriate regulations of the extended districts.
E. 
Where uncertainty exists with respect to the boundaries of the various districts shown on the Zoning District Map, the following rules shall apply:
1. 
Where a boundary line is given a position within a street, alley or non-navigable stream, it shall be deemed to be in the center of the street, alley or stream, and if the actual location of such street, alley or stream varies slightly from the location as shown on the Zoning District Map, then the actual location shall control.
2. 
Where a boundary line is shown as being located a specific distance from a street line or other physical feature, this distance shall control.
3. 
Where a boundary line is shown adjoining or coincident with a railroad, it shall be deemed to be in the center of the railroad right-of-way and distances measured from a railroad shall be measured from the center of the designated main line track.
4. 
Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, such boundaries shall be construed to be the lot lines and where the districts are bounded approximately by lot lines, said lot lines shall be construed to be the boundary of such districts, unless said boundaries are otherwise indicated on the map.
5. 
In unsubdivided property, unless otherwise indicated, the district boundary line shall be determined by the use of the scale shown on the Zoning District Map.
F. 
Except As Hereinafter Provided:
1. 
No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building or land be used, except for the purpose permitted in the district in which the building or land is located.
2. 
No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, except in conformity with the height, yard, area parking and other regulations prescribed herein for the district in which the building is located.
3. 
The minimum yards and other open spaces, including lot areas per family required by this Chapter, shall be provided for each and every building or structure hereafter erected, and such minimum yards, open spaces, and lot areas for each and every building or structure, whether existing at the time of passage of this Chapter or hereafter erected, shall not be encroached upon or be considered as a yard or open space requirement for another building or structure.
4. 
Every building hereafter erected, or structurally altered, shall be located on a lot as herein defined, and in no case shall there be more than one (1) main building on one (1) lot unless otherwise provided in this Chapter.
[Ord. No. 10-16, 7-13-2010]
A. 
The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations of the "A" Agricultural District.
1. 
Use Regulations. A building or premises shall be used only for the following purposes:
a. 
Farms, truck gardens, and nurseries, including the sale and distribution of agricultural products and products other than machinery, that are to be used for agricultural purposes; provided, however, that no farm shall be operated either publicly or privately for the feeding or disposal of garbage, rubbish, or offal.
b. 
Single-family dwellings.
c. 
Customary home occupations, provided that a special use permit is granted under Section 405.130.
d. 
Airports, and landing fields having prior approval of the Federal Aviation Administration.
e. 
Publicly owned or operated properties.
f. 
Public parks, public playgrounds and recreational areas operated by membership organizations for the benefit of their members and not for gain.
g. 
Railroad rights-of-way.
h. 
Public schools and institutions of higher education, public libraries, municipal buildings.
i. 
Churches and other places of worship, Sunday school buildings and parish houses.
j. 
Cemeteries, including mausoleums provided that a special use permit is granted under Section 405.130; provided, further, that mausoleums shall be distant at least two hundred (200) feet from every street line and adjoining lot lines and, provided further, that any new cemetery shall contain an area of twenty (20) acres or more.
k. 
Private clubs, except skeet and gun clubs and those the chief activity of which is a service customarily carried on as a business.
l. 
Roadside stands, offering for sale only farm products which are produced upon the premises.
m. 
Riding stables, veterinary hospitals or the keeping of small animals; provided, that any building or enclosure housing animals shall be located at least one hundred (100) feet from all property lines.
n. 
Grain elevators or similar storage structures, including buildings for seasonal or temporary storage of grain.
o. 
Hospitals and institutions of an educational, religious, charitable, or philanthropic nature, provided that a special use permit is granted under Section 405.130; provided further, however, that such buildings shall not be located upon sites containing an area of less than five (5) acres, may occupy not over ten percent (10%) of the total area of the lot, and that the buildings shall be set back from all yard lines a distance of not less than two (2) feet for each foot of building height.
p. 
Accessory building or use customarily incidental to any of the above uses.
q. 
Church bulletin board or a temporary sign not exceeding twenty (20) square feet in area, appertaining only to the lease, hire or sale of a building or premises, or the sale of products grown and sold on the premises; provided, however, that not more than one (1) sign of the above character shall be permitted on any lot or tract.
r. 
Public utilities, including water treatment plants, sewage treatment plants and electrical distribution plants.
2. 
Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 405.120.
3. 
Height And Area Regulations. The height and area regulations set forth in [1] to this Chapter and Section 405.110 shall be observed.
[1]
Editor's Note: Appendix A is included as an attachment to this Chapter.
[Ord. No. 10-16, 7-13-2010]
A. 
The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations in the "R-1" Single-Family Residential District.
1. 
Use Regulations. A building or premises shall be used only for the following purposes.
a. 
Farming.
b. 
Single-family dwellings.
c. 
Two-family dwellings, provided that a special use permit is granted under Section 405.130.
d. 
Attached single-family dwellings, subject to the provisions for site plan review as provided for in Section 405.130.
e. 
Churches.
f. 
Public buildings, parks, playgrounds, and community centers.
g. 
Public schools, elementary and high, and private educational institutions having a curriculum the same as ordinarily given in public schools, and having no rooms regularly used for housing and sleeping rooms.
h. 
Accessory building or use customarily incidental to any of the above uses, including, but not limited to, a storage garage on a lot occupied by a multiple-family dwelling, rooming house or boardinghouse, hospital or institution, private garages, guest houses, swimming pools, home barbecue grills, customary church bulletin boards or identification signs not exceeding thirty (30) square feet in area for permitted public and semi-public uses, and accessory off-street parking and loading spaces.
i. 
Customary home occupations, provided that a special use permit is granted under Section 405.130, provided further that there shall be no external evidence of such occupations except a small announcement or professional sign not exceeding five (5) square feet in area attached to the wall at the entrance to be lighted with only indirect, non-intermittent light.
j. 
Railroad rights-of-way, including a strip of land with tracks and auxiliary facilities for track operations.
k. 
Temporary buildings, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract of subdivision and which shall be removed, upon completion or abandonment of such construction, or upon the expiration of a period of two (2) years from the time of erection of such temporary buildings, whichever is sooner.
l. 
Temporary signs pertaining to the lease, hire or sale of a building or premises on which such sign is located.
m. 
Group homes. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. No group home shall be located closer than five hundred (500) feet to another group home.
2. 
Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 405.120.
3. 
Height And Area Regulations. The height and area regulations set forth in Appendix A[1] to this Chapter and Section 405.110 shall be observed.
[1]
Editor's Note: Appendix A is included as an attachment to this Chapter.
[Ord. No. 10-16, 7-13-2010]
A. 
The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations in the "R-2" General Residential District.
1. 
Use Regulations. A building or premises shall be used only for the following purposes:
a. 
Any "R-1" use provided that a special use permit is granted under Section 405.130.
b. 
Two-family dwellings.
c. 
Multiple-family dwellings.
d. 
Attached single-family dwellings, subject to the provisions for site plan review as provided for in Section 405.130.
e. 
Medical clinic or office, provided that a special use permit is granted under Section 405.130.
f. 
Rooming house, boardinghouse, tourist home when located on an officially designated state highway.
g. 
Religious, educational, eleemosynary institution of a philanthropic nature, but not a penal or mental institution.
h. 
Hospital or sanitarium except a criminal, mental or animal hospital, provided that a special use permit is granted under Section 405.130.
i. 
Nursing, rest, or convalescent home.
j. 
Private club, fraternity, sorority or lodge, except one (1) of which the chief activity is a service customarily carried on as a business.
k. 
Accessory building or use customarily incidental to any of the above uses, including a storage garage on a lot occupied by a multiple-family dwelling, rooming house or boardinghouse, hospital or institution.
l. 
Name plate not exceeding five (5) square feet in area attached to the wall at the entrance to be lighted with only indirect, non-intermittent light.
2. 
Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 405.120.
3. 
Height And Area Regulations. The height and area regulations set forth in Appendix A[1] to this Chapter and Section 405.110 shall be observed.
[1]
Editor's Note: Appendix A is included as an attachment to this Chapter.
[Ord. No. 10-16, 7-13-2010]
A. 
The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the district regulations in the "MH" Mobile Home Park District.
1. 
Use Regulations. Premises shall be used only for the following purposes:
a. 
Mobile homes in approved mobile-home parks providing designated spaces for two (2) or more mobile homes provided that no mobile home older than five (5) years shall be permitted to move into any mobile home park covered by this Chapter.
b. 
Accessory buildings incidental and subordinate to the use of mobile homes. Buildings housing such facilities as laundromats, nurseries, etc., and only when such facilities are intended for the use of persons residing within the district.
c. 
Any "R-1" use, provided that a special use permit is granted under Section 405.130.
d. 
All mobile home parks shall comply with the Mobile Home Park Regulations of the City of Bismarck.
2. 
Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 405.120 of this Chapter and the Mobile Home Park Regulations of the City of Bismarck.
3. 
Height And Area Regulations. The height and area regulations set forth in to this Chapter and Section 405.110, and in the Mobile Home Park Regulations of the City of Bismarck, shall be observed.
[Ord. No. 10-16, 7-13-2010]
A. 
The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations of the "C-1" General Commercial District.
1. 
Use Regulations. A building or premises shall be used only for the following purposes:
a. 
Any use permitted in the "R-1" Single-Family Residential District and "R-2" General Residential District, provided that a special use permit is granted under Section 405.130.
b. 
Automobile parking lots, automobile or trailer display or storage lot and sales room.
c. 
Bowling alleys, dance halls, or skating rinks.
d. 
Dressmaking, tailoring, shoe repairing, repair of household appliances, dry cleaning and pressing, and bakery with sale of bakery products on the premises and other uses of a similar character.
e. 
Farm machinery and equipment sales and repair.
f. 
Funeral homes or mortuaries.
g. 
Hotels and motels.
h. 
Offices and office buildings.
i. 
Commercial garages and automobile repair shops.
j. 
Automobile service and filling stations, provided that storage tanks for these facilities meet the requirements imposed by the State of Missouri.
k. 
Automobile washing, including the use of mechanical conveyors, blowers, and steam cleaning.
l. 
Bicycle and motorcycle repair, sales, and rental.
m. 
Furniture, clothing, retail food, drug, hardware, household appliance, gift and book, sporting goods, photo supply, variety, and similar retail stores.
n. 
Banks, savings and loan, and similar financial institutions.
o. 
Personal service uses, including barber shops, beauty parlors, photographic or artist studios, taxicabs, newspaper or telegraphic service stations, dry-cleaning receiving stations, self-service laundries, and other personal service uses of a similar character.
p. 
Feed and seed stores, florist shops, and greenhouses.
q. 
Restaurants and cafes.
r. 
Theaters, assembly halls, and drive-in restaurants, provided that a special use permit is granted under Section 405.130.
s. 
Building material yards wholly within an enclosed structure and with no millwork done out of doors.
t. 
Bus passenger terminals.
u. 
Tire sales and service.
v. 
Veterinarian or animal hospital, provided that a special use permit is granted under Section 405.130.
w. 
Liquor stores, package goods only.
x. 
General service and repair establishments including dyeing or cleaning works or laundry, plumbing and heating, air conditioning, printing, upholstering, or tinsmithing.
y. 
Any other type of retail store not specifically permitted herein when authorized by the Board of Aldermen after receipt of review and recommendations from the Planning and Zoning Commission.
z. 
Uses customarily incidental to any of the above uses and accessory buildings when located on the same premises.
aa. 
Outdoor advertising structure or non-flashing sign pertaining only to use conducted within the building, and any sign or display in excess of thirty (30) feet in area shall be attached flat against a wall of the building and in no case shall any sign or display project above the roof line.
2. 
Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 405.120.
3. 
Height And Area Regulations. The height and area regulations set forth in to this Chapter and Section 405.110 shall be observed.
[Ord. No. 10-16, 7-13-2010]
A. 
The regulations set forth in this Section, or set forth elsewhere in this Chapter when referred to in this Section, are the regulations in the "I" Industrial District.
1. 
Use Regulations.
a. 
A building or premises shall be used only for the following purposes:
(1) 
Any non-residential use permitted in the "C-1" General Commercial District.
(2) 
Wholesale merchandising or storage warehouses.
(3) 
Storage firms.
(4) 
Ice plants.
(5) 
Dairies.
(6) 
Research and development organizations.
(7) 
Sheet metal, welding, and machine shops.
(8) 
Manufacture or assembly of clothing, shoes, or other wearing apparel.
(9) 
Grain processing.
(10) 
Automobile wrecking, cars and parts, storage and sale, provided that a special use permit is granted under Section 405.130.
(11) 
Junk and salvage yards or recycling centers (metal, paper, rags, waste or glass) storage, treatment and bailing provided that a special use permit is granted under Section 405.130.
(12) 
Central mixing plants for concrete, mortar, plaster or paving materials.
(13) 
Farming and associated agricultural uses, provided that a special use permit is granted under Section 405.130.
(14) 
Any other use not in conflict with the enacted laws of the State of Missouri or the City of Bismarck regulating nuisances, provided that no use emitting or likely to emit substantial amounts of dust, odor, gas, smoke, or noise, and none of the following specific uses, shall be permitted unless approved by the Board of Aldermen, after a review and report of the Planning and Zoning Commission, subject to such requirements as it may deem necessary to protect adjacent property and prevent objectionable or offensive conditions:
(a) 
Acid manufacture.
(b) 
Distillation of bones.
(c) 
Explosive manufacture or storage.
(d) 
Fat rendering.
(e) 
Fertilizer manufacture.
(f) 
Garbage, offal or dead animal reduction or dumping.
(g) 
Glue manufacture.
(h) 
Stockyards or slaughter of animals.
(i) 
Wholesale storage of gasoline.
(j) 
Any similar use that would be hazardous to the public health, safety or welfare.
b. 
In authorizing any of the uses in this Subsection, there may be imposed such reasonable requirements as to landscaping, screening and other features of the development as are deemed necessary to protect adjacent property and prevent objectionable or hazardous conditions.
2. 
Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 405.120.
3. 
Height And Area Regulations. The height and area regulations set forth in this Chapter and Section 405.110 shall be observed.
4. 
Buffer Areas. Where industrial uses abut a residential district, an adequate buffer, or screen shall be provided to visually screen the industrial use from the residential area. The buffer shall consist of a planting screen of suitable shrubbery maintained at a minimum height of eight (8) feet and being a minimum of eight (8) feet wide, or suitable fencing a minimum of eight (8) feet in height.