[R.O. 2009 § 17.12.010; Ord. No. 6220, 4-26-2021]
These districts are intended to promote and preserve urban one-family
residential development. The principal use of land is for single-family
dwellings and related recreational, educational and religious facilities
normally required to provide orderly and attractive residential areas.
The permitted uses, conditional uses and design standards are the
same for each district except as otherwise provided for in this Chapter.
[R.O. 2009 § 17.12.020; Ord. No. 5961 §§I, III, 8-25-2014; Ord. No. 6077, 1-8-2018; Ord. No. 6220, 4-26-2021]
A.
In Districts "R-1" and "R-2," no building or land shall be used and
no building shall hereafter be erected, constructed, reconstructed
or altered, except for one (1) or more of the following uses:
1.
In District "R-1" Single-Family Dwellings, but not Class A manufactured
homes.
2.
In District "R-2" Single-Family Dwellings, including Class A manufactured homes, subject to the provisions and restrictions of Section 405.460, Conditional Uses, of this Chapter.
3.
Accessory buildings, clearly subordinate and incidental to the
main building, such as private garages or storage buildings, any portion
of which is not located in a required front yard or within five (5)
feet from any other lot line and ten (10) feet from any other structure.
4.
Churches and synagogues.
5.
Group homes.
6.
Public buildings and places owned and operated exclusively by
the City, State or Federal Government:
a.
Police and fire stations;
b.
Administrative buildings;
c.
Libraries and museums;
d.
Parks and playgrounds, to include accessory buildings, structures
and fixtures;
e.
Public And Private Schools. Private schools shall be properly licensed by the State of Missouri and shall have a curriculum equivalent to a public school. Additionally, applications for both public and private schools shall be processed through the Planning and Zoning Commission to ensure that the spirit and intent of Chapter 415, Subdivisions, are complied with.
7.
Customary home occupations, subject to the following restrictions:
8.
Agricultural uses, to include farming, truck gardening and nurseries,
not including the erection or construction of a building or structure
to be used for the on-premise storage, processing or sale of agricultural
or agricultural-related products. The intent of this provision being
to provide for the production, but not the storage and/or merchandising
of such products.
[Ord. No. 6077, 1-8-2018; Ord. No. 6220, 4-26-2021]
A.
Purpose. It is necessary and desirable to provide suitable sites
for group homes in residential areas provided that, in furtherance
of the goals of de-institutionalization and dispersal, group homes
are not unduly concentrated in neighborhoods so as to ensure that
mentally or physically disabled persons are afforded the opportunity
to be integrated in the community.
1.
The exterior appearance of the home and property, occupancy
limitation, signage and other standards applicable to single-family
residences shall apply equally to group homes.
2.
In order to achieve the de-institutionalization and dispersal
goals referenced herein, owners and operators of group homes most
register the facility with the Code Enforcement Department on forms
provided for that purpose and certify compliance with all applicable
ordinances of the City. Owners and operators of group homes must also
notify the Code Enforcement Department of any change of use, transfer
or termination of a group home use and revise the facility registration
as appropriate.
[Ord. No. 6077, 1-8-2018; Ord. No. 6220, 4-26-2021]
A.
Purpose.
1.
This Section implements the policy of the City of Sikeston on
requests for reasonable accommodation in its rules, policies and procedures
for persons with disabilities as required by the Fair Housing Act,
as amended, 42 U.S.C. § 3604(f)(3)(B) and Title II of the
Americans with Disabilities Act., 42 U.S.C. § 12132. The
policy of the City of Sikeston is to comply fully with the provisions
of the Fair Housing Act and Title II of the Americans with Disabilities
Act.
2.
Any person with disabilities and eligible under the Fair Housing
Act or Title II of the Americans with Disabilities Act may request
a reasonable accommodation with respect to the various land use or
zoning laws, rules, policies, practices and/or procedures of the City
as provided by the Fair Housing Act and Title II of the Americans
with Disabilities Act pursuant to the procedures set out in this Section.
3.
Nothing in this Section requires persons with disabilities or
operators of group homes for persons with disabilities acting or operating
in accordance with applicable zoning, licensing or land use laws or
practices to seek reasonable accommodation under this Section.
B.
ACTS
ADA
APPLICANT
CODE
DEPARTMENT
DISABLED PERSON
DWELLING
FHA
Definitions. For the purposes of this Section, certain terms and
words are hereby defined as follows:
Collectively, the FHA and the ADA.
Title II of the Americans with Disabilities Act, 42 U.S.C.
§ 12131, et seq., and its implementing regulations. 28 C.F.R.
Part 35.
An individual, group or entity making a request for reasonable
accommodation pursuant to this Section.
The Sikeston City Code.
The Code Enforcement Department of the City of Sikeston.
Any person who is "handicapped" within the meaning of 42
U.S.C. § 3602(h) or a "qualified individual with a disability"
within the meaning of 42 U.S.C. § 12131(2).
A "dwelling" as defined in 42 U.S.C. § 3602(b).
The Fair Housing Act, Title III of the Civil Rights Act of
1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C.
§§ 3601 et seq., as may be amended.
C.
Notice To The Public Of Availability Of Accommodation Process. The
Department shall prominently display its notice in the Department
advising those with disabilities or their representatives that they
may request a reasonable accommodation in accordance with the procedures
established in this Section.
D.
Requesting Reasonable Accommodation. In order to make specific housing
available to one (1) or more individuals with disabilities, a disabled
person or a person acting on his or her behalf at his or their request
(collectively, the "Applicant") may request a reasonable accommodation
relating to the various land use or zoning rules, policies, practices
and/or procedure of the City applicable to such housing.
1.
A request by an applicant for reasonable accommodation relating
to land use or zoning rules, policies, practices and/or procedures
shall be made orally or in writing on a reasonable accommodation request
form provided by the Department. The form shall contain:
a.
The current zoning for the property;
b.
The name, phone number and address of the owner of the fee interest
of the property (if other than the Applicant);
c.
The nature of the disability that requires the reasonable accommodation.
In the event that the specific individuals who are expected to reside
at the property are not known to the Applicant in advance of making
the application, the Applicant shall not be precluded from filing
the application, but shall submit details describing the range of
disabilities that prospective residents are expected to have to qualify
for the housing. The Applicant shall notify the Department in the
event the residents at the location are not within the range described.
The Department shall then determine if an amended application and
subsequent determination of reasonable accommodation is appropriate;
d.
The specific type of accommodation requested by the Applicant.
To the extent practicable, this portion should include information
concerning the impact of the reasonable accommodation on the adjoining
properties and area, the number of people who are expected to be availing
themselves of the reasonable accommodation, the estimated number of
people in an average week who will be necessary to provide services
to the persons(s) with disabilities at the property on an on-going
basis, whether or not this type of reasonable accommodation is required
to obtain a license from any State or County authority to operate,
and any other information the Applicant thinks would assist in determining
the reasonableness of the accommodation;
e.
The Applicant should also note, if known, whether this accommodation
requires any additional licensure from the City (e.g., business license);
and
f.
Whether the accommodation requested may be necessary to afford
one (1) or more disabled persons equal opportunity, to use and enjoy
a specific dwelling.
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The Department will assist the Applicant with furnishing the
Department all information necessary for processing the reasonable
accommodation request, including that information which the Department
deems necessary to complete a reasonable accommodation request form.
Upon the City's receipt of the necessary information to process the
Applicant's request for reasonable accommodation, the Department shall
use the information to complete a reasonable accommodation request
form
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2.
The Department will provide the assistance necessary to an Applicant
in making request for reasonable accommodation. The Department will
provide any reasonable assistance necessary to any Applicant wishing
to appeal a denial of a request for reasonable accommodation to ensure
the process is accessible to the Applicant. The Applicant is entitled
to be represented at all stages of the proceedings identified in this
Section by a person designated by the Applicant.
3.
Should the information provided by the Applicant to the Department
include medical information or records of the Applicant, including
records indicating the medical condition, diagnosis or medical history
of the Applicant, the Applicant may, at the time of submitting such
medical information, request that the Department to the extent allowed
by law, treat such medical information as confidential information
of the Applicant.
4.
The Department shall provide written notice to the Applicant,
and any person designated by the Applicant to represent the Applicant
in the application proceeding, of any request received by the Department
for disclosure of the medical information or documentation which the
Applicant has previously requested be treated as confidential by the
Department. The Department will cooperate with the Applicant, to the
extent allowed by law, in actions initiated by the Applicant to oppose
the disclosure of such medical information or documentation.
E.
Jurisdiction.
1.
Supervisor/Designee. The Supervisor of the Department, or his/her
designee (Supervisor/Designee), shall have the authority to consider
and act on requests for reasonable accommodation. When a request for
reasonable accommodation is filed with the Department, it will be
referred to the Supervisor/Designee for review and consideration.
The Supervisor/Designee shall issue a written determination within
thirty (30) days of the date of receipt of a completed application
and may: (1) grant the accommodation request, or (2) deny the request,
in accordance with Federal law. Any such denial shall be in writing
and shall state the grounds therefor. All written determinations shall
give notice of the right to appeal and the right to request reasonable
accommodation in the appeals process. The notice of determination
shall be sent to the Applicant by certified mail, return receipt requested
and by regular mail.
2.
If reasonably necessary to reach a determination on the request
for reasonable accommodation, the Supervisor/Designee may, prior to
the end of the thirty-day period, request additional information for
the Applicant, specifying in detail what information is required.
The Applicant shall have fifteen (15) days after the date of the request
for additional information to provide the requested information. In
the event a request for additional information is made, the thirty-day
period to issue a written determination shall be stayed. The Supervisor/Designee
shall issue a written determination within thirty (30) days after
receipt of the additional information. If the Applicant fails to provide
the requested additional information within said fifteen-day period,
the Supervisor/Designee shall issue a written determination within
thirty (30) days after expiration of said fifteen-day period.
F.
Findings For Reasonable Accommodation. The following findings, while
not exhaustive of all considerations and findings that may be relevant,
must be made before any action is taken to approve or deny a request
for reasonable accommodation and must be incorporated into the record
relating to such approval or denial:
1.
Whether the accommodation requested may be necessary to afford
one (1) or more persons with disabilities equal opportunity to use
and enjoy a specific dwelling;
2.
Whether the requested accommodation would require a fundamental
alteration to the City's zoning scheme; and
3.
Whether the requested accommodation would impose undue financial
or administrative burdens on the City.
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A request for a reasonable accommodation shall not be denied
for reasons which violate the provisions of the Acts. This Section
does not obligate the City to grant any accommodation request unless
required by the provisions of the Acts or applicable Missouri State
law.
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G.
Appeals.
1.
Within thirty (30) days after the date the Supervisor/Designee mails a written adverse determination under Subsection (E) of this Section, to the Applicant, the Applicant requesting reasonable accommodation may appeal the adverse determination.
2.
All appeals shall contain a statement of the grounds for the
appeal.
3.
If an individual Applicant needs assistance in appealing a determination
the Department will provide reasonable assistance necessary to ensure
that the appeal process is accessible to the Applicant. All Applicants
are entitled to be represented at all stages of the appeal proceeding
by a person designated by the Applicant.
4.
Appeals shall be to the Board of Adjustment who shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than forty-five (45) days after an appeal has been filed. All determinations on appeal shall address and be based upon the findings identified in Subsection (F) of this Section and shall be consistent with the Acts.
5.
An Applicant may request reasonable accommodation in the procedure
by which an appeal will be conducted.
H.
Fee. The City shall not impose any additional fees or costs in connection
with a request for reasonable accommodation under the provisions of
this Section or an appeal of a denial of such request by the Supervisor/Designee.
Nothing in this Section obligates the City to pay an applicant's attorney
fees.
I.
Stay Of Enforcement. While an application for reasonable accommodation
or appeal of a denial of said application is pending before the City,
the City will not enforce the subject zoning ordinance against the
Applicant.
J.
Record-Keeping. The City shall maintain records of all oral and written
requests submitted under the provisions of this Section, and the City's
responses thereto, as required by State law.
[R.O. 2009 § 17.12.030; Ord. No. 5961 §§I, IV 8-25-2014; Ord. No. 6220, 4-26-2021]
A.
The following uses may be permitted in District "R-1" (but not Class A manufactured homes), and District "R-2" after proper permit application for placement or relocation of the manufactured home on an appropriately zoned lot, review and approval pursuant to the provisions of this Section and Article V, Board of Adjustment, of this Chapter.
1.
Family day care homes, provided they are licensed by and operated
according to the rules and regulations established by the Missouri
Department of Health & Senior Services. Additionally, the restrictions
applied to customary home occupations within this Article shall be
complied with except for some concessions in the areas of increased
traffic and outside activity normally associated with day care facilities.
Proximity of other family day care homes will also be considered in
the review process. A five-hundred-foot separation distance may be
used as a guideline.
2.
Buildings and premises for public utility services or public
service corporations, whose buildings or uses the Board deems reasonably
necessary for public convenience or welfare.
3.
Private lakes.
4.
Private stables, subject to all other applicable ordinances.
[R.O. 2009 § 17.12.040; Ord. No. 6220, 4-26-2021]
A.
In District "R-1" and District "R-2," any building, dwelling or portion thereof hereafter erected, constructed, reconstructed or altered shall be subject to the following regulations (for exceptions see Article VIII "Height And Area Exceptions" of this Chapter): Also See Reference Table 450.1, set out as Exhibit A to this Ch. 405.
1.
The minimum lot area in District "R-1" shall not be less than
ten thousand (10,000) square feet; the minimum lot area for District
"R-2" shall not be less than seventy-two hundred (7,200) square feet;
provided, however, that where a lot in either district has less area
than required by this Section and the plat thereof has been duly recorded
as provided by law in the office of the Recorder of Deeds of Scott
or New Madrid County at the time of passage of this regulation, this
regulation shall not prohibit the erection of a one-family dwelling.
2.
The minimum lot width in District "R-1" shall not be less than
ninety (90) feet at the building line; the minimum lot width in District
"R-2" shall not be less than sixty (60) feet at the building line;
except that where a lot in either district has less width than herein
required and in separate ownership at the time of passage of this
Chapter, this regulation will not prohibit the erection of a one-family
residence.
3.
Yards. The following yard area regulations shall apply in this district. Exceptions or special conditions are provided for in Article VIII "Height And Area Exceptions" of this Chapter.
a.
Front Yard. Not less than twenty-five (25) feet to the front
line of the building and not less than fifteen (15) feet to the front
line of an open porch, balcony or paved terrace. Lots having double
frontage shall provide the required front yard on both streets.
b.
Rear Yard. There shall be a rear yard of not less than twenty-five
(25) feet.
c.
Side Yard. There shall be a side yard on each side of every
dwelling having a minimum width of not less than twelve and one-half
percent (12 1/2%) of the width of the lot, except that this minimum
width need not exceed ten (10) feet. In no case will the required
side yard be less than five (5) feet unless approval is granted by
the Board of Adjustment.
[Ord. No. 5961 §§I, V, 8-25-2014; Ord. No. 6220, 4-26-2021]
A.
All manufactured homes located within the City of Sikeston shall
be set upon a permanent foundation properly designed and enclosed
in accordance with the International Building Code.
1.
Manufactured homes shall be attached to a permanent footing,
which manner of placement shall be as stated on the building permit,
and meet all manufacturer's specifications for support.
B.
Manufactured home anchors shall be embedded in the footing or foundation
to HUD, Missouri Public Service Commission and manufacturer's specifications.
C.
Within ninety (90) days of the manufactured home's setup, underpinning
shall be installed in such a way that all areas directly under the
home are enclosed.
1.
Underpinning shall be similar in appearance to materials used
for the siding of the manufactured home to which it is attached.
2.
Said underpinning/foundation shall have permanently installed
venting in accordance with the manufacturer's specifications. Deletions
or omissions of vents are not allowed, and homes will not be approved
for occupancy without appropriate venting.
