[Ord. No.
395, 11-6-2023]
This Chapter shall be known as the
"Zoning Code for the City of Jonesburg, Missouri."
[Ord. No.
395, 11-6-2023]
For the purpose of promoting health,
safety, morals and the general welfare of the community, the Board
of Aldermen of Jonesburg hereby places regulations and restrictions
upon 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.
[Ord. No.
395, 11-6-2023]
A.
These regulations are adopted for the following
purposes:
1.
To guide the growth of the City of
Jonesburg in accordance with the Comprehensive Plan.
2.
To provide for adequate light, air,
and privacy, to secure safety from fire, and other danger, and to
prevent overcrowding of the land and undue congestion of population.
To protect the character and the social and economic stability of
all parts of the City of Jonesburg and to encourage the orderly and
beneficial development of all parts of the City.
3.
To protect the character and the
social and economic stability of all parts of the City of Jonesburg
and to encourage the orderly and beneficial development of all parts
of the City.
4.
To protect and conserve the value
of land, buildings, and improvements upon the land, and to minimize
the conflicts among the uses of land and buildings.
[Ord. No.
395, 11-6-2023]
A.
The following general rules of construction
shall apply to the regulations of this Chapter:
1.
The particular controls the general.
2.
Text controls caption and illustration.
3.
Present tense includes future tense,
singular includes plural and plural singular, and masculine includes
feminine, except where context requires otherwise.
4.
The whole includes the part unless
context requires otherwise.
5.
"Used for" includes "intended for"
or "designed for."
6.
"Person" includes individual, or
any corporate or unincorporated entity.
7.
The provisions of this Chapter shall
be interpreted to carry out purposes, and in particular to promote
the public health, safety, and welfare, and to eliminate non-conforming
uses.
8.
The word "shall" is always mandatory.
The word "may" is permissive.
9.
The word "building" or "structure"
includes any part thereof, and the word "building" includes the word
"structure."
10.
In the case of contradictions or
overlap between the provisions of this Chapter and any other ordinance
or Statute, the most restrictive or highest standard shall control.
11.
Words and terms not defined herein
shall be interpreted in accord with their normal dictionary meaning
and customary usage.
[Ord. No.
395, 11-6-2023]
For the purpose of this Chapter,
the following terms and words are hereby defined:
A subordinate building or structure having a use customarily
incident to and located on the lot occupied by the main building.
A building housing an accessory use is considered to be structurally
attached to the principal building when it has any part of a wall
in common with the main building or is under an extension of the main
roof and designed as an integral part of the principal building.
A use of land or of a building or a part thereof which is
customarily incidental and subordinate to the principal use of the
land or building and located on the same lot with the principal use,
including a "home occupation."
Any of the establishments, businesses, buildings, structures, or facilities which fit within the definition of adult book or novelty store, adult entertainment facility, bathhouse, massage parlor, modeling studio, and production and distribution of adult films, or digital streaming of sexual activity from local premises, as such uses are defined and regulated in Chapter 620 of the Jonesburg Municipal Code.
Those uses of property for purposes other than the location
of the principal buildings or structures and may include uses for
surface parking, driveways, stormwater detention, landscaped areas,
fencing or uses of similar characteristics which do not involve through
traffic, odoriferous activities, or any other use or activity which
may reasonably be anticipated to interfere with the peaceful enjoyment
of the property of adjoining landowners.
A story having part but not more than one-half (1/2) of its
height below grade. A basement is counted as a story for the purpose
of height regulation if internally subdivided and used for dwelling
purposes other than by a janitor employed on the premises.
Any structure having a roof supported by columns or walls
which is permanently affixed to the land built for the support, shelter,
or enclosure of persons, animals, chattels, or property of any kind,
but not including any vehicle, trailer (with or without wheels), nor
any movable device, such as machinery, equipment, storage pods, or
shipping containers. In addition, a building does not include such
structures as billboards, fences, radio towers or structures with
interior surfaces which are not normally used for other than storage.
The required minimum distance from a road right-of-way or
lot line that establishes the area within which a structure can be
erected or placed, except as may be permitted elsewhere in this Chapter.
The vertical distance from the grade to the highest point
of the coping of a flat roof, or the deck line of a mansard roof,
or to the mean height level between eaves and ridge for gable, hip
and gambrel roof.
A story having more than one-half (1/2) of its height below
grade.
The Code of Ordinances (Municipal Code) of the City of Jonesburg.
The plan for future growth and development of the City adopted
by the Planning and Zoning Commission in compliance with the provisions
of Chapter 89, RSMo., and as may be amended, updated, or replaced
from time to time.
Any business that provides food or other goods and/or services
to persons remaining in their vehicles and/or where the vehicles are
temporarily stopped in a driveway or lane adjacent to a service window
or to a dispensing kiosk. Such uses include, but are not necessarily
limited to, restaurants, coffee shops, liquor stores, convenience
stores, and banks.
Any building or portion thereof which is designed and used
exclusively for residential purposes.
A dwelling unit is a room or group of rooms intended for
use as living quarters by a single family or groups of persons as
a common household or by a single person.
A building having accommodations for and occupied by more
than two (2) families, independently, in separate dwelling units.
A building having accommodations for and occupied exclusively
by one (1) family.
A building having accommodations for and occupied by two
(2) families, independently, in separate dwelling units.
To enlarge is to increase the floor area or size of an existing
building or other structure, or to increase the area to be taken up
by an existing use.
To extend is to enlarge.
One (1) or more persons who are related by blood, marriage,
or adoption, living together, and occupying a single housekeeping
unit with single kitchen facilities, or a group of not more than three
(3) persons living together by joint agreement occupying a single
housekeeping unit with single kitchen facilities, on a non-profit,
cost-sharing basis.
Any private residence listed by the Missouri Division of
Family Services or Department of Mental Health to provide foster care
to one (1) or more but less than seven (7) children who are unrelated
to either foster parent by blood, marriage or adoption. Foster homes,
as defined herein, shall be permitted whenever a single-family dwelling
would otherwise be permitted.
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 of
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.
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.
A residence or building 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. Group care homes, as herein defined, shall be permitted wherever a single-family dwelling would otherwise be permitted in accordance with the provisions of Section 400.155 of this Chapter.
Any lawful occupation performed by a resident within a residential
home or accessory structure, which is clearly incidental and secondary
to the use of the dwelling unit for residential purposes and does
not change the residential character of the residential building or
adversely affect the character of the surrounding neighborhood.
(See "lodging establishment.")
A building occupied by a non-profit corporation or a non-profit
establishment for public use.
Any building, group of buildings, structure, facility, place,
or places of business, licensed by the Missouri Department of Health,
as provided for in Chapter 315, RSMo., where five (5) or more guest
rooms are provided, which is owned, maintained, or operated by any
person and which is kept, used, maintained, advertised, or held out
to the public for hire which can be construed to be a hotel, motel,
motor hotel, resort, cabins, bed and breakfast establishment (multi-room
facility or single-family home), or other similar place by whatever
name called, and includes all such accommodations operated for hire
as lodging establishments for transient guests. Such lodging establishments
shall meet or exceed any or all standards relating to fire safety,
sanitation, electrical wiring, fuel-burning appliances, plumbing,
swimming pools and spas, sewage and waste treatment and disposal as
the Missouri Department of Health may have adopted or may have authority
to adopt, all pursuant to Chapter 315, RSMo. With respect to lodging
establishments, the following additional definitions shall also apply:
Guest Room. Any room or unit where
sleeping accommodations are regularly furnished to the public.
Transient Guest. Any person who rents
and occupies a guest room in a lodging establishment for a period
of less than thirty-one (31) days.
Extended-Stay Lodging Establishment.
Facilities that are built for the specific purpose of providing extended
lodging periods [longer than thirty (30) days but not more than six
(6) months] and whose accommodations are built according to building
codes that allow for the installation of cooking appliances and which
are designed for longer lodging periods.
Short-Term Rentals. Overnight accommodations offered by the property owner for thirty (30) days or less for transient guests within a single-family, two-family, or multi-family housing unit (such as an Airbnb or bed and breakfast facility). Use of any such residential unit for such purposes shall be subject to any applicable lodging or sales taxes and requires a business license to be issued by the City subject to the regulations of Title VI, Chapter 605 of the Jonesburg Municipal Code.
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.
Lot Area. The minimum required area
of a horizontal plane bounded by the vertical planes through front,
rear, and side lot lines, or when expressed as a range shall be interpreted
as a minimum and a maximum.
Lot Depth. The horizontal distance
between the front and rear lot lines measured at right angles to the
front right-of-way lines. Where the front and rear lines are not approximately
parallel, the lot depth shall be the average when measured from at
least three (3) different points along the front lot line, including
the two (2) corners at the front lot line.
Lot Frontage. The portion of the
lot that establishes the relationship between the building, other
site elements, and the public realm or street upon which the lot fronts.
When expressed as a linear dimension: the horizontal distance between
side lot lines, measured at the front lot line. When expressed as
a percentage: the maximum percentage of that frontage width applied
to the entire depth of the frontage area. Where the front lot line
abuts a curved right-of-way, the lot frontage requirement may be applied
at the front building line for purposes of regulating the dimensions
of lots.
The horizontal distance between the
side lot lines, typically measured at the front lot line, but for
irregular lots may be measured at the front building line.
Corner Lots. When applying building,
lot, and frontage standards to corner lots, lots can be arranged in
one (1) of three (3) patterns based on the context of the block and
abutting lots (See Figure 400.050-1 below):
Standard Corner. The building orients
to the front of all other buildings fronting on the same street, and
an expanded street-side setback may apply. Side and rear setbacks
apply to the remaining sides.
Reverse Corner. The building orients
to the end-grain of the block, and the front setback and frontage
design applies to that side, and the street-side setback can be the
greater of: (a) the stated street-side setback for that building type;
or (b) ten (10) feet in front of the forward most point of the front
building line of the abutting lot. Side and rear setbacks apply to
the remaining sides.
|
Figure 400.050-1
 |
Corner Orientation. The building
orients to both streets, with the front setback and frontage design
applying on both street sides. The two (2) remaining sides are treated
as side setbacks and there is no rear setback (See Figure 400.050-2
below).
 |
A lot or parcel of land, the deed of which has been recorded
in the office of the County Recorder of Montgomery County, Missouri.
A factory-built structure that is manufactured or constructed under the authority of 42 U.S.C. 5401 and is to be used as a place for human habitation but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site, which does not have permanently attached to its body or frame any wheels or axles and which meets or exceeds the requirements set forth in Section 400.100 of this Chapter for manufactured homes. For purposes of this Chapter, a mobile home is not a manufactured home.
See Section 400.150 for definition.
A transportable, factory-built home, transportable in one
(1) or more sections, which when erected on-site measures fourteen
(14) feet or more in width and containing at least seven hundred seventy
(770) square feet of living space and designed to be used as a single-family
dwelling, with a permanent foundation, as required in this Chapter,
when connected to the required utilities, and includes the plumbing,
heating, air-conditioning and electrical systems contained therein.
(See "lodging establishment.")
The Municipal Code of the City of Jonesburg as may be amended
from time to time.
The lawful use of land or a building, or a portion thereof,
which use does not conform with the use regulations of the district
in which it is located.
Any institution or facility, whether proprietary or non-profit,
defined as a residential care facility I, residential care facility
II, or skilled nursing facility in Section 198.006, RSMo., including
amendment in 1984, except such institution or facility at which more
than ten percent (10%) of the total persons who can be accommodated
there are suffering from and are regularly treated for mental illness,
alcohol, or other substance abuse.
A lot, together with all buildings and structures thereon.
A vehicular type portable structure without permanent foundation,
which can be towed, hauled, or driven and primarily designed as temporary
living accommodation for recreational, camping, and travel use and
including, but not limited to, travel trailers, truck campers, camping
trailers, and self-propelled motor homes; and the term as used herein
shall also include motorcycles, all-terrain vehicles, and trailers
to include, but not be limited to, boat trailers, motorcycle trailers
and sidecars, and utility trailers, and such other vehicles as may
be registered as a recreational vehicle by the State.
A firm, partnership, joint venture, association, organization
or entity of any kind in which the applicant holds any stock, title,
or other ownership interest of at least twenty percent (20%), or an
individual, firm, partnership, joint venture, association, organization
or entity of any kind, whose affairs the applicant has the legal or
practical ability to direct, either directly or indirectly, whether
by contractual agreement, majority ownership interest, any lessor
ownership interest, familial relationship or in any other manner.
A building where, for compensation, meals, lodging and care
are provided for individuals who are at least sixty (60) years of
age. At least one (1) care provider shall be on duty at all times,
but this individual need not be a registered nurse.
The required minimum distance from a road right-of-way or
lot line that establishes the area within which a structure can be
erected or placed, except as may be permitted elsewhere in this Chapter.
A residence which is integrated with or connected to a personal
workshop or storage space that is generally constructed from seam
metal and provides residential style doors and windows along the primary
frontage.
The triangle area of a corner lot bound by the property lines
and a line connecting the two (2) points on the property lines forty
(40) feet from the intersection of the property lines. (See Figure
400.050-3 below.)
|
Figure 400.050-3
 |
The part of a building included between the surface of one
(1) floor and the surface of the floor next above, or if there is
no floor above, that part of the building which is above the surface
of a floor and the ceiling next above. Story heights shall be at least:
Eight (8) feet.
The first story for residential buildings
should be nine (9) feet.
The first story in non-residential
buildings should be twelve (12) feet.
Any story that has less than four
(4) feet of its height exposed above finished grade on the front elevation,
or which has more than fifty percent (50%) of its perimeter wall area
measured from the finished floor elevation surrounded by finished
grade shall not count as a story for the purpose of measuring building
height.
The space under a sloping roof that has a line of intersection
of the roof and wall face not more than two (2) feet above the floor
level and in which the possible floor area with head room of five
(5) feet or more is greater than forty percent (40%) of the total
floor area of the story directly beneath.
A public way which affords the principal means of access
to abutting property.
Any change except those required by law or ordinance, that
would prolong the life of the supporting members of a building or
structure, such as bearing walls, columns, beams, or girders, not
including openings in bearing walls as permitted by other ordinances.
Anything constructed or erected, the use of which requires
permanent location on the ground or attached to something having a
permanent location on the ground and including, but not limiting,
the generality of the foregoing, advertising signs, billboards, backstops
for tennis courts, and pergolas.
Structures and land used for the treatment of alcohol or
other drug abuse where one (1) or more patients are provided with
care, meals, and lodging. (See Chapter 89.143, RSMo.)
Structures and land used for the treatment of alcohol or
other drug abuse where neither meals nor lodging is provided. (See
Chapter 89.143, RSMo.)
Towers, antennas, monopoles, and related appurtenances and support equipment or structures used for radio, television, and or cellular communication purposes as further defined in Section 400.180 of this Chapter.
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. 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 a rear yard, the least horizontal
distance between the lot line and the building shall be used. Where
lots abut a street, all yards abutting the street shall be measured
from the street right-of-way. (See Figure 400.050-4 below.)
|
Figure 400.050-4
 |
A yard across the full width of the lot extending from the
front line of the main building to the front line of the lot.
A yard between the rear lot line and the rear line of the
main building and the side lot lines.
A yard between the main building and the adjacent side lot
line and extending entirely from a front yard to the rear yard.
The person designated by the Board of Aldermen to administer
and enforce the provisions of this Chapter. The Board of Aldermen
or the Zoning Enforcement Officer may also designate other professional
individuals, firms, or organizations to review and render opinions
on zoning or permit requests, site plans, or data submitted by developers
and/or property owners related to the requirements or provisions of
this Chapter.
The Official Map of the City depicting the boundaries of each zoning district currently in effect as posted in the office of the City Clerk and on the City's website and as may be modified from time to time upon recommendation of the Planning and Zoning Commission followed by action of the Board of Aldermen in accord with the provision of Section 400.280 of this Chapter.
