[Ord. No. 2480, 5-8-2023]
This Chapter, including the Zoning District Map incorporated
by reference as if more fully set out herein, shall be known as, referred
to, and cited as the "Zoning Ordinance" for the City of Plattsburg,
Missouri.
[Ord. No. 2480, 5-8-2023]
The purpose of this Chapter is to promote the comfort, health,
safety, morals, prosperity, and general welfare of the citizens residing
in Plattsburg by dividing such into zones and districts and prescribing
regulations and restrictions on the location and use of buildings
and the use of land within each district or zone.
[Ord. No. 2480, 5-8-2023]
This Chapter is adopted under the authority granted by Section
89.010, RSMo., et seq., and amendments thereto.
[Ord. No. 2480, 5-8-2023]
A.
Where district boundaries on the Zoning Map are indicated as approximately
following the centerline of streets, highways, or railroads, such
boundaries shall be deemed to be located at such midpoints.
B.
Where district boundaries are so indicated that they approximately
follow lot lines or section lines, such lines shall be construed to
be said boundaries.
C.
Where the boundary of a district follows a stream, lake or other
body of water, said boundary line shall be deemed to be at the limit
of the jurisdiction of the City, unless otherwise indicated.
[Ord. No. 2480, 5-8-2023]
A.
It is the general intent of this Chapter to:
1.
Regulate the use of all structures and lands in the community;
2.
Regulate lot coverage, population density and distribution,
and the location, height and size of all structures;
3.
Secure safety from fire, flooding, panic, and other dangers;
4.
Provide adequate light, air, sanitation, and drainage;
5.
Further the appropriate use of land and conservation of natural
resources;
6.
Obtain the wise use, conservation, development, and protection
of the City's water, soil, wet lands, woodland, and wildlife
resources, and attain a balance between land uses and the ability
of the natural resource base to support and sustain such uses;
7.
Stabilize and protect the beauty of the area;
8.
Encourage orderly growth while integrating new urban areas into
the fabric of the community, maintaining a high quality environment,
and promoting fiscal responsibility;
9.
Lessen congestion in and promote the safety and efficiency of
the streets and highways;
10.
Facilitate the adequate provision of public facilities and utilities;
and
11.
Bring about the gradual conformity of uses of land to the comprehensive
plan and to the zoning regulations set forth in this Chapter, and
to minimize the conflicts among uses of land and buildings.
[Ord. No. 2480, 5-8-2023]
A.
The following factors should be considered as factors in finding
a proposed annexation, voluntary and involuntary, reasonable and necessary:
1.
There must be a need for residential, commercial or industrial
sites within the proposed area;
2.
The City is unable to meet its needs without expansion;
3.
Only needs which are reasonably foreseeable and not visionary
should be considered;
4.
Past growth may be relied upon to show future necessity;
5.
In evaluating future needs, the extent to which past growth
has caused the City to spill over into the proposed area should be
considered;
6.
The beneficial effect of uniform application and enforcement
of municipal zoning ordinances in the City and in the annexed area;
7.
The need for or the beneficial effect of uniform application
and enforcement of municipal building codes;
8.
The need for or the beneficial effect of extending police protection
to the annexed area;
9.
The need for or the beneficial effect of uniform application
and enforcement of municipal ordinances or regulations pertaining
to health;
10.
The need for and the ability of the City to extend essential
municipal services into the annexed area;
11.
Enhancement in value by reason of adaptability of the land proposed
to be annexed for prospective City uses; and
12.
Regularity of boundaries.
[Ord. No. 2480, 5-8-2023]
If any Section, clause, provision, or portion of this Chapter
is adjudged unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this Chapter shall not be affected thereby.
[Ord. No. 2480, 5-8-2023]
A.
Public
Provisions. The provisions of this Zoning Ordinance are not intended
to interfere with, abrogate, or annul any other City rule, regulation,
statute, or other provision of law. Where any provision of this Chapter
imposes restrictions different from those imposed by any other statute,
rule, regulations, or other provision of law, whichever provisions
are more restrictive, or impose higher standards, shall control.
B.
Private
Provisions. The provisions for this Zoning Ordinance are not intended
to abrogate any easement, covenant or any other private agreement,
or restriction, provided that, where the provisions of this Zoning
Ordinance are more restrictive or impose higher standards or regulations
than such easement, covenant, or other private agreement or restriction,
the requirements of this Zoning Ordinance shall govern.
[Ord. No. 2480, 5-8-2023]
In their interpretation and application, the provisions of this
Chapter shall be liberally construed in favor of the City and shall
not be construed to be a limitation nor repeal of any other power
granted by the Missouri Statutes.
[Ord. No. 2480, 5-8-2023]
Upon the adoption of this Zoning Ordinance, the Plattsburg Zoning
Ordinance, adopted June 1972, as amended, is hereby repealed.
[Ord. No. 2480, 5-8-2023]
A.
This Zoning Ordinance shall not be construed as abating any action
now pending under, or by virtue of, a prior existing Zoning Ordinance,
or as discontinuing, abating, modifying, or altering any penalty accruing
or to accrue, or as affecting the liability of any person, firm, or
corporation, or as waiving any right of the City under any Section
or provision existing at the time of adoption of this Chapter, or
as vacating or annulling any rights obtained by any person, firm,
or corporation, by lawful action of the City, except as follows:
1.
If the applicable regulations of this Chapter or any amendment
to the Chapter after issuance of a building permit, granting of a
variance or issuance of a special permit make the proposed use under
such building permit, variance or special permit non-conforming as
to the Use and Bulk Regulations, and no substantial construction or
substantial operations for non-building uses have been undertaken
on the structure or foundation, or conducted for the non-building
uses, within one hundred twenty (120) days after the effective date
of the adoption of this Chapter and any amendments thereto, the building
permit, special permit, or variance shall be invalid. If substantial
construction or substantial operations have taken place and are continuing
at the time, the proposed use may be completed.
[Ord. No. 2480, 5-8-2023]
No building or land shall hereafter be used or occupied, and
no building or part thereof shall be erected, moved or altered unless
in conformity with the regulations herein specified for the district
in which it is located, and unless it is on at least one (1) lot,
as herein defined, except in industrial districts. Each lot may be
divided into two building sites by a lot split, provided each portion
can meet all area, lot width, and setback regulations of the zoning
district in which it is located. Each lot of record as herein defined
may also support one (1) principal building so long as it complies
with all applicable zoning regulations. If more than one (1) building
site is desired, the land must be platted pursuant to the City Subdivision
Regulations.[1]
[Ord. No. 2480, 5-8-2023]
In any residential district, where the two (2) adjacent residences
have a front yard which is less or greater than the least front yard
depth prescribed elsewhere in this Chapter, the required depth of
the front yard on such lot may be modified. In such case, the front
yard shall not be less than the average depth of the existing front
yards on the two adjacent lots. However, in no case shall the depth
of the front yard be less than ten (10) feet and need not exceed fifty
(50) feet; and in no case shall the depth of a front yard of a corner
lot be less than twenty-five (25) feet.
