Chapter 29 ZONING [1]

Transcription

1 Chapter 29 ZONING [1] ARTICLE I. - IN GENERAL ARTICLE II. - ADMINISTRATION AND ENFORCEMENT ARTICLE III. - ZONING DISTRICTS ESTABLISHED; ZONING MAP ARTICLE IV. - DISTRICT REGULATIONS ARTICLE V. - SPECIAL USE EXCEPTIONS ARTICLE VI. - SUPPLEMENTAL REGULATIONS ARTICLE VII. - PLACEMENT OF STOP SIGNS AND OTHER TRAFFIC DEVICES FOOTNOTE(S): --- (1) --- Cross reference Buildings and building regulations, ch. 5; floodplain management, et seq.; planning, ch. 21; signs, ch. 22; subdivisions, ch. 25. (Back) State Law reference Zoning generally, RSMo et seq. (Back) ARTICLE I. IN GENERAL Sec Short title. Sec Rules and definitions. Sec Violations; penalties. Sec Conflicting ordinances repealed. Sec General provisions and regulations to be observed. Sec Interpretation of chapter. Sec Validity. Secs Reserved. Sec Short title. This chapter and the regulations contained in this chapter shall be known and may be cited as the zoning ordinance of the City of Macon, Missouri.

2 (Ord. No. 204-H, 1.000, ) Sec Rules and definitions. In the application and construction of this chapter, the following rules of construction and definitions shall be observed and apply: (1) Rules of construction. Words used in the present tense include the future; words in the singular number include the plural; words in the plural include the singular; the word "building" includes the word "structure"; the words "shall" and "must" are mandatory, and the word "may" is permissive; the phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," "occupied for"; in case of any difference of meaning or implication between the text and any caption or illustration, the text shall control; the particular shall control the general. (2) Definitions. Accessory building or use: A use customarily incidental and subordinate to the principal use or building and located on the same lot or an adjoining lot with such principal use or building. An "accessory use" includes but is not limited to: a. A children's playhouse, garden house, and private greenhouse. b. A civil defense shelter serving not more than two families. c. A garage, shed, or building for domestic storage, except buildings or smaller, mounted on skids. d. Incinerators incidental to residential use. e. Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations. f. Off-street motor vehicle parking areas, and loading and unloading facilities. Alley: A narrow service way providing a secondary public means of access to abutting properties, and not more than 20 feet wide. Alterations: As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another, or by change in use from that of one district classification to another. Alterations, structural: Any change in the supporting members of a building, such as bearing walls, columns, beams or girders. Apartment: A room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit, and which contains complete kitchen, bath and toilet facilities, permanently installed. Apartment house: A building arranged, intended, or designed to be occupied by three or more families living independently of each other. Area, building: The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps. Automobile repair, major: Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; and overall painting of vehicles. Automobile repair, minor: Incidental repairs, replacement of parts, and motor service to automobiles, but not including any operation specified under "automobile repair, major." Basement: A story partly underground but having at least one-half of its height above the average level of the adjoining ground. A basement should be counted as a story for the purposes

3 of height measurement, if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for business or dwelling purposes. Bed and breakfast establishment: An establishment that provides overnight lodging to individuals in their residence along with providing meals to the guests. Block: That property abutting on one side of a street between the two nearest intersecting streets or other natural barriers. Boardinghouse: A building or premises where meals are served for compensation for five or more persons, but not exceeding 12 persons. An establishment where meals are served for compensation for more than 12 persons should be deemed a restaurant. Building: A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels, or property. When separated by party walls, each portion of such building should be considered a separate structure. Building area: The maximum horizontal projected area of a building and its accessory buildings, excluding open steps, terraces and cornices projecting not more than 30 inches. Building, front line of: The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed but does not include steps. Building height: The vertical distance measured from the average elevation of the proposed or existing finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line for mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. Cellar: A story having more than one-half of its height below grade. Commercial rental multiple storage building: A business which has available storage space for rent to individuals and/or businesses within the building. Coverage: That percentage of the plot or lot area covered by the building area. Day care home, day nursery, nursery school, or kindergarten: A house or other place conducted or maintained by a person who advertises or holds himself out as providing care for more than four children who are under the age of 17, during the daytime, for compensation or otherwise, except those operated by a school system or in connection with a business establishment as a convenience for its customers. District: A section of the city for which uniform regulations governing the use, height, area, and intensity of use by buildings and land, and open spaces about buildings, are established in this chapter. Dwelling: A building designed or used exclusively as the living quarters for one or more families. Dwelling, group: A group of two or more one-family, two-family or multiple dwellings occupying a lot in one ownership and having any yard in common. Dwelling, multifamily: A dwelling or group of dwellings on one plot containing separate living units for three or more families, but which may have joint services or facilities or both. Dwelling, one-family: A detached building designed for or occupied exclusively by one family. Dwelling, row: A dwelling, the walls on two sides of which are in common with the walls of adjoining dwellings and which are party or lot line walls. Dwelling, two-family: A building designed for or occupied exclusively by two families living independently of each other. May also be referred to as a duplex.

4 Dwelling unit: A building or portion thereof providing complete housekeeping facilities for one family. Family: One or more persons who live together in one dwelling unit and maintain a common household. A family may consist of a single person or of two or more persons, whether or not related by blood, marriage or adoption, and may also include domestic servants and gratuitous guests. Floor area. a. The sum of the gross horizontal areas of the several floors of the building or buildings, measured from the exterior faces of exterior walls or from the centerline of walls separating two buildings. In particular, the floor area of a building or buildings should include: 1. Basement space. 2. Elevator shafts and stairwells at each floor. 3. Floor space for mechanical equipment, with structural headroom of seven feet, six inches or more. 4. Penthouses. 5. Attic space, whether or not a floor has actually been laid, providing structural headroom of seven feet, six inches or more. 6. Interior balconies and mezzanines. 7. Enclosed porches. 8. Accessory uses, not including space for accessory off-street parking. b. However, the floor area of a building should not include: 1. Cellar space, except that cellar space used for retailing should be included for the purpose of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths. 2. Elevator and stair bulkheads, accessory water tanks and cooling towers. 3. Floor space used for mechanical equipment, with structural headroom of less than seven feet, six inches. 4. Attic space, whether or not a floor has actually been laid, providing structural headroom of less than seven feet, six inches. 5. Uncovered steps. 6. Terraces, breezeways and open spaces. 7. Accessory off-street parking spaces. 8. Accessory off-street loading berths up to 200 percent of the amount required by article VI, division 2. Floor area ratio (FAR): The total floor area of the buildings on that zoning lot divided by the area of such zoning lot. Frontage: All the property abutting on one side of a street or place between two intersecting streets or places (crossing or terminating), or if the street or place is dead-ended, then all of the property abutting on one side between an intersecting street or place and the dead end of the street or place. Garage, community: A group of minor garages, one story in height, arranged in a row or surrounding a common means of access and erected for the use of adjacent property owners having no minor garage on their individual lots.

5 Garage, private: An accessory building, housing not to exceed four motor driven vehicles, the property of and for the use of the occupants of the lot on which the private garage is located. Garage, public: Any garage, other than a private garage, available to the public, operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles. Home occupation: An accessory use customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than one nonilluminated nameplate not more than two square feet in area attached to the dwelling. The office of a physician, surgeon, dentist or other professional person; an instructor of individual musical instruments limited to a single pupil at a time who offers skilled services to clients; dressmaker; milliner; or seamstress should be deemed to be home occupations. Dancing instruction, band instrument instruction in groups, tourist homes, beauty parlors, real estate offices, convalescent homes, mortuary establishments, tattoo parlors, and massage parlors shall not be deemed to be home occupations. Hospital: Unless otherwise specified, the term "hospital" should be deemed to include sanitarium, preventorium, clinic, rest home, nursing home, convalescent home or any other place for the diagnosis, treatment or other care of ailments, and should be deemed to be limited to places for the diagnosis, treatment or other care of human ailments. Hotel: A building in which lodging is provided and offered to the public for compensation and in which ingress and egress to and from rooms is made through an inside lobby or office supervised by a person in charge at all hours, and which is open to transient guests, in contradistinction to a boardinghouse or lodginghouse. Laundromat: A business that provides home type washing, drying and/or ironing machines and/or dry cleaning machines for hire to be used by customers on the premises. Loading space: A space within the main building or on the same lot therewith providing for the standing, loading, or unloading of trucks. Lodginghouse: A building or premises where lodging is provided for compensation for five or more persons, but not exceeding 12 persons. Lot: A parcel, tract or area of land accessible by means of a street or place. It may be a single parcel separately described in a deed or plat which is recorded in the office of the county recorder, or it may include parts of or a combination of such parcels when adjacent to one another and used as one. Lot, corner: A lot at the junction of and having frontage on two or more intersecting streets. Lot coverage: The percentage of the lot area covered by the building area. Lot, depth of: The mean horizontal distance between the front lot line and the rear lot line, measured in the general direction of the side lot lines. Lot, interior: A lot other than a corner lot or through lot. Lot line, front: In the case of an interior lot, a line separating the lot from the street or place; and in the case of a corner lot, a line separating the narrowest frontage of the lot from the street. Lot of record: Any lot for which the plat was recorded at the county recorder's office prior to the first adoption of the zoning ordinances on February 6, Lot, through: A lot having frontage on two parallel or approximately parallel streets and which is not a corner lot. Lot width: The dimension of a lot, measured between side lot lines on the building line. Net site area: That area, in the case of a community unit plan, not occupied by rights-of-way.

6 Nonconforming use: A building or use of land that does not conform to the regulations for the district in which it is situated. Parking lot: Any place, lot, parcel or yard used in whole or in part for the storage or parking of two or more vehicles where such usage is not incidental to or in conjunction with a dwelling, or other usage permissible in dwelling districts and located on the same tract. Parking space: An off-street space available for the parking of one motor vehicle, and having an area of not less than 180 square feet exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct access to a street or alley. Place: An open unoccupied space other than a street or alley, permanently reserved as the principal means of access to abutting property. Residential hotel: A dwelling occupied by permanent guests only and not by transients. It may include restaurants, newsstands and other accessory services primarily for serving its occupants and only incidentally serving the public. Service station: A building, premises or portions thereof which is used or arranged, designed, or intended to be used for the retail sale of gasoline or other motor vehicle, motorboat or aircraft fuels. Stable: Any building, structure or portion thereof which is used in whole or in part for the shelter or care of horses, cattle or other similar animals, either permanently or transiently. Story: That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between any floor and the ceiling next above it. Street: A public or private way which affords the principal means of access to abutting properties. Street grade: The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grades of the street should be taken as the street grade. Structure: Anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground. Use: The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent should not be deemed to include any nonconforming use. Yard: A space on the same lot with a principal building, open, unoccupied, and unobstructed by structures, except as otherwise provided in this chapter. Yard, front: A yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lampposts and similar structures, the depth of which is the least distance between the front lot line and the building line. Yard, rear: A yard extending across the full width of the lot between the rear of the principal building and the rear lot line unoccupied other than by accessory buildings which do not occupy more than 30 percent of the required space, and steps, walks, terraces, driveways, lampposts and similar structures, the depth of which is the least distance between the rear lot line and the rear of such principal building. Yard, side: A yard between the principal building and the side lot line, extending from the front yard, or from the front lot line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally, at 90 degrees with the side lot line, from the nearest part of the principal building. Zoning district map: A map entitled "Macon, Missouri Zoning District Map," dated 1967, and any amendments thereto.

7 (Ord. No. 204-H, 2.000, ; Ord. No. 473-R, 1, ; Ord. No. 498-R, 1, ; Ord. No. 574-S, 1, ; Ord. No. 650-T, 1, ; Ord. No. 665-U, 1, ; Ord. No. 45, 1, ; Ord. No. 136, 1, ; Ord. No , 1, ) Sec Violations; penalties. (a) If any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of this chapter, the city, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use; to restrain, correct, or abate such violation; to prevent the occupancy of such building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about such premises. This chapter shall be enforced by an officer empowered to cause any building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of this chapter. (b) The owner or general agent of a building or premises where a violation of any provision of this chapter has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of a misdemeanor punishable by a fine of not less than $10.00 and not more than $ for each and every day that such violation continues; but if the offense is willful, on conviction thereof, the punishment shall be a fine of not less than $ or more than $ for each and every day that such violation shall continue or by imprisonment for ten days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court. (c) Any such person who having been served with an order to remove any such violation shall fail to comply with such order within ten days after such service or shall continue to violate any provisions of this chapter in the respect named in such order shall also be subject to a civil penalty of $ (Ord. No. 204-H, , ) State Law reference Similar provisions, RSMo Sec Conflicting ordinances repealed. All ordinances or parts of ordinances in conflict with or contrary to the provisions of this chapter are hereby repealed. (Ord. No. 204-H, , ) Sec General provisions and regulations to be observed. Except as may be provided in this chapter, no building or land shall be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the use, height and area regulations and provisions specified for the district in which it is located. (Ord. No. 204-H, 5.000, )

8 Sec Interpretation of chapter. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of public health, morals, safety, and the general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or those imposing the higher standards, shall govern. (Ord. No. 204-H, , ) Sec Validity. If any section, subsection, sentence, clause, or phrase of this chapter should be, for any reason, held to be unconstitutional, or, for any other legal reason, invalid or void, it is intended and ordained that such decision shall not affect the validity of the remaining portions and provisions of this chapter. (Ord. No. 204-H, , ) Secs Reserved. ARTICLE II. ADMINISTRATION AND ENFORCEMENT DIVISION 1. - GENERALLY DIVISION 2. - BOARD OF ADJUSTMENT; APPEALS AND VARIANCES DIVISION 1. GENERALLY Sec Nonconforming uses and buildings. Sec Building permit. Sec Certificate of occupancy. Sec Amendments. Secs Reserved. Sec Nonconforming uses and buildings. (a) The lawful use of a building existing at the time of the effective date of this chapter may be continued, although such use does not conform to the provisions of this chapter. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. (b) Whenever the use of a building may become nonconforming through a change in zoning requirements or district boundaries, such use may be continued and if no structural alterations are made, it may be changed to another nonconforming use of the same or of a more restricted classification. (c) Whenever a nonconforming use of a building or structure, or part thereof, has been discontinued for a period of 12 consecutive months, or for a continuous period of 18 months if the building was originally designed and constructed for a nonresidential use, such use shall not, after being discontinued or

9 abandoned, be reestablished, and the use of the premises thereafter shall be in conformity with the regulations of the district. (d) Where no enclosed building is involved, discontinuance of a nonconforming use for a period of six months shall constitute abandonment. (e) No building or structure designed or intended to be utilized for a nonconforming use shall be constructed or allowed unless construction is already underway at the time of the enactment of this chapter, or of subsequent amendments of this ordinance, and is being diligently prosecuted so that such building or structure will be completed within 18 months from the time of the enactment or subsequent amendment of a new zoning ordinance. (f) Any presently existent building or structure containing a nonconforming use in the district in which it is located, which is damaged or destroyed by fire, wind, or other act of God, may be repaired, restored or reconstructed substantially as such building or structure previously was before such damage or destruction; but provided, that no such existing building or premises devoted to a use not permitted in the district in which such building or premises is located may be repaired, restored, enlarged, extended or reconstructed in such way as to constitute a new or different nonconforming use or building; and provided that such repair, restoration or reconstruction is begun within one year from the date of such damage or destruction, and thereafter diligently prosecuted so as to be completed within 18 months of such damage or destruction. (g) Residence house and garage buildings in all residential use districts, and which were in existence at the time of enactment of this chapter, and which are not now in conformity with the minimum front, side or rear yard requirements in this chapter of the use district in which they are located, may nevertheless be altered, enlarged and/or extended along their present, nonconforming front, side and/or rear yard lines. Provided, however, that the enlargement or extension of such buildings shall not further reduce the dimension of any presently existing, nonconforming front, side or rear yard. And provided, further, that such alteration, enlargement or extension does not substantially prejudice any adjoining owner in the use or value of such adjoining property. (1) It shall be further required that an owner proposing such an alteration, enlargement or extension of a building, as provided for in this section, shall submit with the application for such building permit a certified survey of his property lot or tract, and to document and prove uncontested ownership of such tract, and the conformity with the provisions of this section of his proposed building alteration. (2) It shall be further required that upon every application for a building permit pursuant to this section, the building inspector will notify all owners adjoining the subject property, by certified mail, of the proposed building alteration. (Ord. No. 204-H, , ; Ord. No. 378-M, 3, ) Sec Building permit. (a) No building or structure shall be erected, added to, or structurally altered until a permit has been issued by the building inspector. Except upon a written order of the board of adjustment, no such building permit shall be issued for any building where the construction, addition, or alteration or use thereof would be in violation of any of the provisions of this chapter. (b) There shall be submitted with all applications for building permits two copies of a layout or plot plan drawn to scale showing actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected, and such other information as may be necessary to determine compliance and provide for the enforcement of this chapter. (c) One copy of such layout or plot plan shall be returned when approved by the building inspector, together with such permit, to the applicant.

10 (Ord. No. 204-H, , ) Sec Certificate of occupancy. (a) After completion of a building or structure for which a building permit has been issued and the requirements of all codes and ordinances of the city have been met, a certificate of occupancy shall be issued by the building inspector stating that the building or proposed use thereof complies with the provisions of this chapter. (b) No nonconforming use shall be renewed or changed, without a certificate of occupancy having first been issued by the building inspector. All certificates of occupancy must be applied for coincident with the application for a building permit. The certificate shall be issued within ten days after the erection or alteration shall have been approved as complying with the provisions of this chapter. (Ord. No. 204-H, , ) Sec Amendments. (a) The city council may, from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries of districts, or regulations or restrictions established. Any proposed amendment, supplement, change, modification, or repeal shall first be submitted to the planning commission for its recommendations and report. Letters of notification for the proposed change of zoning shall be issued to all property owners within 185 feet from the district proposed to be changed, altered or modified. If the planning commission makes no report within 60 days, it shall be considered to have made a report approving the proposed amendment, supplement, modification, or change. Upon the filing of the recommendations and report by the planning commission with respect to any proposed amendment, supplement, change, modification, or repeal, the city council shall proceed to hold a public hearing in relation thereto, giving at least 15 days' notice of the time and place of such hearing, which notice shall first be published in a newspaper having a general circulation in the city. (b) In case of an adverse report by the planning commission, or if a project against such proposed amendment, supplement, change, modification, or repeal was presented in writing to the city clerk duly signed and acknowledged by the owners of 30 percent or more, either of the area of the land (exclusive of streets and alleys) included within such proposed amendment, supplement, change, modification, or repeal, or within an area determined by lines drawn parallel to and 185 feet distant from the boundaries of the district proposed to be changed, such amendment, supplement, change, modification, or repeal shall not become effective except by the favorable vote of two-thirds of all the members of the city council. The two-thirds vote requirement shall apply in all cases of special use exception and community unit plan cases. (c) The party proposing or recommending a change in the district regulations or district boundaries shall deposit a fee of $35.00 to the city clerk at the time the application is filed and obtain a receipt therefor which shall be delivered to the city clerk, and an additional fee of $15.00 shall be paid to the city clerk prior to the time the publication of notice of a public hearing is ordered by the city council, and obtain a receipt therefor. All fees received under this chapter shall forthwith be paid over to the credit of the general revenue fund of the city. Under no condition shall such sum or any part thereof be refunded for failure of such change to be adopted by the city council. (Ord. No. 204-H, , ; Ord. No , 1, ) State Law reference Similar provisions, RSMo ,

11 Secs Reserved.