Editor's Note — This chapter is superseded by ord. no.
99-10 §2 adopted May 18, 1999, which replaced ch. 405 with the
new provisions set out herein. Former ch. 405 derived from ord. no.
573 §§1 — 14, 10-18-1972.
[Ord. No. 99-10 §2, 5-18-1999; Ord. No. 00-33 §1, 12-5-2000; Ord. No. 06-09 §1, 3-7-2006; Ord. No. 07-02 §1, 2-20-2007]
For the purpose of this Chapter, words used in the present tense
include the future, the singular includes the plural and plural singular,
the word "lot" includes the word "plot", the word "used" includes "designated" or "intended to be used", the word "building" includes the word "structure", and the word "shall" is mandatory and not discretionary.
The following terms, unless a contrary meaning is required by
the context is specifically prescribed, shall have the meanings indicated:
A subordinate building located on the same lot with the main
building, or a subordinate use of land, either of which is customarily
incident to the main building or to the principal use of the land.
Where a substantial part of the wall of an accessory building is a
part of the wall of the main building or where an accessory building
is attached to the main building in a substantial manner, as by a
roof, such accessory building shall be counted as part of the main
building.
Living quarters with an accessory building, for the sole
use of persons employed on the premises, having kitchen facilities,
and not rented or otherwise used as a separate dwelling.
A permanent public serviceway which affords only a secondary
means of access to abutting property.
A building or portion thereof used for or containing both
individual guest rooms or suites of rooms and dwelling units designated
for more or less temporary occupancy.
A story partly underground and having at least one-half (½)
of its height above the average level of the adjoining ground.
A family home occupied as a permanent dwelling by the proprietor,
in which lodging and meals are provided for time-limited duration
to not more than four (4) groups of patrons in a twenty-four (24)
hour period.
A structure primarily used as a flat surface upon which advertisements
are pasted, painted, or otherwise affixed.
A building other than a hotel, where lodging with or without
meals for five (5) or more persons is provided for compensation. A
boarding house may also include the dwelling unit occupied by the
owner or operator.
A strip of land separating two (2) zoning districts.
Any structure having a roof supported by columns or walls
for the housing or enclosure of persons, animals or chattels. When
any portion thereof is completely separated from every other person
thereof by a division wall without openings, then each such portion
shall be deemed a separate building.
A building having no party wall in common with another building.
The vertical distance measured from the adjoining curb grade
at a point opposite the center of the principal frontage of the building
to the highest point of ceiling of the top story in the case of a
flat roof; to the deck line of a mansard roof; and to the mean height
level between the eaves and ridge of a gable, hip, or gambrel roof.
Where buildings are set back from the street line, the height of a
building may be measured from the average elevation of the finished
lot grade at the front of the building.
A City appointed inspection official charged with enforcement
of Building Codes and such other ordinances as may be assigned.
A building limit fixed at a specific distance from the front,
rear or side boundaries of a lot beyond which a structure cannot lawfully
extend.
A legally existing building which fails to comply with the
regulations set forth in this Chapter applicable to the district in
which this building is located.
A building having one (1) party wall in common with an adjacent
building.
The line nearest the street and across a lot establishing
the minimum open space to be provided between buildings and specified
structures and street lines.
Anything constructed or erected that is more or less open
on three (3) sides and having a roof, with the purpose of protecting
a vehicle from the weather and providing the occupants with protection
for entering or exiting the vehicle. A carport will be subject to
setback regulations of all existing zoning requirements and is considered
an accessory building.
A story having more than one-half (½) of its height
below the average level of the adjoining ground.
Land used for the burial of the dead and dedicated for cemetery
purposes, including mausoleums when operated in conjunction with and
within the boundary of such cemetery.
A permanent building primarily and regularly used as a place
of religious worship.
[Ord. No. 23-06, 2-28-2023]
The City of Carl Junction, Missouri.
Planning and Zoning Commission.
A person who is at least twenty-one (21) years of age.
[Ord. No. 23-06, 2-28-2023]
The level of the established curb in front of the building
measured at the center of such front. Where no curb has been established,
the Building Inspector shall establish such curb level or its equivalent
for the purpose of this Chapter.
A child care facility, as defined by Section 210.201, RSMo.,
or successor provisions, that is licensed by the State of Missouri.
[Ord. No. 23-06, 2-28-2023]
A child care program conducted in a location other than the
provider's permanent residence, or separate from the provider's living
quarters, where care is provided for children not related to the child
care provider for any part of the twenty-four (24) hour day. The number
of children allowed within a child day care center is to be regulated
by the licensing agency of the State of Missouri.
A child care program where care is given by a person licensed
as a family day care home provider for no more than ten (10) children
not related to the provider for any part of the twenty-four (24) hour
day. The child care program is within the provider's permanent residence.
A child care program where care is given by a person licensed
as a group day care home provider for eleven (11), but not more than
twenty (20), children not related to the child care provider for any
part of the twenty-four (24) hour day. A group day care home shall
be in a location other than the provider's permanent residence or
separate from the provider's living quarters.
The Missouri Department of Natural Resources (MoDNR).
A building or portion thereof, used exclusively for residential
occupancy, including one-family, two-family and multi-family dwellings,
but not including hotels, motels, lodging or boarding houses or tourist
homes.
A detached building used for residential occupancy by one
(1) family.
A detached or semi-detached building used for residential
occupancy by two (2) families living independently of each other.
A building or portion thereof used for occupancy by three
(3) or more families living independently of each other, and doing
their own cooking in said building, including apartments, group houses
and row houses.
A building or portion thereof used by one (1) family for
cooking, living and sleeping purposes.
A grant by the property owner to a person, corporation or
the public of the right to the use of designated land area for specified
purposes.
Primary or grammar, public, parochial or private school,
high school, preparatory school or academy, public or founded or owned
or conducted by or under the sponsorship of a religious or charitable
organization; private preparatory school or academy furnishing courses
of instruction substantially equivalent to the courses offered by
public high schools for preparation of admission to college or universities
which award B.A. or B.S. degrees; junior college, college, or university,
public or founded or conducted by or under the sponsorship of a religious
or charitable organization; or private when not conducted as a commercial
enterprise for the profit of individual owners or stockholders. This
definition shall not be deemed to include trade or business schools
as defined in this Section.
One (1) or more persons occupying a premises and living as
a single housekeeping unit, as distinguished from a group occupying
a boarding or lodging house, hotel, club or fraternity or sorority
house. A family shall be deemed to include servants.
Any building, except one herein defined as a private garage,
used exclusively for parking of self-propelled vehicles, and with
not more than two (2) pumps for the incidental sale of gasoline.
A detached accessory building or portion of a main building,
used for the storage of self-propelled vehicles where the capacity
does not exceed three (3) licensed vehicles, or not more than one
(1) per family housed in the building to which such garage is accessory,
whichever is the greater, and not more than one (1) vehicle stored
in such garage shall be a commercial vehicle. Storage space for not
more than three (3) vehicles may be rented for vehicles of other occupants
of the building to which such garage is an accessory.
Any premises, except those described as a private or parking
garage, used for the storage or care of self-propelled vehicles, or
where any such vehicles are equipped for operation, repaired or kept
for remuneration, hire or sale.
The square foot area of a building within its largest outside
dimensions, exclusive of open porches, breezeways, terraces, garages,
exterior stairways and secondary stairways.
Shall include any home in which eight (8) or fewer unrelated
mentally or physically handicapped persons reside and may include
two (2) additional persons acting as houseparents or guardians who
need not be related to each other or to any of the mentally or physically
handicapped persons residing in the home.
A group of dwellings not more than two (2) rooms deep facing
upon a place as herein defined.
Any use customarily conducted entirely within a dwelling
and carried on by the occupants thereof, which use is clearly incidental
and secondary to the use of the dwelling for dwelling purposes and
does not change the character thereof, and in connection with which
there is no display, no stock-in-trade, no outside storage of equipment,
no commodity sold upon the premises, and not more than two (2) persons
engaged in such occupation.
Includes "sanitarium", "sanitorium" or "clinic", provided such institution is operated by, or treatment
given under direct supervision of a physician licensed to practice
by the State of Missouri.
A building or portion thereof used as the more or less temporary
abiding place of individuals who are lodged with or without meals,
and in which there are more than twelve (12) sleeping rooms usually
occupied singly and in which provision for cooking is made preponderantly
in a central kitchen.
A lot or part thereof used for the storage, keeping or abandonment
of junk, including scrap metal or other vehicles or machinery or parts
thereof.
Any person who shall own, keep or harbor on his/her premises
more than three (3) dogs not including the litters of such dogs under
the age of six (6) months shall be deemed the owner of a kennel. Additionally,
any person who shall own, keep or harbor on his/her premises of more
than three (3) cats not including the litters of such cats under the
age of six (6) months shall be deemed the owner of a kennel.
The following terms shall be used in administering the requirements
of the lighting performance standards:
CANDLEPOWERThe amount of light that will illuminate a surface of one (1) foot distance from a light source to an intensity of one (1) foot-candle. Maximum (peak) candlepower is the largest amount of candlepower emitted by any lamp, light source or luminary.
CUTOFFThe point at which all light rays emitted by a lamp, light source or luminary are completely eliminated (cutoff) at a specific angle above the ground.
CUTOFF ANGLEThe angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source above which no light is emitted.
CUTOFF-TYPE LUMINARYA luminary with elements such as shields, reflectors or refractor panels which direct and cutoff the light at a cutoff angle that is less than ninety degrees (90°).
FOOT-CANDLEA unit of illumination produced on a surface, all points of which are one (1) foot from a uniform point source of one (1) candle.
GLAREThe brightness of a light source, which causes eye discomfort.
MAXIMUM PERMITTED ILLUMINATIONThe maximum illumination measured in foot-candles at the interior setback yard line at ground level.
A parcel of land occupied or to be occupied by one (1) main
building or unit group of buildings, and the accessory buildings or
uses customarily incident thereto, including such open spaces as required
under these regulations, and having its principal frontage upon a
public street or approved place. A lot as used herein may consist
of one (1) or more platted lots, or tract(s), as conveyed, or parts
thereof. In determining lot area and boundary lines, no part thereof
within the limits of the street right-of-way shall be included.
A lot at the junction of and fronting on two (2) or more
intersecting streets both of which are twenty (20) feet or more in
width.
The mean horizontal distance from the front street right-of-way
line to the rear property line.
A lot whose side lines do not abut on any street.
The boundary between a lot and the street right-of-way on
which it fronts.
The lines bounding a lot as defined herein.
A lot which is a part of a subdivision, the map of which
has been recorded in the office of the County Recorder of Deeds.
An interior lot having frontage on two (2) parallel or approximately
parallel streets.
The distance parallel to the front of a building erected
or to be erected, measured between side lot lines at the building
line.
A facility licensed by the State of Missouri to acquire,
cultivate, process, package, store on-site or off-site, transport
to or from, and sell marijuana, marijuana seeds, and marijuana vegetative
cuttings (also known as "clones") to a marijuana dispensary facility,
marijuana testing facility, marijuana cultivation facility, or to
a marijuana testing facility. A marijuana cultivation facility's authority
to process marijuana shall include the production and sale of prerolls,
but shall not include the manufacturing of marijuana-infused products.
[Ord. No. 23-06, 2-28-2023]
A facility licensed by the State of Missouri to acquire,
process, package, store on-site or off-site, sell, transport to or
from, and deliver marijuana, marijuana seeds, marijuana vegetative
cuttings (also known as "clones"), marijuana-infused products, and
drug paraphernalia used to administer marijuana as provided for in
this Section to a qualifying adult consumer.
[Ord. No. 23-06, 2-28-2023]
Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strain commonly understood
within the scientific community to constitute marijuana, as well as
resin extracted from the marijuana plant and marijuana-infused products.
Marijuana does not include industrial hemp, as defined by State of
Missouri Statute, or commodities or products manufactured from industrial
hemp.
[Ord. No. 23-06, 2-28-2023]
Products that are infused, dipped, coated, sprayed, or mixed
with marijuana or an extract thereof, including, but not limited to,
products that are able to be vaporized or smoked, edible products,
ingestible products, topical products, suppositories, and infused
prerolls.
[Ord. No. 23-06, 2-28-2023]
A facility licensed by the State of Missouri to acquire,
process, package, store, manufacture, transport to or from a dispensary
facility, a marijuana testing facility or to another marijuana-infused
production facility.
[Ord. No. 23-06, 2-28-2023]
A permanent building or group of buildings containing rooms
used, rented or hired out for the more or less temporary occupancy
of overnight guests.
An open area, other than a street, used for the temporary
parking of more than four (4) automobiles and available for public
use, whether free, for compensation, or as an accommodation for clients
or customers.
A space on private land, accessible from a street or alley,
not less than nine (9) feet wide and twenty (20) feet long, exclusive
of passageways.
An open, unoccupied space on the same lot with a building
or group of buildings and bounded on three (3) or more sides by such
building or buildings.
A paved right-of-way within a planned residential development
or a manufactured home park that affords the principal means of vehicular
access to property abutting thereon, which right-of-way is owned,
controlled, maintained and posted as a private drive by persons other
than the public.
The office of a person engaged in any occupation, vocation
or calling, not purely commercial, mechanical or agricultural in which
a professed knowledge or skill in some department of science or learning
is used by its practical application to the affairs of others, either
advising or guiding them in serving their interest or welfare through
the practice of an act founded thereon.
A building wherein food is prepared and served in ready to
eat form to the public for human consumption. The term restaurant
shall include cafe, cafeteria, grill, pizza or chili parlor, diner,
snack shop, hamburger shop and steak house.
Land dedicated to a person, corporation or the public for
a right of passage or use for specified purposes.
The line generally parallel to the front, side, or rear lot
line establishing the minimum space to be provided as the front, side,
or rear yard.
The wall of a dwelling closest to the side property line.
Any advertisement, announcement, direction or communication
produced in whole or in part by the construction, erection, affixing
or placing of a structure on any land or on any other structure, or
produced by painting on or posting or placing any printed, lettered,
pictured, figured or colored material on any building, structure or
surface. Signs placed or erected by governmental agencies or non-profit
civic associations for a public purpose in the public interest shall
not be included herein, nor shall this include signs which are a part
of the architectural design of a building.
A plan or plat submitted showing uses and structures proposed
for a parcel of land as required by these regulations for single-family,
two-family, multi-family, commercial and industrial proposals.
A stable with capacity for not more than two (2) horses,
provided however, that the capacity of a private stable may be increased
if the premises whereon such stable is located contains an area of
not less than two thousand five hundred (2,500) square feet for each
horse accommodated.
A stable with a capacity for more than two (2) horses.
A public works document for the City of Carl Junction.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, then the space between such floor and the ceiling
next above it.
A paved roadway that affords principal means of access to
abutting property. Streets can be classified based on their function
as follows:
HIGHWAYSA street or road of great continuity with either a single roadway or a dual roadway, which serves or is intended to serve major traffic flow. A roadway that is designated in the Major Street Plan or is otherwise designated as a limited access highway or freeway, highway, boulevard, parkway or other equivalent term to identify those streets compromising the basic street system.
STREET, COLLECTORA street which carries or is proposed to carry intermediate volumes of traffic from minor streets to thoroughfares, and which may or may not be continued.
STREET, MINORA street of limited continuity used primarily for access to abutting properties, providing for minimum speeds and traffic volumes. This includes cul-de-sacs.
THOROUGHFARESA street or road of considerable continuity which serves or is intended to serve principal traffic flow between separated areas or districts and which is the main means of access to the residential street or roadway system.
Any change in either the supporting members of a building,
such as bearing walls, columns, beams or girders, interior/exterior
plumbing or electrical systems, and exterior walls.
Anything constructed or erected, the use of which requires
more or less permanent location on the ground or attached to something
having a permanent location on the ground.
The square foot area of a building, including accessory buildings,
measured from outside wall surfaces and including garages, porches,
utility rooms, stairways, recreation rooms, storage rooms, but excluding
unroofed balconies and patios.
A building in which more than one (1) but not more than five
(5) guest rooms are used to provide or offer overnight accommodations
for transient guests for compensation.
Secretarial school or college, or business school or college,
when not public and not owned or conducted by or under the sponsorship
of a religious or charitable organization; school conducted as commercial
enterprise for teaching industrial skills in which machinery is employed
as a means of instruction. This definition shall not be deemed to
include educational institutions as defined in this Section.
Land within the City limits that has not been platted or
developed.
An existing use of land or building which was legal prior
to the effective date hereof, but which fails to comply with the regulations
set forth in this Chapter applicable to the district in which such
use is located.
A variation from a specific requirements in the ordinance,
as applied to a specific piece of property, as distinct from rezoning.
A space on the same lot with a main building, open, unoccupied
and unobstructed by buildings or structures from the ground to the
sky, except as otherwise provided in this Chapter.
A yard extending across the full width of the lot, the depth
of which shall be the least distance between the front lot line and
the nearest point of the main building or of any open, unenclosed
porch or paved terrace.
A yard extending across the full width of the lot between
the rearmost main building and the rear lot line, the depth of which
shall be the least distance between the rear lot line and the rear
of such main building.
A yard between the main building and the side lot line, extending
from the front yard, or front lot line where no front yard is required,
to the rear yard, the width of which shall be the least distance between
the side lot line and the nearest point of the main building.
[Ord. No. 99-10 §2, 5-18-1999; Ord. No. 06-09 §2, 3-7-2006]
A.
In
order to regulate and restrict the location of buildings and other
structures and of premises to be used for trade, industry, residence
or other specific uses; to regulate and limit the height and bulk
of buildings and other structures hereafter erected or altered; and
to regulate and determine setback building lines and the area of yards
and other spaces, the City of Carl Junction is hereby divided into
districts of which there shall be four (4) known as:
B.
The
City of Carl Junction is hereby divided into the districts aforesaid.
The boundaries of such districts are shown upon the map on file in
the office of the City Clerk and made a part of this Chapter, being
designated as the "Zoning District Map", and said
map and all the notations, references and other information shown
thereon shall be as much a part of this Chapter as if the matters
and information set forth by said map were all fully described herein.
C.
Except
as herein provided:
1.
No building shall be erected, converted, reconstructed or structurally
altered nor shall any building or land be used for any purpose other
than is permitted in the district in which such building or land is
located.
2.
No building shall be erected, converted, reconstructed or structurally
altered to exceed the height or bulk limit herein established for
the district in which such building is located.
3.
No building shall be erected, converted, reconstructed or structurally
altered so as to intrude upon the area required for the front, side
and rear yards as herein established; provided further that no yard
or open space on adjoining property shall be considered as providing
a yard or open space for a lot wherever a building is to be erected.
4.
No lot area shall be so reduced or diminished that the yards or other
open spaces shall be smaller than prescribed by this Chapter, nor
shall the density of population be increased in any manner except
in conformity with the area regulations as hereinafter provided.
5.
Every building hereafter erected shall be located on a lot as herein
defined, and in no case shall there be more than one (1) building
on one (1) lot except as hereinafter provided.
6.
When construction occurs on a lot or parcel which is adjacent to
a residential district which has a zoning classification of a lesser
density, the owner of the lot or parcel with the higher density residential,
commercial or industrial use will be required to construct and maintain
an opaque buffer between the lots or parcel to screen the new construction
from view. The buffer may be:
a.
A fence of stockade or shadowbox construction, no less than eight
(8) feet in height. All posts and supports on a stockade fence must
face to the interior of the lot or parcel considered the higher density.
b.
An evergreen vegetative screen which, at time of planting, must provide
a six (6) foot screen from the adjacent property.
c.
A combination of a six (6) foot fence of stockade or shadowbox construction
and evergreen vegetative buffer providing the proper screening.
[Ord. No. 99-10 §2, 5-18-1999]
A.
Required Off-Street Parking. The following off-street parking
spaces shall be provided and satisfactorily maintained by the owner
of the property for each building which is hereafter erected, enlarged
or altered for use in any district for any of the following purposes:
1.
Class 1. Residential units.
a.
For each dwelling unit there shall be one (1) permanently maintained
parking space on the same lot or parcel.
b.
For any hotel, apartment hotel or similar use or establishment there
shall be provided at least one (1) parking space for each three (3)
guest sleeping accommodations.
c.
For any motel, tourist home or similar use or establishment there
shall be provided one (1) parking space on the same parcel of land
for each individual sleeping or living unit in addition to such unit.
2.
Class 2. Hospitals. For any hospital, sanitarium,
convalescent home or other similar use or establishment there shall
be provided not less than one (1) parking space for each five (5)
beds, or any portion thereof.
3.
Class 3. Assembly and entertainment places.
a.
For any general auditorium, gymnasium, church, stadium, theater or
other similar place of assembly there shall be provided at least one
(1) parking space for each five (5) seats provided for its patrons,
based on the maximum seating capacity.
b.
For any meeting, exhibition or entertainment hall; labor temple;
lodge hall; or assembly hall without fixed seats there shall be provided
one (1) parking space for each two hundred fifty (250) square feet
of gross floor area.
c.
For any bowling alley there shall be provided four (4) parking spaces
for each bowling lane thereof.
4.
Class 4. Offices. For any bank, clinic, funeral
home, business or professional office, welfare institution or any
similar use or establishment there shall be provided not less than
one (1) parking space for each four hundred (400) square feet of gross
floor area or part thereof for the first (1st) four thousand (4,000)
square feet of building. Any building which has a gross floor area
greater than four thousand (4,000) square feet shall first provide
ten (10) parking spaces for the first (1st) four thousand (4,000)
square feet and then provide one (1) parking space for each additional
five hundred (500) square feet of gross floor area.
5.
Class 5. Food serving places. For any eating or
drinking establishment or any similar use there shall be provided
not less than one (1) parking space for each two hundred fifty (250)
square feet of gross floor area thereof.
6.
Class 6. Retail sales use.
a.
For any retail store, except a food market, there shall be provided
not less than one (1) parking space for each six hundred (600) square
feet of gross floor area thereof for the first (1st) eighteen thousand
(18,000) square feet or part thereof; any building in excess of eighteen
thousand (18,000) square feet shall comply with the requirement up
to eighteen thousand (18,000) square feet and then provide one (1)
parking space for each additional one thousand (1,000) square feet
of gross floor or part thereof.
b.
For any food market establishment or any similar use with a gross
floor area of less than seven thousand five hundred (7,500) square
feet there shall be provided not less than one (1) parking space for
each two hundred fifty (250) square feet of gross floor area thereof.
Each establishment having a gross floor area in excess of seven thousand
five hundred (7,500) square feet shall comply with the requirement
up to seven thousand five hundred (7,500) square feet and then shall
provide one (1) parking space for each additional one hundred (100)
square feet of gross floor area thereof.
7.
Class 7. Laundromats. For any laundromat, launderette,
washerette, washateria or any similar use or establishment under a
different name there shall be provided one (1) parking space for each
two hundred fifty (250) square feet of gross floor area thereof.
8.
Class 8. Automotive services.
a.
For any gasoline, oil or lubricating service station; motor vehicle
service and repair establishment; or any similar use there shall be
provided not less than one (1) parking space for each one thousand
(1,000) square feet of gross plot-plan area thereof.
b.
For any automobile washing or cleaning establishment or any similar
use there shall be provided not less than one (1) parking space at
the location of ingress and egress for each one hundred (100) square
feet of gross floor area thereof and in no case less than six (6)
spaces.
9.
Class 9. Production, processing and storage uses. For any manufacturing, processing, wholesaling or any other use
or establishment, including any printing or engraving establishment
or any warehouse or storage building, there shall be provided two
(2) parking spaces plus one (1) parking space for each eight hundred
(800) square feet of floor area above two thousand (2,000) square
feet.
B.
Unlisted And Mixed Uses. In case of any use not listed herein,
the number of parking spaces required for such use shall be the same
as for a similar use which is listed. In the case of mixed uses in
the same building or structure, the total requirement for off-street
parking facilities shall be the sum of the requirements of the various
uses computed separately from the items set out in this Section, and
off-street parking facilities shall be the sum of the requirements
of the various uses computed separately from the items set out in
this Section, and off-street parking facilities for one (1) use shall
not be considered as providing required parking facilities for any
other use except as hereinafter specified for collective use.
C.
Collective Parking Facilities. Nothing in this Section shall
be construed to prevent collective provision of any off-street parking
facility for two (2) or more buildings or uses, providing however,
that the total number of off-street parking spaces shall not be less
than the sum of requirements for the various individual uses computed
separately in accordance with the items set out in this Section.
D.
General. All parking spaces provided pursuant to this Section
shall be on the same lot with the building or within three hundred
(300) feet thereof.
E.
Off-Street Loading. On the same premises with every building,
structure or part thereof hereafter erected, established or enlarged
or occupied in such a way as to involve the receipt or distribution
by vehicles of materials or merchandise in any district, there shall
be provided and maintained adequate space for standing, loading and
unloading in order to avoid undue interference with public use of
the street or alley. Such space, unless otherwise adequately provided
for, shall include a twelve (12) foot by thirty-five (35) foot loading
space with fourteen (14) foot height clearance for every twenty thousand
(20,000) square feet or fraction thereof in excess of three thousand
(3,000) square feet of floor and land area used for the above mentioned
purposes.
F.
Remodeling Or Construction. Nothing herein contained shall
be construed to apply to the remodeling or construction for the same
use of an existing structure.
G.
Parking Areas. Every parcel of land which, after the effective
date of this Section, is changed to a parking area; automobile, motor
vehicle or trailer sales or storage area; or automobile or motor vehicle
service station or garage shall be developed as follows:
1.
Such area, where subject to wheeled traffic, shall be paved with
bituminous, concrete or other all-weather surfacing and shall have
appropriate bumper guards where needed.
2.
Where such area adjoins a lot in a residential zone a solid wall,
compact evergreen screen or uniformly painted board fence having a
height of not less than four (4) feet shall be erected and maintained
between such area and the property in residential zones.
3.
Any light used to illuminate said parking area shall be so arranged
so as to reflect the light away from the adjoining premises in a residential
zone.
H.
Permanency Of Spaces Provided. Any off-street parking or
loading space established prior to the effective date of this Chapter
and which is used or intended to be used in connection with any main
building, structure or use, or any spaces designed and intended to
comply with the requirements of this Chapter for any such main building
or structure erected after such effective date shall hereafter be
maintained so long as said building or structure remains, unless the
owner provides and maintains in another location an equivalent number
of required spaces in conformance with the provisions of this Chapter.
[Ord. No. 99-10 §2, 5-18-1999; Ord. No. 00-33 §2, 12-5-2000; Ord. No. 06-09 §3, 3-7-2006; Ord. No. 11-32 §1, 12-6-2011]
A.
"R-1" Single-Family District. In the "R-1" Single-Family
Residential District, no building, structure or land shall be used
and no building or structure shall be hereafter erected, converted
or structurally altered, unless otherwise provided for in this Chapter,
except for one (1) or more of the following uses:
1.
Single-family.
2.
Churches.
3.
Public schools, elementary, high and other educational institutions
which curriculum are equivalent to a public elementary school or public
high school.
4.
Museums, libraries, parks, playgrounds or community centers owned
and operated by a public agency.
5.
Golf courses.
6.
Group homes, provided that the exterior appearance of the home and
property be in reasonable conformance with the general neighborhood
standards. Provided further that no group home shall be located within
two thousand five hundred (2,500) feet of any other group home.
7.
Crop farming and truck gardening, but not including livestock or
other farming activities.
8.
Accessory buildings, including detached garages, private stables, permanent storage buildings, servant quarters occupied only by servants employed on the premises, or other subordinate structures shall be erected (subject to Section 405.080 Height and Area Exceptions) and maintained only as accessories to the dwelling situated on the same lot or grounds and shall not involve the conduct of a business nor contain kitchen facilities.
9.
Uses customarily incident to any of the above uses and including minor and major home occupations as set forth in Sections 610.230 through 610.270 of this Code.
Permitted minor home occupations include, but are not necessarily
limited to, the following: artists and sculptors; authors and composers;
home crafts for sale off-site; office facility of minister, rabbi
or priest; office facility of a salesperson, sales representative
or manufacturer's representative provided that no transactions are
made in person on the premises; professional office facilities; individual
tutoring; preserving and home cooking for sale off-site; individual
instrument instruction provided that no instrument may be amplified;
telephone solicitation work; family daycare home not involving more
than three (3) children; and computer and bookkeeping services and
transcribing services.
Permitted major home occupations shall include but are not necessarily
limited to the following: any use allowed as a minor home occupation;
single-chair beauty parlors and barber shops; photo developing; organized
classes with up to six (6) students at one time; television and other
electrical repairs excluding major appliances such as refrigerators,
or storage; small engine repairs, excluding major automobiles, motorcycles
and snowmobiles; upholstering; dressmaking; woodworking excluding
cabinet making; and daycare facilities caring for more than three
(3) children.
Any of the above uses may be conducted in the main building
provided such use shall not occupy a floor area greater than one-half
(½) the floor area of the first (1st) story of the building.
There shall be no commercial display visible from the street and no
signs present on the property except one (1) wall sign not to exceed
one (1) square foot indicating the address and the occupant's name.
10.
Hospitals and clinics, excepting veterinary hospitals and clinics.
11.
Utility uses.
B.
"R-2" Two-Family Residential District. In the "R-2" Two-Family
Residential District, no building or land shall be used and no building
shall be hereafter erected, converted or structurally altered, unless
otherwise provided for in this Chapter, except for one (1) or more
of the following uses:
C.
"R-3" Multi-Family Residential District. In the "R-3" Multi-Family
Residential District, no building or land shall be used and no building
shall be hereafter erected, converted or structurally altered, unless
otherwise provided for in this Chapter, except for one (1) or more
of the following uses:
D.
"R-4" Planned Unit Development District. This district is
intended to provide alternate residential housing including residential
neighborhood units, clusters, condominiums and zero lot line developments.
All planned unit developments must be approved by the City.
E.
"C-1" Retail Non-Commercial District. This District is intended
to provide professional or service offices for the general population
of the City of Carl Junction. In the "C-1" Non-Retail Commercial District,
no building or land shall be used and no building shall be hereafter
erected, converted or structurally altered, unless otherwise provided
for in this Chapter, except for one (1) or more of the following uses:
1.
Any use permitted in District "R-3" or "R-4" except single- and two-family
dwellings.
2.
Office buildings to be used only for the administrative functions
of individuals, groups, companies, corporations, social or philanthropic
organizations or societies.
4.
In the "C-1" Commercial District, the following regulations shall
apply:
a.
No merchandise shall be displayed or handled except inside the buildings.
No equipment or vehicles other than that utilized daily shall be stored
on the premises.
b.
Nameplate and sign relating only to the occupations practiced therein
are allowed. No lighted or flashing signs shall be permitted. Any
nameplate or sign shall be permanently affixed to the structure and
shall not exceed three (3) feet by five (5) feet (3' x 5').
F.
"C-2" Retail Commercial District. This district is intended
to provide retail and service establishments serving the general community
and others. In the "C-2" Retail Commercial District, no building or
land shall be used and no building shall be hereafter erected, converted
or structurally altered, unless otherwise provided for in this Chapter,
except for one (1) or more of the following uses:
1.
Uses permitted.
a.
Any use permitted in District "R-3" or "R-4" or "C-1" except single-
and two-family dwellings.
b.
Banks or other financial institutions.
c.
Bakeries.
d.
Cleaning, pressing and dyeing plants employing not more than five
(5) persons each; provided only non-explosive cleaning fluids shall
be used.
e.
Gasoline sales.
f.
Greenhouses.
g.
Food service establishments, including drive-in service.
h.
Beauty or barber shops.
i.
Publishing, including job printing.
j.
Mortuaries or funeral homes.
k.
General business offices and stores.
l.
Stores and shops for the sale of products at retail only.
m.
Studios or broadcasting facilities (no towers).
n.
Theaters or moving picture shows.
o.
Wholesale sales and storage.
p.
Shops for custom work or the manufacture of articles to be sold at
retail on the premises; provided that in such manufacture total mechanical
power shall not exceed five (5) horsepower for the operation of any
shop and provided that the space occupied by the manufacturing use
permitted herein shall not exceed fifty percent (50%) of the total
floor area of the entire building or the equivalent of the ground
floor area thereof, and provided further, that such manufacturing
use is not noxious or offensive by reason of vibrations, noise or
emission of odor, dust, smoke or gas.
q.
Such accessory retail, professional or service uses that are necessary
for convenience of citizens subject to review by the Commission to
insure conformity to the intent of the regulation.
r.
Marijuana dispensary facility.
[Ord. No. 23-06, 2-28-2023]
2.
Marijuana dispensary facility, subject to the following provisions:
[Ord. No. 23-06, 2-28-2023]
a.
In District "C-2," a marijuana dispensary facility shall be permitted,
provided it is wholly compliant with State of Missouri laws and regulations
within Section 1 and Section 2 of Article XVI of the Missouri Constitution.
b.
Unless allowed by the laws of the State of Missouri, no marijuana
facility shall be sited within one thousand (1,000) feet of any then-existing
elementary or secondary school, child day care facility, or church.
In the case of a freestanding facility, the distance between the facility
and the school, day care or church shall be measured from the external
wall of the facility structure closest to the proximity to the school,
day care, or church to the closest point of the property line of the
school, day care or church. If the school, day care or church is part
of a larger structure, such as an office building or strip mall, the
distance shall be measured to the entrance or exit of the school,
day care, or church closest in proximity to the facility. In the case
of a facility that is part of a larger structure, such as an office
building or strip mall, the distance between the facility and the
school, day care, or church to the facility's entrance or exit closest
in proximity to the school, day care, or church. If the school, day
care, or church is part of a larger structure, such as an office building
or strip mall, the distance shall be measured to the entrance or exit
of the school, day care, or church closest in proximity to the facility.
Measurement shall be made along the shortest path between the demarcation
points that can be lawfully traveled by foot.
G.
"M-1" Industrial District. This district is intended primarily
for the conduct of manufacturing, assembling and fabrication and for
warehousing, wholesales and service uses. These operations do not
depend primarily on frequent personal visits of customers or clients
but may require good accessibility to major rail, air or street transportation
routes.
1.
Uses prohibited. Those uses are prohibited which
may be obnoxious or offensive because of emission of odor, dust, smoke,
gas, glare, noise or disposal of waste materials.
2.
Uses permitted.
a.
Any use permitted in District "C-1" or "C-2" except residential dwellings.
b.
Building materials sales yard and lumber yard, including the sale
of rock, sand, gravel and the like as an incidental part of the main
business, including a concrete batch plant or mix plant.
c.
Contractor's equipment storage yard or plant, or rental of equipment
commonly used by contractors.
d.
Freighting or trucking yard or terminal.
e.
Public utility service yard or electrical receiving or transforming
station.
f.
Sale barn for livestock.
3.
The following uses are permitted when conducted within a completely
enclosed building:
a.
The manufacture, compounding, processing, packaging or treatment
of such products as bakery goods, candies, cosmetics, dairy products,
drugs, perfumes, pharmaceuticals, soaps, toiletries and food products.
b.
The manufacture, compounding, assembling or treatment of articles
or merchandise from previously prepared materials.
c.
The manufacture of pottery and figurines or other similar ceramic
products, using only previously pulverized clay and kilns fired only
by electricity or gas.
d.
The manufacture and maintenance of electric and neon signs, commercial
advertising structures, light sheet metal products, including heating
and ventilating ducts and equipment, metal buildings, wood buildings
and wood products.
e.
Manufacture of musical instruments, toys and novelties.
f.
Automobile assembling, painting, upholstering, rebuilding, reconditioning,
body and fender works, truck repairing and overhauling, tire retreading
or recapping and battery manufacturing.
g.
Blacksmith shop and machine shop, excluding punch presses over twenty
(20) tons rated capacity, drop hammers and automatic screw machines.
h.
Foundry casting lightweight non-ferrous metal not causing noxious
fumes or odors.
i.
Assembly of electrical appliances, electronic instruments and devices,
radios and phonographs, including the manufacture of small parts only,
such as coils, condensers, transformers, crystal holders and the like.
j.
Wholesale storage or manufacture of alcoholic beverages or non-alcoholic
beverages.
k.
Marijuana cultivation facility.
[Ord. No. 23-06, 2-28-2023]
l.
Marijuana-infused products manufacturing.
[Ord. No. 23-06, 2-28-2023]
m.
Marijuana testing facility.
[Ord. No. 23-06, 2-28-2023]
4.
Also permitted are any buildings, structures and uses which are customarily
incidental to any of the above uses.
5.
The uses permitted under this Section shall be conducted in such
a manner that no noxious odor, noise, fumes or dust will be emitted
beyond the property line of the lot on which the use is located. No
use shall be permitted or so operated as to produce or emit:
a.
Smoke, or particular matter of a Number 1 or darker on the Ringlemann
Chart.
b.
Dust, fly ash, radiation, gases, heat, glare, or other effects, which
may be injurious to humans or property at the property line.
c.
Vibrations or perceptible concussion measured with instruments at
the property line.
d.
The noise level shall not exceed the following levels at any point
along the property line.
|
|
Octave Band
|
Maximum Level
|
|---|---|---|
|
|
0 — 75 CPS
|
55 db
|
|
75 — 1200 CPS
|
40 db
| |
|
1200 — 4800 CPS
|
25 db
| |
|
Above 4800 CPS
|
22 db
|
e.
Industrial wastes shall be of a quantity and nature as not to overburden
the public sewage disposal facilities or cause odor and unsanitary
effects beyond the property line.
6.
Marijuana cultivation facility, marijuana-infused products manufacturing
facility and marijuana testing facility, subject to the following
provisions:
[Ord. No. 23-06, 2-28-2023]
a.
In District "M-1," a marijuana cultivation facility, marijuana-infused
products manufacturing facility, or marijuana testing facility shall
be permitted, provided it is wholly compliant with State of Missouri
laws and regulations within Section 1 and Section 2 of Article XVI
of the Missouri Constitution.
b.
Unless allowed by the laws of the State of Missouri, no marijuana
facility shall be sited within one thousand (1,000) feet of any then-existing
elementary or secondary school, child day care facility, or church.
In the case of a freestanding facility, the distance between the facility
and the school, day care or church shall be measured from the external
wall of the facility structure closest to the proximity to the school,
day care, or church to the closest point of the property line of the
school, day care or church. If the school, day care or church is part
of a larger structure, such as an office building or strip mall, the
distance shall be measured to the entrance or exit of the school,
day care, or church closest in proximity to the facility. In the case
of a facility that is part of a larger structure, such as an office
building or strip mall, the distance between the facility and the
school, day care, or church to the facility's entrance or exit closest
in proximity to the school day care, or church. If the school, day
care, or church is part of a larger structure, such as an office building
or strip mall, the distance shall be measured to the entrance or exit
of the school, day care, or church closest in proximity to the facility.
Measurement shall be made along the shortest path between the demarcation
points that can be lawfully traveled by foot.
H.
"UD" Undeveloped Land District. This district is intended
to include land, which for one (1) reason or another has not been
developed or used for purposes other than agricultural. Removing land
from this district and placing it in one (1) of the other districts
requires approval of the Commission and Board.
[Ord. No. 99-10 §2, 5-18-1999]
A.
The
lawful use of land existing at the time of the passage of this Chapter,
(October 18, 1972) although such use does not conform to the provisions
hereof, may be continued, but if such non-conforming use is discontinued
for a period of six (6) months, any future use of said land shall
be in conformity with the provisions of this Chapter.
B.
The
lawful use of a building existing at the time of the passage of this
Chapter may be continued, although such use does not conform with
the provisions hereof, and such use may be extended throughout the
building life provided no structural alterations, except those required
by law or ordinance, are made therein. If such non-conforming building
is removed, every future use of land shall be in conformity with the
provisions of this Chapter.
C.
The
foregoing provisions shall also apply to non-conforming uses in districts
hereafter changed.
D.
Nothing
in this Section shall be deemed to prevent the restoration of a building
destroyed to the extent of not more than seventy-five percent (75%)
of its reasonable value, by fire, explosion, or other casualty, or
the public enemy, nor the continued occupancy or use of such building
or part thereof which existed at the time of such partial destruction.
[Ord. No. 99-10 §2, 5-18-1999; Ord. No. 00-33 §3, 12-5-2000]
A.
In
the "R-1" and "R-2" Residential Districts the height of buildings,
the minimum dimensions of yards, and the minimum lot area per family
shall be as follows:
1.
Height. No building hereafter erected or structurally altered shall exceed three (3) stories or forty-five (45) feet, except as provided in Section 405.080.
2.
Rear yard. There shall be a rear yard having a depth of not less than twenty-five (25) feet, provided that for lots less than one hundred (100) feet in depth and of record at the time of passage of these zoning regulations, the rear yard requirements shall be reduced to twenty percent (20%) of the depth of such lot, except as provided in Section 405.080.
3.
Side yard. Any building hereafter constructed shall
provide for a side yard on each side of the building measuring not
less than ten (10) feet. Buildings on corner lots shall provide a
side yard on the street side of not less than twenty-five (25) feet
measured from the side property line abutting the street right-of-way.
Provided, this regulation shall not be so interpreted as to reduce
the buildable width of a corner lot in separate ownership at the time
of the passage of this Chapter. Provided that for lots less than eighty
(80) feet in width and of record at the time of passage of these Zoning
Regulations, that sided yard requirements shall be reduced to ten
percent (10%) of the width of such lot, street side of not less than
fifteen (15) feet measured from the side property line abutting the
street right-of-way.
[Ord. No. 17-17, 8-15-2017]
4.
Front yard. Any building hereafter constructed shall
provide for a front yard, the minimum depth of which shall be at least
twenty-five (25) feet measured from the front property line abutting
the street right-of-way to the front line of the building and not
less than fifteen (15) feet to the front line of an open porch or
paved terrace. Provided that for lots less than one hundred (100)
feet in depth and of record at the time of passage of these Zoning
Regulations, the front yard shall be fifteen (15) feet to the front
line of the building, open porch or paved terrace.
[Ord. No. 17-17, 8-15-2017]
5.
Lot area per family.
a.
Every single-family dwelling hereafter erected, moved or altered
shall provide a lot area of not less than eight thousand (8,000) square
feet per family, provided that where a lot has less area than herein
required in separate ownership at the time of the passage of these
zoning regulations, this regulation shall not prohibit the erection
of a single-family dwelling. In determining the lot area, no part
thereof within the limits of the street right-of-way shall be included.
b.
Every two-family building shall provide a lot area of not less than
five thousand five hundred (5,500) square feet per family. In determining
the lot area, no part thereof within the limits of the street right-of-way
shall be included.
6.
Lot width. The minimum lot width in this district
shall be eighty (80) feet provided where a lot had less width than
herein required at the time of the passage of this Section, this regulation
shall not prohibit the erection of a "R-1" or "R-2" dwelling.
[Ord. No. 99-10 §2, 5-18-1999; Ord. No. 01-29 §1, 6-19-2001]
A.
In the "R-3" Multi-Family, Apartment House Residential District the height of buildings, the minimum dimension of yards, and the minimum lot area per family shall be as follows provided that single- and two-family dwellings shall conform to regulations of Section 405.060, Height and Area Regulations in the "R-1" and "R-2" Residential District.
1.
Height. No building hereafter erected or structurally
altered shall exceed forty-five (45) feet or three and one-half (3½)
stories, whichever is less.
2.
Front yard. Any building hereafter constructed shall
have a front yard with a depth of not less than twenty-five (25) feet
measured from the front property line abutting the street right-of-way
to the front line of the building for the first thirty-five (35) feet
of building height with one (1) additional foot of setback for each
additional two (2) feet of building height above thirty-five (35)
feet.
3.
Rear yard. There shall be a rear yard having a depth
of not less than twenty-five (25) feet for the first thirty-five (35)
feet of building height with one (1) additional foot of setback for
every two (2) feet of building height above thirty-five (35) feet.
4.
Side yards. There shall be a side yard on each side
of a building having a width of not less than ten (10) feet for the
first thirty-five (35) feet of building height except that not less
than twenty-five (25) feet shall be provided on the street side of
a corner lot. For buildings with a height of more than thirty-five
(35) feet, one (1) additional foot of setback on each side shall be
added for every two (2) feet of building height above thirty-five
(35) feet.
5.
Lot area per family. The minimum lot area for multi-family
dwellings shall be two thousand five hundred (2,500) square feet per
family.
6.
Lot width. The minimum lot width for construction
of a multi-family dwelling shall be sixty (60) feet plus thirty (30)
feet for each story over two (2).
[Ord. No. 99-10 §2, 5-18-1999]
A.
In
the "R-4" Planned Unit Development District the height of buildings,
the minimum dimensions of yards, and the minimum lot area per family
shall be as follows:
1.
Height. No building hereafter erected or structurally altered shall exceed three (3) stories or forty-five (45) feet, except as provided in Section 405.080.
2.
Front yard. Any building hereafter constructed shall
have a front yard with a depth of 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 or paved terrace. See provisions
for "R-1".
3.
Rear yard. There shall be a rear yard having a depth of not less than twenty-five (25) feet, provided however, that for lots less than one hundred (100) feet in depth and of record at the time of passage of this Section, the rear yard requirements shall be reduced to twenty percent (20%) of the depth of such lot, except as provided in Section 405.080.
4.
Side yard. There shall be a side yard on each side
of a building having a width of not less than ten (10) feet for a
one (1) story building and fifteen (15) feet for a two (2) story building.
The additional side yard is necessary due to the size of buildings.
5.
Lot size. The lot shall provide at least two thousand
(2,000) square feet per living unit.
[Ord. No. 99-10 §2, 5-18-1999]
A.
In
the "C-1" Non-Retail Commercial District the height of buildings,
the minimum dimensions of yards, and the minimum lot area per family
shall be as follows:
1.
Height. No building hereafter erected or structurally altered shall exceed forty-five (45) feet or three (3) stories, except as provided in Section 405.080.
2.
Front yard. There shall be a front yard of not less than fifteen (15) feet, except as provided in Section 405.080.
[Ord. No. 99-10 §2, 5-18-1999]
A.
In
the "C-2" Retail Commercial District the height of buildings, the
minimum dimensions of yards, and the minimum lot area shall be as
follows:
1.
Height. Buildings or structures shall not exceed
three (3) stories or forty-five (45) feet in height.
2.
Front yard. Any building hereafter constructed shall
provide a front yard, the minimum depth of which shall be fifteen
(15) feet.
3.
Side yard. No side yard is required except that
where a side line of a lot in this district abuts upon the side line
of a lot in a residential district in which case a side yard shall
then be provided the same as required in the district it abuts. A
side yard of fifteen (15) feet shall be provided on the street side
of a corner lot.
4.
Rear yard. No rear yard required, except that when
a rear lot line abuts a lot in a residential district, a rear yard
of not less than twenty (20) feet shall be provided.
5.
Gasoline sales. Any commercial operation selling
gasoline shall have a minimum of ten thousand (10,000) square feet
of lot area to increase safety.
[Ord. No. 99-10 §2, 5-18-1999]
A.
In
the "M-1" Industrial District the height of buildings, the minimum
dimensions of yards, and the minimum lot area shall be as follows:
1.
Height. Any building hereafter erected or structurally
modified shall not exceed fifty (50) feet in height. Structures, not
buildings, shall not exceed one hundred (100) feet in height and shall
be set back from all property lines a distance equal to its height.
2.
Yard. Any building hereafter erected or structurally
altered shall provide a front yard of not less than twenty-five (25)
feet and rear and side yards of not less than ten (10) feet.
[Ord. No. 99-10 §2, 5-18-1999; Ord. No. 00-33 §4, 12-5-2000]
A.
The
regulations and requirements as to height of buildings and area of
lots that may be occupied by buildings, front yards, side yards, rear
yards, and other regulations and requirements as stated in the foregoing
Sections shall be subject to the following exceptions and additional
regulations:
1.
Height. Public or semi-public buildings, hospitals,
sanitariums or schools may be erected to a height not exceeding seventy-five
(75) feet when each of its front, side and rear yards are increased
an additional foot for each foot such buildings exceed forty-five
(45) feet in height.
2.
Area.
a.
For the purpose of side yard regulations, a two-family dwelling shall
be considered as one (1) building occupying one (1) lot.
b.
In computing the depth or width of a yard for any building where
such yard abuts on an alley, one-half (½) of such alley may
be assumed to be a portion of the yard.
c.
In computing lot area, no part thereof within the limits of the street
right-of-way shall be included.
d.
A through lot having one (1) end abutting a limited access highway,
with no access permitted to that lot from said highway, shall be deemed
to front upon the street that gives access to that lot.
3.
Yard exceptions — pertaining to accessory buildings.
a.
In any district the height restriction for a detached accessory building
shall not exceed seventy-five percent (75%) of the overall height
of the main building.
[Ord. No. 14-38 §1, 10-21-2014]
b.
In any district, accessory buildings shall not be erected in any
required or established front yard and shall not occupy more than
thirty percent (30%) of the required rear yard. An accessory building
shall not be located less than six (6) feet from any rear property
line, nor ten (10) feet from any side property line, nor twenty-five
(25) feet from a side corner lot line along any street property line.
Provided that if the side corner lot along the street property line
is fully enclosed by a privacy fence, the accessory building may be
located not less than ten (10) feet from the side corner lot line
along the street side. In the event of an easement restriction, an
accessory building shall not be closer than two (2) feet from the
easement.
[Ord. No. 22-30, 12-6-2022]
c.
In any district, accessory buildings shall not be erected in such
a manner that places the building in front of the main building on
the adjoining lot. The determination of the eligibility of a proposed
accessory building's location shall be made by the City Clerk and
the Building Inspector whose decision may be appealed to the Board
of Adjustment.
[Ord. No. 17-17, 8-15-2017]
4.
Other yard exceptions in any district.
a.
Every part of a required yard shall be open from its lowest point
to the sky unobstructed, except for the ordinary projection of sills,
belt courses, cornices, buttresses, ornamental features and eaves;
provided however, that none of these projections shall extend into
a court more than six (6) inches nor into a required yard more than
twenty-four (24) inches.
b.
Open or enclosed fire escapes, fireproof outside stairways and balconies
projecting into a minimum yard not more than three and one-half (3½)
feet, and the ordinary projections of chimneys and flues may be permitted
where same are so placed as not to obstruct the light and ventilation.
B.
In
the case of group houses or court apartments, buildings may rear upon
the required side yard, provided:
1.
For group houses the required side yard shall be increased by one
(1) foot for each building abutting thereon.
2.
For apartment houses the required side yard shall be increased by
one (1) foot for each stairway opening onto or served by such side
yard.
3.
The width of the place or court shall not be less than three (3)
times the width of the side yard as required in this provision, provided
that open unenclosed porches may project into a required place or
court not more than twenty percent (20%) of the width of such place
or court.
4.
Where a roadway is provided in the place or court, the width allowed
for such roadway shall be in addition to that required above.
5.
All other requirements including front, side and rear yards shall
be complied with in accordance with the district in which such group
houses or court apartments are located.
[Ord. No. 99-10 §2, 5-18-1999; Ord. No. 00-33 §5, 12-5-2000; Ord. No. 07-02 §2, 2-20-2007; Ord. No. 09-30 §1, 7-20-2009; Ord. No. 12-24 §1, 7-3-2012; Ord. No. 12-35 §1, 9-18-2012]
A.
Fences
are regulated in all areas of the City. A building permit and a fence
application form which shows a lot sketch, all easements and the fence
location are required and must be submitted to the City Clerk prior
to a fence being installed or rebuilt. An application fee of twenty
dollars ($20.00), permit fee of five dollars ($5.00) and two (2) inspection
fees, lot inspection and final inspection, of twenty-five dollars
($25.00) each, for a total of seventy-five dollars ($75.00), is payable
at the time of application. Generally, fences up to six (6) feet in
height are permitted for rear yard privacy; low profit ornamental
fences or walls are permitted in the front yard. The determination
of the eligibility of the proposed location of the fence shall be
made by the City Clerk and Building Inspector whose decision may be
appealed to the Board of Adjustment. Provided however, unless otherwise
specifically provided in another code or regulation, a fence that
is being replaced or rebuilt caused by a natural disaster or during
regular maintenance on the fence — such as replacing rotted
or broken sections — shall be exempt from this process if a
building permit and a fence application were originally acquired when
the fence was originally installed and if the fence is being replaced
in the original location and style.
[Ord. No. 21-06, 3-2-2021; Ord.
No. 21-16, 5-18-2021]
B.
The applicant agrees that if the fence application is to place a fence of any type on a dedicated easement, such application shall not waive the right of the City to enter upon said property unobstructed for the purpose of repair or maintenance of its utilities. Further, the applicant agrees that if the City finds it necessary for such access, any obstruction on an easement may be removed by the City as set forth in Section 500.150, Obstructions Placed Upon Dedicated Easements.
1.
Except as otherwise specifically provided in other codes and regulations,
the following regulations shall apply to the construction of fences:
a.
Fencing for safety purposes shall be required wherever dwellings
or manufactured homes are built or installed on lots abutting major
streets as defined in these regulations or railroad right-of-way.
b.
No fence shall be constructed which will constitute a traffic hazard.
c.
No fence shall be constructed in such a manner or be of such design
as to be hazardous or dangerous to persons or animals.
d.
No person shall erect or maintain any fence which will materially
damage the adjacent property by obstructing the view, shutting out
the sunlight or hindering ventilation, or which fence shall adversely
affect the public health, safety and welfare.
e.
No fence, except fences erected upon public or parochial school grounds
or in public parks and in public playgrounds, shall be constructed
of a height greater than four (4) feet in the front or six (6) feet
elsewhere; provided however, that the Commission may, as a special
use, authorize the construction of a fence higher than six (6) feet
if the Commission finds the public welfare is served.
2.
It shall be unlawful for any person to erect or maintain any fence
or other like structure except as follows:
a.
In "R-1", "R-2" and "R-3", privacy fences may be erected on any lot,
except as provided above, and shall be no more than six (6) feet high
and shall not be located closer to the front property line than the
midpoint of the lot depth or the midpoint of the sidewall of the dwelling,
whichever is closer to the front property line. However, a fence shall
not be erected that would place it in front of the dwelling on the
adjoining property. Further, if the rear yard to be fenced adjoins
the property of a dwelling located on a cul-de-sac, the fence shall
not be located closer to the nearest portion of the midpoint of the
dwelling on the adjoining property. The determination of the proper
location of the fence according to the City Code shall be made by
the City Administrator, City Clerk and Building Inspector.
b.
Decorative fences may be erected on any lot, except as provided above,
and shall be no more than four (4) feet high and be of open construction.
c.
Security fences may be erected on any business or industrial lot
to a height of not more than twelve (12) feet, except the top four
(4) feet must be open wire or woven wire or barbed wire construction.
d.
Open wire fences for the enclosure of private multi-purpose athletic
courts may be constructed to a height of not more than twelve (12)
feet but must be set back from all property lines at least six (6)
feet.
3.
Materials allowed for construction of a privacy or a decorative fence
include wood, woven wire, chain link, wrought iron, concrete material,
and plastic resin. Maximum board width is twelve (12) inches for solid,
staggered or "basket weave" fences. Solid panels such as plywood,
wafer board, etc., will not be allowed, except around construction
sites for public safety, and must be removed upon issuance of a certificate
of occupancy.
4.
All framework of a wood fence, privacy or decorative, must be on
the inside portion of the fence, and all posts of a wire fence must
be inside of the fabric. All posts (except metal "T" line posts) must
be set in concrete to a minimum depth of eighteen (18) inches and
a minimum of four (4) inches by four (4) inches. Metal "T" posts can
be driven.
5.
Dilapidated fences. No person shall permit, cause,
keep, maintain or allow a fence within the corporate limits of the
City of Carl Junction in a dilapidated or dangerous condition.
6.
Dangerous fences. Any person who shall place or permit to be placed or remain on or along any railroad or building front or any part of a building, fence or premises adjacent or contiguous to any right-of-way or public way or residence any spikes, or sharp-pointed cresting, or any barbed wire (except as permitted in Subsection (B)(2)(c), Security Fences, and fences used for livestock containment), electrified fence (provided however, that low voltage, intermittent-current fences shall be allowed as a secondary fencing for animal containment), or any dangerous fence which is liable to tear, snag, cut or injure anyone coming in contact therewith shall be deemed guilty of a misdemeanor.
7.
Declared nuisance. All fences or other like structures
erected or maintained in violation of this Section are hereby deemed
and declared to be a nuisance, and any owner or occupant of a lot
or tract of land upon which a nuisance exists shall be deemed guilty
of a misdemeanor. Each day on which such violation continues shall
constitute a separate offense.
[Ord. No. 00-33 §6, 12-5-2000; Ord.
No. 13-25 §1, 6-18-2013]
A.
All pools and auxiliary structures and equipment at private residences
intended only for the use of the owners and their guests shall comply
with the City Building Code (IBC), a copy of which is on file in the
office of the City Clerk.
B.
No swimming pool or appurtenances shall be constructed without first
submitting appropriate site plans as requested in the building permit,
and before said building permit is approved by the City.
C.
Private swimming pools shall not encroach on any front or side yard
required by the basic Code or by the governing zoning law, except
by specific rules of the community in which it may be located. No
wall of a swimming pool shall be located less than six (6) feet from
any rear property line; ten (10) feet from any side property line;
nor twenty-five (25) feet from any street property line. In no instance
shall the deck area or other appurtenant structures be nearer than
five (5) feet to an adjoining lot line or, in the event of an easement
restriction, no closer than two (2) feet to the easement.
D.
Private swimming pools, spas, and hot tubs shall be enclosed in accordance
with the International Residential Code Sections AG 105.1 - 105.5,
or by other approved barriers. These enclosures shall be constructed
within thirty (30) days after the completion of the pool, unless an
extension is requested by the property owner and approved by the Building
Inspector and the City Clerk.
E.
This Section shall not be construed to relieve from or lessen the
responsibility or liability of any party owning, operating, controlling
or installing a swimming pool or family pool; nor shall the City,
or any of its inspectors, agents or employees, be held as assuming
any such liability by reason of the inspection authorized herein or
permits issued as herein provided.
[Ord. No. 99-10 §2, 5-18-1999]
A.
The
owner or owners of any tract of land comprising an area of not less
than one (1) acre may submit to the Board of Adjustment a plan for
the use and development of such tract of land for residential purposes,
and if such development plan is approved after public notice and hearing
by the Board and after study and report by the City Planning Commission,
the application of the use, height, yard and lot regulations and other
regulations established herein may be modified by the Board of Adjustment
in accordance with the development plan, provided that under said
development plan the appropriate use of property adjacent to the area
included in said plan is properly safeguarded and that said plan is
consistent with the intent and purposes of this Chapter to promote
public health, safety, morals and general welfare.
B.
If
an adverse report is given by the City Planning Commission concerning
the development plan or any portion thereof, then said plan may only
be approved by the Board of Adjustment by a four-fifths (4/5) vote
of the entire membership.
[Ord. No. 99-10 §2, 5-18-1999; Ord. No. 00-33 §7, 12-5-2000]
A.
A Board
of Adjustment is hereby established in accordance with the provisions
of Chapter 89, RSMo., regarding the zoning of cities.
B.
The
Board of Adjustment shall consist of five (5) residents appointed
by the Mayor and approved by the Board of Aldermen. The term of the
office of the members of the Board of Adjustment shall be for five
(5) years, excepting that five (5) members first (1st) appointed shall
serve respectively for terms of one (1) year; two (2) years; three
(3) years; four (4) years; and five (5) years; thereafter members
shall be appointed for terms of five (5) years each. Three (3) alternate
members may be appointed to serve in the absence of or the disqualification
of the regular members. All members and alternates shall be removable
for cause by the appointing authority upon written charges and after
public hearing. Vacancies shall be filled for the unexpired term of
any member whose term becomes vacant. The members shall elect their
own Chairman, Vice Chairman and Secretary, who shall serve for one
(1) year. The Board of Adjustment shall adopt rules in accordance
with the provisions of any ordinance adopted pursuant to Sections
89.010 to 89.140, RSMo. Meetings of the Board of Adjustment shall
be held at the call of the Chairman and at such other times as the
Board of Adjustment may determine. Such Chairman, or in his absence
the Vice Chairman, may administer oaths and compel the attendance
of witnesses. All meetings of the Board of Adjustment shall be open
to the public. The Board of Adjustment shall keep minutes of its proceedings,
showing the vote of each member upon question or, if absent or failing
to vote, indicating such fact, and shall keep records of its examinations
and other official actions, all of which shall be immediately filed
in the office of the City Clerk and shall be a public record. All
testimony, objections thereto and rulings thereon shall be recorded
by a transcriptionist. The presence of three (3) members of the Board
of Adjustment shall constitute a quorum for the transaction of business;
however, the concurring vote of four (4) members of the Board of Adjustment
shall be necessary to reverse any order, requirement, decision, or
determination of any such City administrative official to decide in
favor of applicant.
C.
Where
there are practical difficulties or unnecessary hardships in the way
of carrying out the strict letter of this Chapter, the Board of Adjustment
may authorize a variation of the application of the use, height and
area regulations so that the spirit of the ordinance shall be observed,
public safety and welfare secured, and substantial justice done.
D.
The
Board of Adjustment shall not have the power to change the classification
of property as shown on the Zoning District Map nor to make any changes
in the regulations of the Zoning Code but shall interpret the Zoning
Code and authorize variations.
E.
The
Board of Adjustment shall have the following powers, and it shall
be its duty:
1.
To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination made by the City
administrative official in the enforcement of Sections 89.010 to 89.140
of the Missouri Code — Zoning and Planning.
a.
Appeals to the Board of Adjustment may be taken by the person aggrieved
or by any officer, department or bureau of the government affected
by any decisions of the administrative official. Such appeal shall
be taken within a reasonable time, as shall be prescribed by the Board
of Adjustment by general rule, by filing with the City Clerk and with
the Secretary of the Board of Adjustment notice of appeal specifying
the grounds thereof. The administrative official shall forthwith transmit
to the Secretary of the Board of Adjustment all papers constituting
the record upon which the action appealed from is taken. The concurring
vote of four (4) members of the Board of Adjustment shall be necessary
to reverse any order, requirement, decision or determination of any
such City administrative official to decide in favor of applicant.
b.
An appeal stays all proceedings in furtherance of the action appealed
from, unless the administrative official certifies to the Board of
Adjustment, after the notice of appeal shall have been filed with
him/her, that by reason of facts stated in the certificate, a stay
would, in his/her opinion, cause immediate peril to life or property.
In such case, proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the Board of Adjustment,
or by a court of record on application or notice to the administrative
official whom the appeal is taken and on due cause shown.
2.
Permit a temporary building for commerce or industry in a dwelling
district which is incidental to the residential developments, such
permit to be issued for a period of not more than one (1) year.
3.
To interpret the provisions of this Chapter in such a way as to carry
out the intent and purpose of the plan, as shown on the map fixing
the several districts accompanying and made a part of this Chapter
where the street layout actually on the ground varies from the street
layout as shown on the map aforesaid.
4.
To interpret and vary the application of the side, rear and front
yard regulations and parking requirements in specific cases so as
to carry out the intent and purpose of this Chapter.
5.
To authorize upon appeal in specific causes such variance from the
terms of the ordinance as will not be contrary to the public interest,
where owing to special conditions a literal enforcement of the provisions
of the ordinance will result in unnecessary hardship, so that the
spirit of the ordinance shall be observed and substantial justice
done.
a.
The applicant must show that his/her property was acquired in good
faith and where by reason of exceptional narrowness, shallowness or
shape of this specific piece of property at the time of the effective
date of the district zoning regulations, or where by reason of exceptional
topographical conditions or other extraordinary or exceptional circumstances,
that the strict application of the terms of the zoning regulations
actually prohibits the use of his/her property in the manner similar
to that of other property in the zoning district where it is located.
b.
A request for a variance may be granted upon a finding of the Board
of Adjustment that all of the following conditions have been met.
The Board of Adjustment shall make a determination of each condition
and the finding shall be entered in the record.
(1)
The variance requested arises from such condition which is unique
to the property in question and which is not ordinarily found in the
same zone or district; and is not created by an action or actions
of the property owner or applicant.
(2)
The granting of the permit for the variance will not adversely
affect the rights of adjacent property owners or residents.
(3)
The strict application of the provisions of the zoning regulations
of which the variance is requested will constitute unnecessary hardship
upon the property owner represented in the application.
(4)
The variance desired will not adversely affect the public health,
safety, quality of life, order, convenience, prosperity or general
welfare.
(5)
The granting of the variance desired will not be opposed to
the general spirit and intent of the zoning regulations.
(6)
The variance requested is the minimum variance that will make
possible the reasonable use of the land or structure.
6.
Conditions of determination. In exercising the above-mentioned
powers such Board of Adjustment may, in conformity with the provisions
of Sections 89.010 to 89.140, RSMo., reverse or affirm wholly or partly,
or may modify the order, requirement, decision or determination appealed
from and may make such order, requirement, decision or determination
as ought to be made and to that end shall have all the powers of the
officer from whom the appeal is taken, may attach appropriate conditions,
and may issue or direct the issuance of a permit. A majority of the
Board of Adjustment shall constitute a quorum for the transaction
of business, and a concurring vote of four (4) members of the Board
of Adjustment shall be necessary to reverse any order, requirement,
decision or determination of any such administrative official, or
to decide in favor of the applicant on any matter upon which it is
required to pass under any such zoning ordinance or regulation or
to effect any variation in such zoning ordinance or regulation. Upon
the hearing, any party may appear in person or by agent or by attorney.
7.
Applications. The procedure for requesting a hearing
before the Board of Adjustment shall be as follows:
a.
All applications to the Board of Adjustment shall be in writing on
forms approved by the Board of Adjustment and provided by the City.
b.
The Board of Adjustment shall fix a reasonable time for the hearing
of an application and notice of the time, place and subject of each
hearing shall be published in the official newspaper (as designated
by the Board of Aldermen) at least fifteen (15) days prior to the
date fixed for the public hearing. The City Clerk shall send a copy
of the notice of public hearing to each party of interest and to the
Commission. In addition, the City Clerk will supervise the proper
posting of subject property by the applicant.
c.
An application shall be accompanied by a filing fee in an amount
as established by the Board of Aldermen by ordinance. In addition
to the above requirements, certain applications require additional
information as follows.
8.
Appeals.
a.
An application for an appeal shall be filed within sixty (60) days
after a ruling has been made by the administrative official.
b.
A copy of the order, requirement, decision or determination of the
administrative official which the appellant believes to be in error.
c.
A clear and accurate written description of the proposed use, work
or action in which the appeal is involved and a statement justifying
the appellant's position.
d.
Where necessary, a plot plan, drawn to scale, shall be submitted
in duplicate showing existing and proposed plans for the area in question.
9.
Variances.
a.
The applicant shall submit a written statement justifying the variance requested, indicating specifically the enforcement provisions of the zoning regulations from which the variance is requested and outlining in detail the manner in which it is believed that this application will meet each of the six (6) conditions as set out in Section 405.100(E)(5)(b).
b.
The applicant shall submit a sketch, in duplicate, drawn to scale
and showing the lot or lots included in the application, the structures
existing thereon, and the structures contemplated necessitating the
variance requested. All appropriate dimensions should be included
and any other information which would be helpful to the Board of Adjustment
in consideration of the application.
10.
Performance. In making any decision varying or modifying
any provisions of the zoning regulations or in granting an exception
to the district regulations, the Board of Adjustment shall impose
such restrictions, terms, time limitations, landscaping and other
appropriate safeguards to protect adjoining property.
a.
The Board of Adjustment may require a performance bond to guarantee
the installation of improvements such as parking lot surfacing, landscaping,
etc. The amount of the bond shall be based on a general estimate of
cost for the improvements as determined by the Board of Adjustment
and shall be enforceable by or payable to the Board of Aldermen in
the sum equal to the cost of constructing the required improvements.
b.
In lieu of the performance bond requirement, the Board of Adjustment
may specify a time limit for the completion of such required improvements
and, in the event the improvements are not completed within the specified
time, the Board of Adjustment may declare the granting of the application
null and void after reconsideration.
11.
Who may appeal the Board of Adjustment decision. Any person or persons jointly or severally aggrieved by any decision
of the Board of Adjustment, any neighborhood organization as defined
in Section 32.105, RSMo., representing such person or persons or any
officer, department, board or bureau of the municipality may present
the Circuit Court of the County or City in which the property affected
is located a petition, duly verified, setting forth that such decision
is illegal, in whole or in part, specifying the grounds of the illegality,
and asking for relief therefrom. Such petition shall be presented
to the court within thirty (30) days after filing of the decision
in the office of the Board.
12.
Decisions subject to review — procedure. Upon
the presentation of such petition the court may allow a writ of certiorari
directed to the Board of Adjustment to review such decision of the
Board of Adjustment and shall prescribe therein the time within which
a return thereto must be made and served upon the relator's attorney,
which shall not be less than ten (10) days and may be extended by
the court. Costs shall not be allowed against the Board of Adjustment
unless it shall appear to the court that it acted with gross negligence
or in bad faith, or with malice in making the decision appealed from.
All issues in any proceedings under Sections 89.080 to 89.110, RSMo.,
shall have preference over all other civil actions and proceedings.
13.
Violation and penalty.
a.
In case any structure is erected, constructed, reconstructed, altered,
repaired, converted or maintained, or any structure or land is used
in violation of this regulation, the appropriate authorities, in addition
to other remedies, may institute injunction, mandamus or other appropriate
action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, conversion, maintenance of use or to correct
or abate such violation or to prevent the occupancy of said structure
or land.
b.
The owner or agent of a structure or premises in or upon which a
violation of any provision of this regulation has been committed or
shall exist; or the lessee or tenant of an entire structure or entire
premises in or upon which violation has been committed or shall exist;
or the agent, architect, structure or premises in or upon which violation
has been committed or shall exist shall be punished by a fine of not
less than ten dollars ($10.00) and not more than one hundred dollars
($100.00) for each and every day that such violation continues, but
if the offense be willful on conviction thereof, the punishment shall
be a fine of not less than one hundred dollars ($100.00) nor more
than two hundred fifty dollars ($250.00) for each and every day such
violation shall continue or by imprisonment for ten (10) 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 (10)
days after such service or shall continue to violate any provision
of the regulations made under authority of Sections 89.010 to 89.140,
RSMo., in the respect named in such order shall also be subject to
a civil penalty of two hundred fifty dollars ($250.00).
[Ord. No. 99-10 §2, 5-18-1999; Ord. No. 00-33 §8, 12-5-2000; Ord. No. 12-25 §1, 7-3-2012]
A.
Procedures. All requests for building permits shall be filed
upon forms prescribed by the City setting forth the legal description
of the lot, tract, or parcel of land together with a general explanation
of the intended land use and description of any building or structure
proposed to be constructed, erected, placed, or altered thereon. Any
building or structure proposed shall be accompanied by a plat or drawing
showing the following: the location of the building or structure upon
the lot, tract or parcel; accurate dimensions of the building and
lot; the location of present and proposed utility easements, drainage
easements, stormwater control plans; topographic elevations upon request;
and such other information as may be necessary to provide for the
enforcement of these regulations. A careful record of the original
copy of such applications and drawings shall be kept in the office
of the City Clerk and a duplicate copy shall be kept at the building
site at all times during construction.
B.
Period Of Validity For Building Permits. Building permits
shall become null and void six (6) months after the date on which
each is issued unless within such six (6) month period construction,
moving, remodeling or reconstruction of a structure is commenced.
C.
Applicability. All applications for building permits, other than for single-family dwellings and buildings accessory to single-family dwellings which require a plat diagram, shall be subject to the site plan review process and regulations as set forth in Section 405.114 and Section 405.115. Provided however, any applicant for a building permit who has previously met the requirements of Section 405.114 and Section 405.115 may be exempt from those Sections after filing a preliminary diagram and building permit application and those documents being reviewed and approved by the City Engineer, City Building Inspector, City Clerk and City Administrator.
D.
Revocation Of Building Permit. The permit may be revoked by the official issuing the permit at any time prior to the completion of the use, building, structure, placement, or sign for which the same was issued, when it appears to such official that one (1) or more of the following conditions is present: (1) there is departure from the plans, specifications or conditions as required under the terms of the permit; (2) that the permit was procured by false representation; (3) that the permit was issued by mistake; (4) or that any of the provisions of the Building Code or City Codes are being violated. Written notice of such revocation from the City of Carl Junction shall be served by a City Official upon the owner, the owner's agent or contractor, or upon any person employed in the building or structure for which such permit was issued. In addition, a copy of the revocation notice shall be posted in a prominent location of the property. Where notice of revocation has been served and posted, no future construction or use of the property shall proceed. Any revocation of a permit may be appealed to the Board of Adjustment as provided in Chapter 405 (Zoning Regulations), Section 405.100 (Jurisdiction and Powers of Board of Adjustment).
[1]
Editor's Note: Former Section 405.114, Preliminary Site Plan
Review, was repealed 8-15-2017 by §4 of Ord. No. 17-17.
[Ord. No. 99-10 §2, 5-18-1999; Ord. No. 00-33 §9, 12-5-2000; Ord. No. 06-09 §4, 3-7-2006]
A.
Intent. The City of Carl Junction recognizes that the very
nature of land development creates the potential for traffic congestion,
overcrowding, adverse visual environmental impacts and health problems.
Also, the City strives to achieve the goal of promoting growth in
Carl Junction, while stabilizing the established residential patterns
of the area. The City seeks to ensure that any location that must
accommodate intense urban uses shall be subject to site plan review
by the City Clerk, City Engineer, Public Works Superintendent, Commission
and the Board of Aldermen. Site plan review shall help ensure compliance
with the meaning and intent of the zoning regulations.
The site plan review regulates the development of structures
and sites in a manner which considers the following concerns:
1.
The balancing of landowners' rights to use their land with the rights
of abutting and neighboring landowners to live without undue disturbances
(e.g., noise, smoke, fumes, dust, odors, glare, stormwater runoff,
etc.);
2.
The convenience and safety of vehicular and pedestrian movement within
the site and in relation to adjacent areas or roads;
3.
The adequacy of waste disposal methods and protection from pollution
of surface or ground water.
4.
The protection of historic and natural environmental features on
site under review and in adjacent areas;
5.
The stability of the built environment — particularly residential
neighborhoods — by promoting urban development which is compatible
with clearly identified natural resources; and
6.
The development guidelines set out in the City Comprehensive Plan.
B.
Applicability. All applications for land use permits or
building permits, other than for single-family and two-family dwellings
and buildings accessory to single-family or two-family dwellings,
shall be subject to site plan review.
C.
Authority. Land use permits or buildings permits shall not
be issued for any use of land or proposed construction on a lot in
the zoning districts in which site plan review is applicable, unless
site plan review approval has been granted.
D.
Submission Requirements. The site plan shall include the
following data, details and supporting plans which are found relevant
to the proposal. The number of pages submitted to the City Clerk will
depend on the proposal's size and complexity. The applicant shall
make notations explaining the reasons for any omissions.
Site plans shall be prepared by a registered professional engineer,
architect or land surveyor registered in the State of Missouri; architect
at a scale of one (1) inch equals one hundred (100) feet (1" = 100')
for projects one thousand two hundred (1,200) square feet or larger.
Items required for submission include:
1.
Name of project, address, boundaries, date, north arrow and scale
of the plan.
2.
Name and address of the owner of record, developer and seal of the
engineer, architect or land surveyor.
3.
Name and address of all owners of record of abutting parcels.
4.
All existing lot lines survey pin locations, easements and right-of-ways.
Include area in acres or square feet, abutting land uses and structures.
5.
The location and use of all existing and proposed structures within
the development. Include all dimension of heights and floor area and
show all exterior entrances and all anticipated future additions or
alterations.
6.
The location of all present and proposed public and private ways,
parking areas, driveways, sidewalks, ramps, curbs and fences. Location,
type and screening details for all waste disposal containers shall
be shown.
7.
The location, height, intensity and bulb type of all external lighting
fixtures. The direction of illumination methods to eliminate glare
onto adjoining property must also be shown.
8.
The location, height, size, materials and design of all proposed
signage in conformance with the Carl Junction City Code.
9.
The landscape plan which shows all existing open space, trees, forest
cover, water sources and all proposed changes to these features. In
addition the size, type, location and number of plant materials existing
or proposed as well as a notation of all areas to be seeded and sodded
shall be shown.
11.
Plans to prevent the pollution of surface or ground water, erosion
of soil both during and after construction, excessive runoff, excessive
raising or lowering of the water table and flooding of other properties,
as applicable.
12.
Topography (unless specifically waived) with contour intervals of
not more than two (2) feet except that, where the ground is too flat
for contours, spot elevation shall be provided.
13.
Zoning district boundaries adjacent to the site's perimeter shall
be drawn and identified on the plan.
14.
Traffic flow patterns within the site, entrances and exists, loading
and unloading areas, curb cuts on the site and within one hundred
(100) feet of the site. For developments in heavy traffic areas, the
City Engineer may require a detailed traffic study.
15.
For new construction, alterations to any existing structure, a table
continuing the following information must be included:
a.
Area of structure to be used for a particular use, such as retail
operation, office, storage, etc.;
b.
Maximum number of employees;
c.
Maximum seating capacity, where applicable;
d.
Number of parking spaces existing and required for the intended use;
and
e.
A landscape plan for improving large areas of paved parking with
appropriate landscaping may be required.
E.
Standards Of Review. The recommendations of the City Planning
Commission to the Board of Aldermen shall be based on the following
standards:
1.
The extent to which the proposal conforms to the provisions of these
regulations.
2.
The extent to which the development would be compatible with the
surrounding area.
3.
The extent to which the proposal conforms to the provisions of the
City's subdivision regulations, Sign Code, Building Code, Fire Code,
Storm Water Management Code and all other applicable City Codes and
ordinances.
4.
The extent to which the location of streets, walkways and driveways
are located so as to enhance safety and minimize any adverse traffic
impact on the surrounding area.
[Ord. No. 99-10 §2, 5-18-1999]
A.
No
vacant land shall be occupied or used, except for agricultural purposes,
and no building hereafter erected or structurally altered shall be
occupied or used until a certificate of occupancy shall have been
issued by the Building Inspector.
B.
Certificate Of Occupancy For A Building. Certificate of
occupancy for a new building or the alteration of an existing building
shall be applied for coincident with the application for a building
permit and said certificate shall be issued within three (3) days
after the requests for same shall have been made in writing to the
Building Inspector after the erection or alteration of such building
or part thereof shall have been completed in conformity with the provisions
of these regulations. Pending the issuance of a regular certificate,
a temporary certificate of occupancy may be issued by the Building
Inspector for a period not exceeding six (6) months, during the completion
of alterations or during partial occupancy of a building pending its
completion. Such temporary certificate shall not be construed as in
any way altering the respective rights, duties or obligations of the
owners or of the City relating to the use or occupancy of the premises
or any other matter covered by this Chapter, and such temporary certificate
shall not be issued except under such restrictions and provisions
as will adequately insure the safety of the occupants.
Certificate of occupancy shall state that the building or proposed
use of a building or land complies with all the building and health
laws and ordinances and with the provisions of these regulations.
A record of all certificates shall be kept on file in the office of
the Building Inspector, and copies shall be furnished on request to
any person having a proprietary or tenancy interest in the building
affected.
C.
No
permit for excavation for any building shall be issued before application
has been made for a certificate of occupancy.
[Ord. No. 99-10 §2, 5-18-1999]
A.
Where
uncertainty exists with respect to the boundaries of the various districts
as shown on the map accompanying and made a part of this Chapter,
the following rules shall apply:
1.
The district boundaries are either streets or alleys unless otherwise
shown, and where the districts designated on the map accompanying
and made a part of this Chapter are bounded approximately by street
or alley lines, said street or alley shall be construed to be the
boundary of such district.
2.
Where the district boundaries are not otherwise indicated and where
the property has been or may hereafter be divided into blocks and
lots, the district boundaries shall be construed to be the lot lines,
and where the districts designated on the map accompanying and made
a part of this Chapter are bounded approximately by lot lines, said
lot line shall be construed to be the boundary of such districts unless
said boundaries are otherwise indicated on the map.
3.
In non-subdivided property, the district boundary lines on the maps
accompanying and made a part of this Chapter shall be determined by
the use of the scale contained on such map.
[Ord. No. 99-10 §2, 5-18-1999; Ord. No. 00-33 §10, 12-5-2000]
A.
Certain
non-conforming uses may be located in Districts "R-1", "R-2", "R-3",
"R-4", "C-1" and "C-2" by special written permission of the Commission
and approved by the Board of Aldermen after properly posting the property,
notifying landowners within one hundred eighty-five (185) feet of
the proposed use, followed by a public hearing; provided that in their
judgment such use will not seriously injure the appropriate use of
neighboring property and will conform to the general intent and purpose
of this Chapter, and further provided that such uses shall comply
with the height, area and/or the regulations of the districts in which
they may be located, as well as any additional restrictions as may
be ordered.
1.
Special uses are those types of uses which, due to their nature,
are dissimilar to the normal uses permitted within a given zoning
district. Within the various zoning districts, specific uses may be
permitted only after additional requirements are complied with as
established with this Article.
2.
Submission of application. An application (an original
and four (4) copies) for special use permit shall be filed with the
City Clerk along with the application filing fee. The application
shall include the following:
a.
Plan showing existing and proposed building locations, parking areas,
location and type of outdoor lighting, interior drives and landscaped
buffer strips.
b.
Topography and existing utilities abutting the streets, alleys or
easements and the square footage of land within the plot.
c.
Name of owner of land to be utilized with legal description.
d.
Description of architecture and exterior materials to be utilized.
3.
Processing the application.
a.
Hearing. Upon receipt of the formal application,
all accompanying material and filing fee, the City Clerk shall forward
copies of the special use permit application and accompanying information
to affected public or governmental agencies and the Planning and Zoning
Commission. In addition, the following regulations must be followed:
(1)
Applicant shall post a notice on the property in the form of
a sign provided by the City Clerk and placement of such sign shall
be in the center of the property in question, no more than ten (10)
feet from the yard right-of-way, and sign must be visible from the
street;
(2)
A written notice is mailed by the City Clerk to all landowners
(names and addresses provided to the City Clerk by the applicant)
within one hundred eighty-five (185) feet of the proposed use;
(3)
A notice concerning the special use request is placed in a newspaper
of general circulation by the City Clerk not less than fifteen (15)
days prior to the date set for the public hearings;
(4)
A public hearing is held before the Planning and Zoning Commission
with the applicant (or agent) in attendance; further, the Planning
and Zoning Commission shall submit its recommendation to the Board
of Aldermen prior to the date set for the Board's public hearing which
must be within thirty (30) days after the close of the Commission's
public hearing;
(5)
A public hearing is held before the Board of Aldermen with the
applicant (or agent) attending the public hearing.
b.
Findings. The Commission shall submit a report and
determination to the Board of Aldermen, which shall include a finding
that the use is or is not recommended, based on the following considerations:
(1)
Serve the convenience and general welfare of the public.
(2)
Serve the neighborhood in some degree.
(3)
Protect the neighborhood interest.
(4)
Alter the character or nature of development on the neighborhood
in a manner which is not negative.
(5)
Be in basic harmony with the various elements and objectives
of the land use plan.
(6)
Comply with the requirements established for that conditional
use which is stated in the permit.
4.
Time limit.
a.
Sunset. A special use permit shall expire, upon
public hearing, unless a building permit is taken within twelve (12)
months to effectuate such special permitted use; or if no building
permit is required, evidence of use is filed with the Building Inspector.
b.
Abandonment. Once a special permitted use ceases
or is abandoned for a period of more than twelve (12) months, the
special use permit shall expire upon public hearing; except that the
special use permit for an auto salvage yard shall automatically expire
if the State license for operating the auto salvage yard lapses for
a period of more than six (6) months.
c.
Home occupation. A special use permit for a home
occupation shall not be transferable to a new owner of the real estate.
d.
Expiration as a condition of the permit. A special
use permit shall expire on the date specifically stated in the conditions
listed on each permit.
B.
Conditions And Guarantees. Prior to granting of any special use permit by the Board of Aldermen, the Planning and Zoning Commission may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use permit as is deemed necessary for the protection of the public interest and to secure compliance with the standards and conditions contained herein. In all cases in which a special use permit is granted, the Planning and Zoning Commission may recommend or the Board of Aldermen may require such evidence and guarantees as may be deemed necessary to ensure that the conditions stipulated are being, and will be fully complied with. If the Commission and Board stipulate a time limitation for the special use permit, said special use permit shall be considered for renewal through the application process under Section 405.135(A)(3).
[Ord. No. 99-10 §2, 5-18-1999]
In interpreting and applying the provisions of this Chapter,
they shall be held to be the minimum requirements for the promotion
of the public safety, health, convenience, comfort, prosperity or
general welfare. It is not intended by this Chapter to interfere with
or abrogate or annul any easements, covenants or other agreement between
parties, provided however, that where this Chapter imposes a greater
restriction upon the use of buildings or premises or upon height of
buildings, or requires larger open spaces than are imposed or required
by other ordinances, rules or regulations or by easements, covenants
or agreements, the provisions of this Chapter shall govern.
[Ord. No. 99-10 §2, 5-18-1999]
The Board of Aldermen of Carl Junction shall provide for the
manner in which such regulations and restrictions and the boundaries
of such districts shall be determined, established and enforced and
from time to time amended, supplemented or changed. However, no such
regulation, restriction, or boundary shall become effective until
after a public hearing in relation thereto, at which parties in interest
and citizens shall have an opportunity to be heard. At least fifteen
(15) days' notice of the time and place of such hearing shall be published
in an official paper or a paper of general circulation in the City.
[Ord. No. 99-10 §2, 5-18-1999; Ord. No. 99-17 §1, 9-7-1999]
A.
A proposal
for an amendment of the text of the zoning regulation is initiated
by either the City Planning Commission or the Board of Aldermen of
the City of Carl Junction. A citizen may also begin the amendment
process by submitting the proposed change to the City Clerk, with
a request for consideration by either the Commission or Board of Aldermen
on the next regular meeting agenda.
If the change is initiated by a private citizen and taken before
the City Planning Commission, the individual shall be allowed to present
the proposed amendment at a regular meeting. The Commission, based
on the information presented, shall determine whether the proposal
should be considered as an amendment. If it is determined that the
proposal has merit, the Commission may set a date for the public hearing
and authorize the publication of the necessary public notice.
B.
Applications
for amendment, revision or change of the Zoning District Map of Carl
Junction may be made by any person, or his/her agent, who owns the
land sought to be rezoned. If such application is made by the owner's
agent, said agent shall enter upon the application the name and current
mailing address of the owner. Such application shall be made upon
forms as prescribed by the City Planning Commission and duly filed
with the City Clerk. Applicable filing fees will be paid upon filing.
C.
When
an amendment is initiated by the City Planning Commission, the Board
of Aldermen or a private citizen, a public hearing shall be scheduled
as soon as possible. The City Clerk shall be responsible for having
an official notice of the public hearing published in a newspaper
of general circulation at least fifteen (15) days prior to the hearing
and for following the administrative procedures for an amendment as
prescribed in these zoning regulations. The notice shall fix the time
and place of the hearing and describe in general terms the proposed
change. At the public hearing, citizens and parties of interest shall
have an opportunity to be heard.
The public hearing may be adjourned from time to time and upon
its conclusion the City Planning Commission shall prepare and adopt
its recommendation to the Board of Aldermen. The recommendation shall
be submitted along with an accurate record of the public hearing.
[Ord. No. 99-10 §2, 5-18-1999]
A.
In
case any building or structure is erected, constructed, reconstructed,
altered, converted or maintained, or any building, structure or land
is used in violation of Sections 89.010 to 89.140, RSMo., or of any
ordinance or other regulation made under authority conferred hereby,
the proper local authorities of the municipality, 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. Such regulations 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 the regulations made under authority of Sections 89.010 to 89.140,
RSMo.
B.
The
owner or general agent of a building or premises where a violation
of any provision of said regulations 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 ten dollars
($10.00) and not more than one hundred dollars ($100.00) for each
and every day that such violation continues, but if the offense be
willful on conviction thereof, the punishment shall be a fine of not
less than one hundred dollars ($100.00) or more than two hundred fifty
dollars ($250.00) for each and every day that such violation shall
continue, or by imprisonment for ten (10) days for each and every
day such violation shall continue, or by both such fine and imprisonment
in the discretion of the court.
