[Ord. No. 782 §1 (Zoning Regs. Art. 3 §1), 7-31-1980; Ord. No. 2844 §I, 2-12-2009]
The district regulations hereinafter set forth in this Section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this regulation.
Chimneys, cooling towers, fire towers, grain elevators, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio and television towers or necessary mechanical appurtenances usually required to be placed above the roof level and not intended for human occupancy are not subject to the height limitations contained in the Schedule of District Regulations.
No accessory structure shall be erected in any required front or side yard and no detached accessory structure shall be erected closer than five (5) feet to any other building. Accessory structures may be located in the rear yard, but shall not be closer than five (5) feet to the rear lot line and shall not be closer to the side lot line than the required side yard setback of the district, except that if the structure has a vehicular alley entrance, the sum of the width of the alley and the setback of the structure shall not be less than twenty-five (25) feet. No accessory structure may occupy more than thirty percent (30%) of the required rear yard area.
PERMISSIBLE LOCATIONS FOR ACCESSORY BUILDING
No accessory structure shall be constructed upon a lot until the construction of the main building has been actually commenced and no accessory building shall be used for dwelling purposes.
Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers and the ordinary projections of chimneys and flues into the rear yard may be permitted by the Zoning Administrator for a distance of not more than three and one-half (3½) feet and where the same are so placed as not to obstruct light and ventilation.
Unless specifically prohibited elsewhere within the zoning regulations, where a lot or tract is used for other than single-family dwelling, more than one (1) principal use may be located upon the lot or tract but only when the building or buildings conform to all requirements for the district in which the lot or tract is located.
Whenever the number of employees is restricted in connection with any use in the neighborhood shopping or commercial districts, such maximum number applies only to employees principally engaged in processing, selling or treating materials or products on the premises and not to employees engaged in delivery or similar activities.
Radio and television towers shall be permitted in any district with a special use permit, providing the height of said radio or television tower does not conflict with any airport approach or landing zone or with any other regulations.
On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision across the "sight triangle" as defined in these regulations.
Major recreational equipment, including but not limited to, boats, boat trailers, campers, travel trailers, campers, pickup campers or coaches, camping buses or converted trucks, tent trailers or similar types of recreational vehicles shall not be parked or stored in a residential district except within an enclosed building or behind the principal structure. Further, no such travel trailer, camper, or recreational vehicle shall be utilized for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.
No land, which is located in a residential district, shall be used for a driveway, walkway or access to any land that is located in any business or industrial district.
The building setback lines shall be determined by measuring the horizontal distance from the property line to the furthest architectural projection of the existing or proposed structure.
Temporary uses permitted:
Street sales. The retail sale of merchandise not within an enclosed structure for a period not to exceed three (3) days. Street sales shall be approved by the Board of Aldermen. Street sale displays need not comply with the yard and setback requirements of these regulations, provided that no merchandise shall be displayed in the sight triangle.
Christmas tree sales. Christmas tree sales in any business or industrial district for a period not to exceed sixty (60) days. Christmas tree sales shall be approved by the Board of Aldermen. Display of Christmas trees need not comply with the yard and setback requirements of these regulations, provided that no trees shall be displayed within the sight triangle.
Contractor's office. Contractor's office and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project and to continue only during the duration of such project.
Real estate offices. Real estate offices (containing no sleeping or cooking accommodations unless located in a model unit) incidental to a new housing development to continue only until the sale or lease of all dwelling units in the development.
Seasonal sales. Seasonal sale of farm produce grown on the premises of an "A-L" District. Structures incidental to such sale need not comply with the applicable front yard requirements if the structures are removed back of the required front yard setback line at the end of the season during which they are used.
Carnivals and circuses. A carnival or circus for a period that does not exceed seven (7) days, including setup and removal. Carnivals and circuses shall be approved by the Board of Aldermen. Such use need not comply with the front yard requirements, provided that structures or equipment which might block the view of operators of motor vehicles on the public streets shall conform to the requirements of the sight triangle as defined by the regulations.
Additional seasonal sales and temporary vendors. If not otherwise listed in this Subsection, vendors shall be limited to "C-2" General Commercial District and "C-S" Highway Service District and subject to the following restrictions:
Vendor must submit for the approval of the Zoning Administrator a site plan showing conformance with the requirements of the zoning regulations and building codes.
No location shall be allowed to have a vendor if there is not adequate parking, water, sewer and electrical hookups.
No more than one (1) vendor per zoning lot at any given time.
Maximum time allowed per lot (not vendor) is one hundred eighty (180) days per calendar year.
In all districts permitting residents, the renting of not to exceed two (2) sleeping rooms with a total occupancy of not to exceed three (3) persons for whom board may be furnished, but with the prohibition of separate culinary accommodations for such tenants, shall be permitted for each dwelling unit except that the floor area of the rented space shall not exceed twenty-five percent (25%) of the total floor area of the dwelling.
[Ord. No. 782 §1 (Zoning Regs. Art. 3 §2), 7-31-1980]
The front yards heretofore established shall be adjusted in the following cases:
Where forty percent (40%) or more of the frontage on one (1) side of a street between two (2) intersecting streets is developed with buildings that have observed (with a variation of five (5) feet or less) a front yard greater in depth than herein required, new building shall not be erected closer to the street than the front yard so established by the existing buildings. Where a building cannot be erected as close to the street as is allowed by the district regulations because of the provisions of this paragraph, the Governing Body, upon petition signed by at least one (1) property owner in the block affected and after report on the same by the Planning Commission, may establish a front yard line for the block affected as close to the street as allowed by the district regulations for that block.
Where forty percent (40%) or more of the frontage on one (1) side of a street between two (2) intersecting streets is developed with buildings that have not observed a front yard as described above, then:
Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be an average of the otherwise required front yard setback for the zoning district and the line drawn between the two (2) closest front corners of the adjacent buildings on the two (2) sides, or
Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one (1) side only, the minimum front yard shall be an average of the otherwise required front yard setback for the zoning district and the actual front yard setback recognized by the subject adjacent building.
[Ord. No. 782 §1 (Zoning Regs. Art. 3 §3), 7-31-1980; Ord. No. 1394 §1, 8-11-1994; Ord. No. 1673, 8-14-1997]
Except as otherwise specifically provided in other codes and regulations, the following regulations shall apply to the construction of fences:
No fence shall be constructed which will constitute a traffic hazard or violate sight triangle standards.
No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals.
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.
No fence except fences erected upon public or parochial school grounds or in public parks and in public playgrounds shall be constructed at a height greater than eight (8) feet other than in the front setback area where no fence shall exceed a height greater than four (4) feet; provided however, that the Board of Adjustment may, by special use permit, authorize the construction of a fence higher than eight (8) feet if the Board finds the public welfare is preserved; provided further, that no fence in the required front yard setback shall be constructed at a height greater than six (6) feet.
All fences shall conform to the construction standards of the Building Code, if any.
Fencing materials and design — when compliance required by non-conforming fences. When a fence is required by these regulations for the purpose of separating zoning districts or to provide a site barrier to the operations or facilities conducted within the property, such fence shall be constructed only of the following materials and according to the following design standards:
Materials. Fences shall be constructed only of solid decorative masonry, brick or stone bound with mortar; louvered, solid or semi-solid wood; or chain link with aluminum strip intertwined; or other fencing which is substantially equivalent as approved by the Board of Aldermen and which provides a site barrier. For the purposes of these regulations, the term "semi-solid" shall mean a fence which, if an alternating, double-sided fence, has air-gaps which do not exceed more than twenty-five percent (25%) of the fence located between solid fencing materials and if a single-sided fence, has air-gaps which do not exceed more than ten percent (10%) of the fence located between solid fencing materials. All such gaps must be spaced substantially the same distance apart and be of substantially equal size along the entire length of the fence.
Design. All fences shall be constructed with a finished side facing outward from the property of the owner required to construct the same. The posts and support beams shall be on the inside and shall be designed as an integral part of the finished surface. If the fence is painted, stained or otherwise colored, the color shall be uniform throughout its length and on both sides of the fence.
Existing fences. All fences which exist within the City erected on or before the effective date of this Subsection in compliance with these regulations as in effect on the date of construction or which was constructed prior to the effective date of these regulations and which do not comply with the material requirements set forth in Subsection (6)(a) of this Section or design requirements set forth in Subsection (6)(b) of this Section shall be made conforming within five (5) years from the effective date hereof; provided, that any fence, the construction of which was first started or which was completed after the date of the first (1st) publication of notice of hearing before the Planning and Zoning Commission on the adoption of this Subsection (as amended) (said date being July 20, 1994) and which does not conform to the provisions of Subsections (6)(a) and (b) of this Section shall be made conforming within six (6) months after the effective date hereof.
Maintenance of fences required. All fences required or authorized to be constructed pursuant to these regulations (including those existing or under construction at the effective date of this Subsection) shall be maintained by the owner of the property erecting or required to erect the same. Such maintenance shall include keeping the same straight and upright and the replacement or repair of all damaged materials. If painted, fences shall be scraped and repainted on both sides with such regularity as is required to repair peeling or discoloration. Unpainted wooden fences shall be either commercially sealed or if not so sealed, then with a wood sealer or stained and in either case, shall be resealed or restained as required in order to minimize deterioration.
For the purpose of fencing regulations as set forth in the supplemental district regulations and as set forth in the Commercial and Industrial Zoning Districts of "C-S" Highway Service District, "C-1" Neighborhood Shopping District, "C-R" Residential Shopping District, "C-2" General Commercial District, "I-1" Light Industrial District and "I-2" Heavy Industrial District, the word "boundary" as used in any fencing regulation shall mean an exterior property line of a lot which lies between two (2) additional exterior property lines. To constitute a separate boundary, an exterior property line must change courses by an angle of forty-five degrees (45°) or more and continue along a course that does not again change by an angle of forty-five degrees (45°) or more for a distance which is the greater of:
The minimum width for a lot in the residential district ("R-1", "R-2", "R-3", "R-4", "MHD" and "MHS") which adjoins or is adjacent to a commercial or industrial tract which is required to be fenced under provisions of "C-S" Highway Services District, "C-1" Neighborhood Shopping District, "C-2" General Commercial District, "I-1" Light Industrial District and of "I-2" Heavy Industrial District; or
Fifty (50) feet.
[Ord. No. 782 §1 (Zoning Regs. Art. 3 §4), 7-31-1980; Ord. No. 3211 §I, 6-9-2015]
It is the intent of this regulation to prevent the repair, remodel, assembly, disassembly or storage or standing of any inoperable vehicle without a valid permit to work on the same, other than in an enclosed garage other than in a district permitting and regulating such occurrence.
A motor vehicle shall be determined as inoperable when it does not have a current State license plate or when it has a current State license plate, but is disassembled or wrecked in part or whole and is unable to move under its own power.
Inoperable vehicles may be stored or may stand only in a legally conforming auto wrecking yard or in a fully enclosed storage structure in any district of these regulations.
Notwithstanding the foregoing provisions, a property owner or tenant of a residential property may obtain a permit for the temporary open parking or storage of an inoperable vehicle for the purpose of repairing, remodeling, disassembly or assembly of the same.
Permits authorized by this Section may be obtained for periods not to exceed twelve (12) months; and inoperable vehicles properly permitted pursuant to this Section are subject to the following regulations:
No more than one (1) inoperable vehicle per property may be permitted for purposes of this Section at any one time; and
No inoperable vehicle may be permitted for purposes of this Section for any period to exceed twelve (12) months; and
Upon obtaining a permit for an inoperable vehicle for purposes of this Section, the holder of the permit must commence the repairs, remodeling, disassembly or assembly of the same within one-hundred-eighty (180) days of the issuance of the permit.
Inoperable vehicles that have been permitted for purposes of this Section may be parked or stored only in driveway spaces or behind the front elevation of the principal structure; and there will be no parking or storing of inoperable vehicles in any street or yard in front of the principal structure.
All inoperable vehicles that have been permitted for purposes of this Section must be fully covered with manufactured vehicle covers during all times wherein work is not being performed on the same. Tarps, blankets, or homemade covers may not be used to comply with the provisions contained herein.
Inoperable vehicles that have been permitted for purposes of this Section and that are parked or stored behind the principal structure will be subject to all setbacks applicable to accessory structures; and no inoperable vehicle permitted for purposes of this Section will be parked or stored less than three (3) feet from any adjacent property, whether public or private, in any event.
The Code Enforcement Officer may set forth a fee schedule for the temporary permit authorized by this Section, with the approval of the City Administrator; and such fee schedule may be adjusted from time to time by the Code Enforcement Officer, with the approval of the City Administrator. The application and the fee schedule for the temporary permit authorized by this Section will be available from the City Clerk's office.
Any permitted or unpermitted inoperable vehicle parked or stored in violation of the provisions of this Section will be deemed a public nuisance or declared a public safety hazard as the circumstances warrant; and such violations may be enforced pursuant to the applicable provisions of Sections 235.010 and 240.030 of the Bolivar Municipal Code. Additionally, the Code Enforcement Officer may revoke a holder's permit upon a violation of this Section. Before a permit may be repealed pursuant to these provisions, the Code Enforcement Officer will issue a notice providing the holder of the permit with the opportunity to commence work on the inoperable vehicle in a manner substantially similar to the procedures set forth in Section 500.375 of the Bolivar Municipal Code; and the holder of the permit may appeal the Code Enforcement Officer's decision in accordance with the procedures set forth in Section 500.378 of the Bolivar Municipal Code.
[Ord. No. 782 §1 (Zoning Regs. Art. 3 §5), 7-31-1980; Ord. No. 3229 §I, 8-13-2015]
The occupancy of a space by a mobile or manufactured home may be continued indefinitely; provided, however, that any space occupied by a mobile or manufactured home that becomes unoccupied, cannot be re-occupied by a structure that does not meet the requirements of the zoning district in which the property is located.
Editor's Note: Section IX of Ord. No. 3238 also provided an effective date of 1-1-2016.
[Ord. No. 782 §1 (Zoning Regs. Art. 3 §6), 7-31-1980]
The display, storage, sale or advertising of merchandise, products or materials shall not be permitted on public property, such as street rights-of-way, alleys or other public use land unless as a temporary use approved by the Board of Aldermen as required above. Any unapproved display, storage, sale or advertising of merchandise, goods, products or materials shall be discontinued and removed from the public premises immediately upon adoption of these regulations.
[Ord. No. 782 §1 (Zoning Regs. Art. 3 §7), 7-31-1980; Ord. No. 2619, 4-13-1996]
A business, profession or trade conducted for gain or support entirely within a residential building is subject to the following use limitations:
In all residential districts.
No commodities shall be displayed or sold on the premises except that which is produced and displayed solely within the confines of the residential structure.
No mechanical or electrical equipment shall be used other than that which is normally used for purely domestic or household purposes.
No outdoor storage of materials or equipment used in the home occupation shall be permitted.
No structural alteration of the principal residential building shall be made which changes the character thereof as a residence.
The home occupation shall be carried on entirely within the principal residential structure and under no circumstances shall the home occupation be carried on within a detached accessory building or the unimproved areas of the premises.
In the "R-1", "R-2", "R-3" and "MHS" Residential Districts.
In all other districts permitting residents. No stock-in-trade except articles produced by persons occupying such dwelling as their residence shall be displayed or sold on the premises.
Particular home occupations permitted. Customary home occupations include, but are not limited to, the following list of occupations; provided however, that each listed occupation is subject to the requirements of Subsections (1), (2) and (3) of this Section:
Dressmakers, seamstresses and tailors.
Music teachers, provided that instruction shall be limited to no more than five (5) pupils at a time.
Dance and drama instructors, provided that instruction shall be limited to not more than ten (10) pupils at one time.
Artists, sculptors, authors and composers.
Offices for architects, engineers, lawyers, realtors, insurance agents, brokers and members of similar professions.
Ministers, rabbis and priests or other recognized clergy.
Offices for salesmen, sales representatives, manufacturers' representatives when no retail or wholesale transactions are made on the premises.
Home crafts, such as model making, rug weaving, lapidary work, etc., provided that no machinery or equipment shall be used other than that which would customarily be used in connection with the above home crafts when pursued as a hobby or avocation.
Day care homes, except that the care provided to more than four (4) children but not more than ten (10) children shall be subject to a special use permit issued by the Board of Adjustment and a valid day care License for such home issued by the State of Missouri.
Barbershops and beauty parlors.
Particular home occupations prohibited. Permitted home occupations shall in no event include the following (list is illustrative only and not intended to be exhaustive of prohibited home occupational activities):
Nursery schools, unless specifically permitted by the district regulations.
Small grocery stores.
Stables or kennels.
Tourist homes, unless specifically permitted by the district regulations.
Renting of trailers or equipment.
Animal kennels or hospitals.
Auto and other vehicle repair.