[CC 1988 §29-3; Ord.
No. 2788 §2, 10-21-1985; Ord. No. 3195 §1, 10-24-1994]
A. For
the purpose of regulating and restricting the erection, construction,
reconstruction, alteration or use of buildings, structures or land
and regulating and restricting the location of trades and industries,
and the location and design of buildings for specific purposes, and
to regulate and limit the height and bulk of buildings, and the area
of yards and other open spaces, and to regulate and limit the intensity
of the use of the lot areas, the City is hereby divided into districts
as follows:
1. Agricultural District.
District "A-1" — Agricultural Activities
2. Residential Districts
District "R-1" — One-Family Dwelling District
District "R-2" — One-Family Dwelling District
District "R-3" — Two-Family Dwelling District
District "R-4" — Multiple-Family District
3. Commercial and Office Districts.
District "C-1" — Office and Professional District
District "C-2" — Downtown Commercial District
District "C-3" — General Commercial District
4. Industrial Districts.
District "M-1" — Light Manufacturing District
District "M-2" — General Manufacturing
5. Overlay Districts.
District "PUD" — Planned Unit Development
District "FP" — Flood Plain District
[CC 1988 §29-4; Ord.
No. 2788 §2, 10-21-1985]
A. The
boundaries of the districts are shown upon the map which is hereby
designated as the "Zoning District Map" and which map and all notations,
references and information shown thereon are hereby made as much a
part of this Chapter as if the same were set forth in full herein.
B. The
original "Zoning District Map" is properly attested and is on file
with the City Clerk.
C. If,
in accordance with procedures of this Chapter and of Chapter 89, RSMo.,
as amended, a change is made in a zoning district boundary, such change
shall be made by the City Manager or his/her designee promptly after
the ordinance authorizing such change shall have been adopted by the
City Council and published, with an entry on the "Zoning District
Map".
[CC 1988 §29-5; Ord.
No. 2788 §2, 10-21-1985]
A. Where
uncertainty exists as to the boundaries of zoning districts as shown
on the "Zoning District Map", the following rules shall apply:
1. The district boundaries are the midpoints of streets or alleys unless
otherwise shown, and where the districts designated on the map are
bounded approximately by street or alley lines, the midpoint of the
street or alley shall be construed to be the boundary of the district.
2. Where 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 "Zoning District Map" are
bounded approximately by lot lines, the lot lines shall be construed
to be the boundary of the districts unless the boundaries are otherwise
indicated on the map.
3. In unsubdivided property, the district boundary lines on the "Zoning
District Map" shall be determined by use of the scale appearing on
the map.
4. When the boundary line approximately follows the corporate boundary
line of the City, it shall be construed as following the corporate
boundary line.
5. Where a district boundary line divides a lot which is in single ownership
at the time of the adoption or amendment of this Chapter, the City
Council may permit as a conditional use the extension of the regulations
for either portion of the lot to the nearest lot line, but not to
exceed fifty (50) feet beyond the district line into the remaining
portion of the lot.
6. Where a physical or cultural feature existing on the ground is at
variance with that shown on the "Zoning District Map" or in any other
circumstances not covered in paragraphs (1 — 5) above, the City
Council shall interpret the zoning district boundary.
[CC 1988 §29-6; Ord.
No. 2788 §2, 10-21-1985; Ord. No. 3720 §1, 3-19-2007; Ord.
No. 4733, 11-15-2021]
A. Notorized
Petition Requesting Annexation; Zoning District Designation.
1. The City Council may annex unincorporated areas which are contiguous
and compact to the existing corporate limits upon notarized petition
requesting such annexation signed by the owners of all fee interest
of record and all tracts located within the area to be annexed.
2. All properties annexed pursuant to this voluntary annexation procedure
shall have an automatic zoning district designation of R One-Family
Dwelling District.
B. All properties proposed for annexation into the City not annexed pursuant to Section
405.070(A) shall go through two (2) public hearings to establish zoning of the property proposed for annexation. The City shall make available standard application forms for a petition to voluntarily annex and establish the zoning classification of property in the City of De Soto. The City may request additional information as necessary to study and review the petition; at a minimum the application and petition shall include the following upon submission:
1. A processing fee in the amount of one hundred dollars ($100.00) plus
publication cost;
2. Title search and/or related title work establishing ownership;
3. Copy of the legal description of the property sought for annexation;
4. Descriptive maps illustrating the property proposed for annexation
and zoning; and
5. Detailed information establishing the intent and proposed use of
property upon annexation, including any relative information for the
City to review the impact on City streets and infrastructure.
C. Upon
receipt of an application and petition to annex and zone property,
the City shall evaluate the request to verify that it is contiguous
to the City limits and to evaluate the ability to provide municipal
services and if any other additional conditions shall be assigned
upon annexation.
D. Upon
receiving an application and petition for annexation and to establish
the zoning classification of property in the City of De Soto, a public
hearing will be held with the Planning and Zoning Commission. The
Planning and Zoning Commission will make a zoning recommendation to
the City Council where a joint public hearing with Planning and Zoning
and City Council will be held not less than fourteen (14) days following
the public hearing. If written objections are not filed with the City
within fourteen (14) days after the joint public hearing, the Council
may then deny or approve the annexation ordinance.
[CC 1988 §29-7; Ord.
No. 2788 §2, 10-21-1985; Ord. No. 3753 §1, 1-14-2008]
Whenever any street, alley or other public way is vacated by
official action of the City Council, the zoning district adjoining
each side of such street or public way shall be automatically extended
to the center of such vacation, and all area included in the vacation
shall then and henceforth be subject to a twenty (20) foot dedicated
easement.
[CC 1988 §29-8; Ord.
No. 2788 §3, 10-21-1985]
A. Except
as hereafter provided:
1. No buildings shall be erected, moved, constructed reconstructed or
structurally altered, nor shall any building or land be used for any
purpose other than that which is permitted in the district in which
such building or land is situated.
2. No building shall be erected, moved, constructed, extended, enlarged,
reconstructed or structurally altered which violates the height, yard,
area or off-street parking or loading regulations established in this
Chapter for the district in which such building is situated.
3. The minimum yards, parking spaces, and open spaces including lot
area per family required by this Chapter for each building shall not
be encroached upon or considered as part of the yard or parking space
or open space required for any other building, nor shall any lot area
be reduced below the requirements of this Chapter for the district
in which such lot is located.
4. Every building hereafter erected or structurally altered shall be
located on a lot, as herein defined, and in no case shall there be
more than one (1) main building on one (1) lot, except as provided
herein.