City of Seymour, MO
Webster County
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Table of Contents
Table of Contents
[Code 1999 §405.010; CC 1979 §300.000; Ord. No. 471 §300.000, 5-11-1995]
For the purpose of promoting the health, safety, morals or general welfare, these regulations are designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements, all in accordance with the Comprehensive Plan of the City of Seymour.
[Code 1999 §405.020; CC 1979 §300.000; Ord. No. 471 §300.000, 5-11-1995]
This Chapter shall apply to all land within the corporate limits of the City of Seymour.
[Code 1999 §405.030; CC 1979 §300.000; Ord. No. 471 §300.000, 5-11-1995]
All territory which may hereafter be annexed to the City shall be zoned "R-1" until such time as a public hearing is held and the property is rezoned to another classification.
[Code 1999 §405.040; CC 1979 §§300.100 — 300.164; Ord. No. 471 §§300.100 — 300.164, 5-11-1995; Ord. No. 662 §1, 6-30-2011]
For the purposes of these regulations, the following terms and words are hereby defined as follows:
Words used in the present tense shall include the future tense; words in the singular include the plural and words in the plural include the singular, except where the natural construction of the writing indicates otherwise. The word "shall" is mandatory and not directory. Any word not herein defined shall be as defined in any recognized standard English dictionary.
ACCESSORY BUILDING AND USE
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.
ACCESSORY LIVING QUARTERS
Living quarters within an accessory building, for the sole use of person(s) employed on the premises, having no kitchen facilities, and not rented or otherwise used as a separate dwelling.
ALLEY
A permanent public serviceway which affords only a secondary means of access to abutting property.
APARTMENT HOTEL
A building or portion thereof used for or containing both individual guest rooms or suites of rooms and dwelling units designed for more or less temporary occupancy.
BASEMENT
A story partly underground and having no more than one-half (½) of its height above the average level of the adjoining ground.
BILLBOARD
A structure primarily used as a flat surface upon which advertisements are pasted, painted, or otherwise affixed.
BOARDING HOUSE
A building, other than a hotel, where lodging and meals for five (5) or more persons are served for compensation. A boarding house may also include the dwelling unit occupied by the owner or operator.
BUILDABLE AREA
That portion of a lot remaining after required yards have been provided.
BUILDING
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 portion thereof by division wall without openings, then each such portion shall be deemed to be a separate building.
BUILDING, DETACHED
A building having no party wall in common with another building.
BUILDING, HEIGHT OF
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 ridges 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.
BUILDING, NON-CONFORMING
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.
BUILDING, SEMI-DETACHED
A building having one (1) party wall in common with an adjacent building.
BUILDING SETBACK LINE
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.
CAMPGROUND
Any area of a tract of land used to accommodate two (2) or more camping parties, including cabins, tents, house trailers, or other camping outfits.
CELLAR
A structure having more than one-half (½) of its height below the average level of the adjoining ground.
CEMETERY
Land used for the burial of the dead and dedicated for cemetery purposes, including mausoleums when used in conjunction with and within the boundary of such cemetery.
CITY
The City of Seymour, Missouri.
COMMISSION
The Seymour Planning and Zoning Commission.
CURB LEVEL
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.
DWELLING
A building or portion thereof used exclusively for residential occupancy, including single-family, two-family, multi-family, and mobile home dwellings, but not including hotels, motels, lodging or boarding houses, or tourist homes.
DWELLING, MOBILE HOME
A detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, and the like. A travel trailer is not to be considered as a mobile home.
DWELLING, MULTI-FAMILY
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 homes, and row houses.
DWELLING, SINGLE-FAMILY
A detached building used for residential occupancy by one (1) family.
DWELLING, TWO-FAMILY
A detached or semi-attached building used for residential occupancy by two (2) families living independently of each other.
DWELLING UNIT
A building or portion thereof used by one (1) family for cooking, living and sleeping purposes.
EDUCATIONAL INSTITUTION
Pre-primary, primary or grammar, public, parochial, or private school, high school or 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 by this Chapter.
FAMILY
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.
FILLING STATIONS
Buildings and premises where gasoline, oil, grease, batteries, tires, and vehicle accessories may be supplied and dispensed at retail.
GARAGE, PARKING OR STORAGE
Any building, except one herein defined as a private garage, used exclusively for parking of vehicles and with not more than four (4) pumps for the incidental sale of motor fuel.
GARAGE, PRIVATE
A detached accessory building or portion of a main building used for the storage of vehicles where the capacity does not exceed three (3) 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-third (⅓) the total number of vehicles stored in such garage shall be commercial vehicles. 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 accessory.
GARAGE, PUBLIC OR REPAIR
Any premises, except those described as a private or parking garage, used for the storage or care of vehicles, or where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.
GROUND FLOOR AREA
The square foot area of a building within its largest outside dimensions, exclusive of open porches, breezeways, terraces, garages, exterior stairways and secondary stairways.
GROUP HOME
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.
HOME OCCUPATION
An occupation in a dwelling unit, provided that:
1. 
No person other than members of the family residing on the premises shall be engaged in such occupation.
2. 
The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five percent (25%) of the floor area of the dwelling unit shall be used in the conduct of the home occupation.
3. 
There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one (1) sign not exceeding one (1) square foot in area, non-illuminated, and mounted flat against the wall of the principal building.
4. 
No home occupation shall be conducted in any accessory building.
5. 
There shall be no sales in connection with such home occupation.
HOSPITAL
Includes "sanitarium", "sanitorium" or "clinic", provided such institution is operated by, or treatment is given under direct supervision of a physician licensed to practice by this State.
HOTEL
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.
JUNKYARD, INCLUDING VEHICLE WRECKING
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.
LODGING HOUSE
A building, other than a hotel, where lodging, without meals, for five (5) or more persons is provided for compensation.
LOT
A parcel of land defined by metes and bounds or boundary lines in a recorded deed or on a recorded plat fronting on a street. In determining lot area and boundary lines no part thereof within the limits of the street shall be included.
LOT, CORNER
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.
LOT, INTERIOR
A lot other than a corner lot.
LOT LINES
The lines bounding a lot as defined herein.
LOT OF RECORD
A lot which is a part of a subdivision, the map of which has been recorded in the office of the County Recorder of Webster County.
LOT, THROUGH
An interior lot having frontage on two (2) parallel or approximately parallel streets.
LOT WIDTH
The distance parallel to the front of a building erected or to be erected, measured between side lot lines at the building line.
MANUFACTURED HOME
A factory-built structure or structures which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, contains three hundred twenty (320) or more square feet, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the manufactured home placed thereon may be moved from time to time at the convenience of the owner.
MOBILE HOMES
A transportable, factory-built home designed to be used as a residential dwelling and built prior to the enactment of Federal Manufactured Home Construction and Safety Standards Act of 1974.
MODULAR UNIT
A transportable building unit designed to be used by itself or to be incorporated with similar units at a point-of-use into a modular structure to be used for residential, commercial, educational or industrial purposes. This definition shall not apply to structures under six hundred fifty (650) square feet used temporarily and exclusively for construction site office purposes.
MOTEL
A permanent building or group of buildings containing rooms used, rented or hired out for the more or less temporary occupancy of overnight guests.
PARKING AREA, PUBLIC
An open area, other than a street, used for the temporary parking of more than four (4) vehicles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.
PARKING SPACE (OFF-STREET)
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.
PLACE OR COURT
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.
PROFESSIONAL OFFICE
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.
SIGN
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.
STABLE, PRIVATE
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.
STABLE, PUBLIC
A stable with a capacity for more than two (2) horses.
STORY
That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it.
STREET
A thoroughfare which affords principal means of access to abutting property.
STRUCTURAL ALTERATIONS
Any change in either the structural members of a building, such as bearing walls, columns, beams or girders, or in the roof and exterior walls.
STRUCTURE
Anything constructed or erected, the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground.
TOURIST HOME
A building in which more than one (1) but not more than five (5) guest rooms are used to provide or offer overnight accommodations of transient guests for compensation.
TRADE OR BUSINESS SCHOOL
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 instrumental music, dancing, barbering or hairdressing or 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.
USES, NON-CONFORMING
An existing use of land or building which was legal prior to the tenth (10th) day of May, 1979, but which fails to comply with the regulations set forth in this Chapter applicable to the district in which such use is located.
YARD
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.
YARD, FRONT
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 porch or paved terrace.
YARD, REAR
A yard extending across the full width of the lot between the rear most 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.
YARD, SIDE
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.