[Ord. No. 1892 Zoning Regs. Art. 2 §1, 4-7-1997]
A.
Rules.
1.
In the construction of these regulations, the provisions and rules
of this Section shall be preserved and applied, except when the context
clearly requires otherwise:
a.
Words used in the present tense shall include the future.
b.
Words in the singular number include the plural number, and words
in the plural number include the singular number.
c.
The phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", "maintained for", and "occupied for".
d.
The word "shall" is mandatory.
e.
The word "may" is permissive.
f.
The word "person" includes individuals, firms, corporations,
associations, governmental bodies and agencies, and all other legal
entities.
g.
The word "Board" means the Board of Adjustment.
h.
Unless otherwise specified, all distances shall be measured horizontally.
i.
The word "City" means City of Savannah, Missouri.
j.
The abbreviation "N/A" means not applicable.
2.
Any word or phrase which is defined in these regulations shall have
the meaning as so defined whenever the word or phrase is used in these
regulations, unless such definition is expressly limited in its meaning
or scope.
B.
Interpretation.
1.
Minimum requirements. In their interpretation and
application, the provision of these regulations shall be held to be
the minimum requirements for the promotion of the public health, safety,
morals and welfare.
2.
Overlapping or contradictory regulations. Where
the conditions imposed by any provision of these regulations upon
the use of land or structures are either more restrictive or less
restrictive than comparable conditions imposed by other provision
of any other law, ordinance, resolution, rule or regulations of any
kind, the regulations which are more restrictive shall govern.
3.
Private agreement. These regulations are not intended
to abrogate, annul or otherwise interfere with any easement, covenant
or any other private agreement or legal relationship; provided however,
that where the provisions of these regulations are more restrictive
(or impose higher standards or requirements) than such easements,
covenants or other private agreements or legal relationships, the
provisions of these regulations shall govern.
4.
Unlawful uses. No structure or use which was not
lawfully existing at the time of the adoption of these regulations
shall become or be made lawful solely by reason of the adoption of
these regulations; and to the extent that, and in any respect that,
said unlawful structure or use is in conflict with the requirements
of these regulations, said structure or use remains unlawful hereunder.
[Ord. No. 1892 Zoning Regs. Art. 2 §2, 4-7-1997]
For the purpose of this zoning regulation, certain terms or words used herein shall be interpreted or defined as follows, unless the context clearly indicates otherwise. For definitions of use types as specified in Article V "Use Regulations", see Section 405.250.
A subordinate structure which serves a function customarily
incidental to that of the main structure. Customary accessory structure
includes garages, carports, and small storage sheds.
A dedicated public right-of-way, other than a street, which
provides only a secondary means of access to abutting property, the
right-of-way of which is twenty (20) feet or less in width.
Alteration, as applied to a structure, is a change or rearrangement
in the structural parts of an existing structure. Enlargement, whether
by extending a side, increasing in height, or the moving from one
location or position to another, shall be considered as an alteration.
That portion of a structure having more than one-half (½)
of its height below grade.
That Board which has been created by the Board of Aldermen
having jurisdiction and which has the statutory authority to hear
and determine appeals and variances to the zoning regulations.
The Board of Aldermen of the City of Savannah, Missouri.
An area of land or water or combination thereof planned for
passive or active recreation, which does not include areas utilized
for streets, alleys, driveways or private roads, off-street parking
or loading areas. However, the area of recreational activities such
as swimming pools, tennis courts, shuffleboard courts, etc., may be
included as common open space.
A permit issued by the Zoning Administrator with the authorization
of the Board of Aldermen. A conditional use permit provides permission
under special conditions to make certain conditional uses of land
in certain zoning districts as stipulated in each of the district
zoning regulations.
A single dwelling unit under individual ownership within
a multiple dwelling unit structure. A multiple-family structure with
two (2) condominiums shall be considered a two-family dwelling and
a structure with more than two (2) condominiums shall be considered
a multiple-family dwelling.
A physical or mental impairment which substantially limits
one (1) or more of such person's major life activities, a record of
having such an impairment, or being regarded as having such an impairment.
Such term does not include current, illegal use of or addiction to
a controlled substance, as defined in Section 102 of the Controlled
Substance Act (21 U.S.C. 802); or any person assigned to a community
corrections program or diversion program, on parole from a correctional
institution or on probation for a felony offense, or in a State mental
institution following a finding of not guilty by reason of insanity.
A section or sections of the zoning area for which these
regulations governing the use of land, the height of structures, the
size of yards and the intensity of use are uniform.
Any canine species over twelve (12) months of age.
A structure or portion thereof, not including manufactured
homes, which is designed and used exclusively for residential purposes.
A residential structure having accommodations for and occupied
exclusively by more than two (2) families, independently.
A residential structure having accommodations for and occupied
exclusively by one (1) family.
A residential structure having accommodations for and occupied
exclusively by two (2) families, independently.
A dwelling designed as a complete structure below or partially
below ground level, whose perimeter walls comply with the yard requirements
of the district in which it is located.
A permanent or temporary grant of right by a landowner to
the public, a corporation or other persons of the use of a portion
of a lot or tract of land for specified purposes where title to said
portion of the lot or tract of land remains with the landowner.
Residents who are at least sixty-two (62) years of age.
One (1) or more persons related by blood, marriage, or adoption,
living together as a single housekeeping unit; or a group of not more
than four (4) unrelated persons living together as a single housekeeping
unit; plus, in either case, usual domestic servants. A family shall
under no circumstances be construed as a boarding house, fraternity
or sorority house, club, lodging house, hotel, motel or commune.
A protective, confining or decorative barrier separate from
any structure and not including any living plant material.
For computing off-street parking requirements, means the
gross floor area of the structure measured from the exterior faces
of the exterior walls or from the centerline of walls separating two
(2) structures and shall include the following areas:
A dwelling or structure in which more than twelve (12) hour
care is provided to no more than five (5) children, one (1) or more
of which are unrelated to the foster parents. Foster homes shall be
permitted in all residential structures, the same as would a family.
The length of the property abutting on one (1) side of a
street measured along the dividing line between the property and the
street.
The Board of Aldermen of Savannah, Missouri.
A business, profession, service or trade conducted for gain
or support entirely within a residential structure and which is clearly
incidental and secondary to the use of the residential structure for
dwelling purposes.
A lot abutting upon two (2) or more streets at their intersection.
The mean horizontal distance between the front and the rear
lot lines.
A lot having a frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
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Figure 1 — Lot Types and Setbacks
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A lot which is a part of a subdivision, the plat of which has been recorded in the office of the Recorder of Deeds; or a lot described by metes and bounds, the description of which has been recorded in the office of the Recorder of Deeds prior to the adoption of the various zoning regulations for the City as set out in Article III "General Provisions".
A parcel or tract of land used, developed, or built upon
as a unit under single ownership or control. Said parcel or tract
may consist of one (1) or more lots of record, one (1) or more portions
of a lot or lots of record, or any combination thereof; and shall
be contiguous parcels.
A structure which does not comply with the lot size requirements
or bulk regulations applicable to new structures in the zoning district
in which it is located.
An existing use of a structure or land which does not conform
with the regulations of the district in which it is situated as established
by this regulation or any amendments hereto.
The City of Savannah Planning and Zoning Commission as established in Section 400.043 of this Chapter.
Any business which furnishes the general public
A vehicular type unit primarily designed as temporary living
quarters for recreational, camping or travel use, which either has
its own motive power or is mounted on or drawn by another vehicle.
Examples are travel trailers, camping trailers, truck campers, and
motor homes. Manufactured homes and modular homes shall not be considered
trailers or recreational vehicles.
A strip of land occupied or intended to be occupied by a
street, alley, crosswalk, railroad, road, electric transmission line,
oil or gas pipeline, water main, sanitary or storm sewer, or for another
conditional use.
The required minimum horizontal distance between the structure
line and the related front, side, or rear property line.
An area at a street intersection in which nothing shall be
erected, placed, planted, or allowed to grow in such a manner as to
materially impede vision between a height of two and one-half (2½)
feet and eight (8) feet above the grades of the outside edge of the
street surface of the intersecting streets, measured from the point
of intersection of the centerline of the streets, ninety (90) feet
in each direction along the centerline of the streets. The City Engineer
shall establish sight distance triangles based upon standards in the
policy manual published by the American Association of State Highway
and Transportation Officials (AASHTO).
Any device which shall display or include any letter, word,
model, banner, flag, pennant, insignia, device, or representation
used as, or which is in the nature of, an advertisement or announcement
which directs attention to an object, product, place, activity, person,
institution, organization, or business, but shall not include any
display of official notice or official flag.
Any public highway, esplanade, boulevard, parkway, square
or street, or any part or side, or part of the side, of any of the
same.
A dividing line between a lot, tract, or parcel of land and
the contiguous street.
Any change in the supporting members of a structure, such
as bearing walls or partitions, columns, beams, or girders, or any
complete rebuilding of the roof or the exterior walls. For the purpose
of this regulation, the following shall not be considered a structural
alteration:
Anything constructed or erected, the use of which requires
permanent location on the ground or attachment to something having
a permanent location on the ground, but not including fences or public
items such as utility poles, street light fixtures, and street signs.
The vertical dimension measured from the average elevation
of the finished lot grade at the front of the structure 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 average height between the
plate and ridge of a gable, hip, or gambrel roof.
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Figure 2 — Vertical Dimensions of Structure Heights
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A town house, the total land area beneath the town house
and the facilities associated with the town house.
A grouping of three (3) or more town houses.
See "RECREATIONAL VEHICLE".
A space on the same lot with a main structure, open, unoccupied
and unobstructed by structures from the ground upward.
A yard extending across the full width of the lot, the depth
of which is the least distance between the street right-of-way and
the structure setback line.
A yard extending across the full width of the lot, the depth
of which is the least distance between the rear lot line and the rear
setback line.
A yard extending from the front yard, or front lot line where
no front yard is required, to the rear yard.
A section of the zoning area for which uniform regulations
governing the use, height, area, size, and intensity of use of structures,
land, and open space are herein established.
The person or persons authorized and empowered by the Board
of Aldermen to administer the requirements of these zoning regulations.
The area to be zoned as set out on the official Zoning Map
filed of record.
The term "zoning regulations" or "this or these regulations" shall mean the requirements
stipulated in the regulations herewith attached, and shall mean the
lawfully adopted zoning ordinances of the City of Savannah.
