City of Marshfield, MO
Webster County
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Table of Contents
Table of Contents
[R.O. 2014 §400.010; Ord. No. 201 §100, 11-14-1967]
These regulations constitute and may be referred to as "The Marshfield Zoning Code".
[R.O. 2014 §400.020; Ord. No. 201 §101, 11-14-1967]
The purpose of this Title and the regulations contained herein is to promote the health, safety, morals and general welfare of the City of Marshfield, and is adopted as part of a Comprehensive Development Plan for said City as provided in Chapter 89, RSMo.
These regulations are designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to preserve features of historical significance; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.
These regulations are made with reasonable consideration of the character of each district, and its peculiar suitability for particular uses, and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the City of Marshfield.
[R.O. 2014 §400.030; Ord. No. 201 §102, 11-14-1967; Ord. No. 738 §1, 6-8-1995]
For the purpose of these regulations, the City of Marshfield is divided into the following districts:
Residence Districts
"R-1" Single-Family District
"R-2" Two-Family District
"R-3" Multiple-Family District
"R-4" Patio Home District
Business Districts
"B-1" Neighborhood Business District
"B-2" Central Business District
"B-3" General Business District
Industrial Districts
"I-1" Light Industrial District
"I-2" Heavy Industrial District
"I-P" Planned Industrial District
Miscellaneous Districts
"A" Agricultural District
"P" Parking District
[R.O. 2014 §400.040; Ord. No. 201 §103, 11-14-1967; Ord. No. 579 §1 — 2, 9-13-1990; Ord. No. 975 §1, 4-11-2002; Ord. No. 979 §1, 5-9-2002; Ord. No. 981 §1, 5-23-2002; Ord. No. 985 §1, 8-8-2002; Ord. No. 1028 §1, 8-14-2003; Ord. No. 1097 §1, 11-18-2004; Ord. No. 1098 §1, 11-18-2004; Ord. No. 1099 §1, 11-18-2004; Ord. No. 1100 §1, 11-18-2004; Ord. No. 1116 §1, 2-24-2005; Ord. No. 1117 §1, 2-24-2005; Ord. No. 1118 §1, 2-24-2005; Ord. No. 1119 §1, 2-24-2005; Ord. No. 1126 §1, 4-28-2005; Ord. No. 1141 §1, 6-23-2005; Ord. No. 1142 §1, 6-23-2005; Ord. No. 1194 §1, 1-26-2006; Ord. No. 1199 §1, 2-9-2006; Ord. No. 1234 §1, 10-12-2006; Ord. No. 1270 §1, 5-10-2007; Ord. No. 1271 §1, 5-10-2007; Ord. No. 1298 §1, 8-9-2007; Ord. No. 1299 §1, 8-9-2007; Ord. No. 1305 §1, 10-11-2007; Ord. No. 1308 §1, 11-8-2007; Ord. No. 1320 §1, 1-24-2008; Ord. No. 1331 §1, 4-10-2008; Ord. No. 1337 §1, 5-8-2008; Ord. No. 1348 §1, 9-11-2008]
The districts as enumerated in Section 400.030 hereof shall be bounded and defined as shown on a map entitled "Zoning Map - Marshfield, Missouri". Said "Zoning Map" and all the notations, references and information shown thereon is hereby adopted as part of these regulations and is hereby made a part of this Title as fully as if set forth in full herein. The "Zoning Map" shall be certified to be authentic by the City Clerk of the City of Marshfield, and said map, with all changes, amendments or additions, shall be kept on file in the office of the City Clerk and shall be available for inspection and examination by members of the public at all reasonable times in the same manner as any other public document. Duplicate copies of the "Zoning Map" shall be kept on file in the office of the Planning and Zoning Commission and the office of the Building Inspector.
[R.O. 2014 §400.050; Ord. No. 201 §104, 11-14-1967]
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts on the Zoning Map, the following rules shall apply.
Where district boundary lines are indicated as approximately following streets or alleys, highways or railroads, such boundaries shall be construed as following the center-lines thereof.
Where district boundary lines are indicated as approximately following lot lines, or section lines, such lines shall be construed to be said boundaries.
Where a boundary of a district shall follow a stream, lake or other body of water, said boundary line shall be deemed to be at the limit or the jurisdiction of the City unless otherwise indicated.
Where a district boundary line divides a lot, or unsubdivided property, and the dimensions are not shown on the Zoning Map the location of such boundary shall be as indicated upon the Zoning Map using the scale appearing on such map or as indicated in notations on said map.
In any situation not covered by these rules, the boundary line shall be determined by the Building Inspector.
[R.O. 2014 §400.060; Ord. No. 201 §105, 11-14-1967]
In their interpretation and application, the provisions of these regulations shall be held to be minimum requirements. Except as specifically provided herein, it is not intended to repeal, abrogate, annul or in any way impair or interfere with any existing law or ordinance of the City of Marshfield or any easement, covenant or other agreement between parties; provided however, that where these regulations impose a greater restriction upon the use of buildings, or premises, or upon the height or bulk of buildings or requires larger building site areas, yards, or open spaces than are imposed or required by any such other law, ordinance, easement, covenant or agreement, then the provisions of these regulations shall control. Wherever the provisions of any other Statute or local ordinance or regulation require a greater width, or size of yard, courts, or other open spaces, or require a lower height of building or a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by these regulations, the provisions of such statute, local ordinance or regulation shall govern.
[R.O. 2014 §400.070; Ord. No. 201 §106, 11-14-1967; Ord. No. 221 §1, 9-10-1968]
Except as otherwise provided herein, it shall be unlawful to use any land or building for any purpose other than is permitted in the district in which such land or building is located.
No building shall hereafter be erected, reconstructed, relocated or structurally altered to have a greater percentage of lot area, to accommodate or have a greater number of facilities, to have narrower or smaller yards, courts or open spaces than permissible under the limitations set forth herein for the district in which such building is located.
No part of a yard, or other open space required for any building, existing or hereafter provided for a building or use, and necessary to meet or partially meet the requirements of these regulations, shall be included as part of a yard or other open space required for another building.
No lot which has been platted as of the effective date of these regulations, shall be reduced in dimension or area in relation to any building thereon so as to be smaller than that required by these regulations; if already less, the dimensions or area shall not be further reduced.
No building shall hereafter be erected, reconstructed, relocated or structurally altered on any lot or parcel unless such lot or parcel faces a publicly dedicated street or right-of-way having a width of at least forty (40) feet. Where a building is in existence, no such required dedicated street or right-of-way shall be vacated so as to eliminate the required access to a publicly dedicated street or right-of-way.
All unincorporated areas of land which shall hereafter be annexed to and become a part of the corporate area of the City of Marshfield shall automatically without any further action be zoned and classified as lying and being in a "R-1" District as herein defined and subject to all rules and regulations herein provided for "R-1" Districts. Upon any annexation becoming effective, the City Clerk shall immediately cause the "Zoning Map" of the City of Marshfield to be amended so as to reflect such classification and zoning as herein provided.
[R.O. 2014 §400.080; Ord. No. 201 §107, 11-14-1967; Ord. No. 415 §1, 10-9-1980; Ord. No. 738 §2, 6-8-1995; Ord. No. 1073 §1, 4-8-2004; Ord. No. 1105 §1, 1-13-2005; Ord. No. 1191 §1, 1-12-2006; Ord. No. 1375 §1, 5-14-2009; Ord. No. 1547 §1, 8-23-2012]
The following words shall have the prescribed meaning in this Title unless otherwise noted:
A detached subordinate building, located on the same lot with the main building, the use of which is customarily incidental to the main building or to the main use of the premises.
Any use which is customarily incidental to and subordinate to the main use of the premises.
Any structure, object or device erected, maintained or used for advertising purposes related to the permitted principal use of the premises upon which the advertising sign is located. This definition includes the terms "sign", "roof-signboard", "signboard", "advertising display", but does not include the term "billboard".
The growing of crops in the open and the raising of such stock and poultry as are incidental to the acreage farmed. The feeding or disposal of community or collected garbage shall not be deemed an agricultural use, nor shall riding academies, livery or boarding stables, or dog kennels be so considered.
A public thoroughfare which affords only a secondary means of access to abutting property.
Any change or modification in construction or occupancy.
A room or suite of rooms in a multiple dwelling, or any other building where more than one (1) living unit is established, intended, designed, used, or suitable for use by one (1) or more persons as a place of residence with culinary accommodations.
A building or portion thereof intended, designed, used or suitable for use as a residence for three (3) or more families living in separate apartments.
A story partly or wholly underground but having more than one-half (1/2) of its height below the average level of the adjoining ground.
A dwelling, structure or building, other than a hotel, under one (1) management, who may live on the premises, which contains rooms furnished for the short-term accommodation or lodging of guests, with meals being provided, and kept, used, maintained, advertised and held out to the public as a place where sleeping accommodations are provided for pay or compensation to transient guests. Term does not include boarding houses, hotels, motels or travel courts.
Any structure object or device erected, maintained or used for advertising purposes not related to a principal use of the premises upon which it is located.
A building or place, other than a hotel, where, by pre-arrangement and for compensation, lodging and/or meals for a definite period are provided for three (3) or more persons and such accommodations are not furnished to transient or overnight customers.
Dairy or beef cattle.
[Ord. No. 1572 §1, 2-14-2013]
A structure having a roof supported by columns or walls, intended, designed, used or suitable for use for the enclosure, shelter or protection of persons, animals, or property; and when separated by fire or division walls without any opening, each portion of such structure so separated shall be deemed a separate building.
The vertical distance from the highest of:
The average street curb level in front of the building,
The established or average street grade in front of the building in case the curb has not been established, or
The average elevation of the finished grade along the front of the building if it sets back from the street line, to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height between eaves and ridge of gable, hip, curved and gambrel roofs.
A building in which is conducted the principal use of the lot or parcel upon which it is situated. Every dwelling in the residence district is a main building.
The land area, consisting of one (1) or more lots, or part thereof, or parcels of land under common ownership or control, considered as the unit of land occupied or to be occupied by a main building or buildings and accessory buildings, or by a principal use and uses accessory thereto, together with such parking and loading spaces, yards and open spaces as are required by these regulations.
A section or sections of the City of Marshfield specifically declared within which the regulations governing the use of buildings and premises are uniform.
A type of retail sales which encourages, recognizes, or permits patrons or customers to call for service by the flashing of lights or by the parking of motor vehicles at a particular place, intended to result in a cash sale and delivery outside of the places of business to such patrons or customers of food or beverage ready and intended for immediate human consumption without cooking or further preparation.
A lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or any other means, and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles, or parts thereof or waste material of any kind.
Any building or portion thereof which is designed or used primarily for residential purposes.
Two (2) or more detached or attached single-family, two-family or multiple-family dwellings occupying a single building site and having yards or open space in common, but not including a motel or hotel or motor hotel.
A building or portion thereof designed with accommodations for or occupied by three (3) or more families living independently of each other who may or may not have joint services or facilities or both. The term includes dormitories but does not include hotels, motels and tourist courts.
A detached building or portion thereof designed for or occupied exclusively by one (1) family.
A building or semi-detached building or portion thereof designed or occupied exclusively by two (2) families living independently of each other.
Horses, mules and asses (also known as "donkeys").
[Ord. No. 1572 §1, 2-14-2013]
A lot line/property line that is located adjacent to a public street right-of-way for a lot within a subdivision.
The following living arrangements shall constitute a family:
One (1) or more persons related by blood, marriage, adoption or custodial relationship living as a single housekeeping unit; or
Two (2) unrelated persons, plus their biological, adopted or foster children or other minors for whom they have legally established custodial responsibility, living as a single housekeeping unit.
Any building or premises used solely or principally for the storage, dispensing, sale, or offering for sale, at retail of any automotive fuels, or lubricants and accessories. If such dispensing, sale or offering for sale is incident to the conduct of a public garage, the premises will be classified as a public garage.
Any accessory building designed or used only for the housing and storage of automobiles which are the property of, or provided for, the exclusive use of the occupants of the lot or premises upon which such building is located and having no provisions for the repairing or equipping of such vehicles.
Any building, portion of a building or premises designed, operated or used for commercial purposes in the storage, sale, hiring, care or repair of motor vehicles.
The Board of Aldermen of the City of Marshfield, Missouri. (The terms are synonymous.)
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.
Two (2) or more detached or attached dwellings occupying a single premises and having any yard or other open space in common, but not including a motel.
Any use customarily conducted entirely upon the premises and carried on by a member of a family, related by marriage or blood, residing in the dwelling, which use is clearly incidental and secondary to the use of the premises for dwelling purposes and which use neither changes the character thereof nor adversely affects the uses permitted in the district of which it is a part, no signs are displayed, except as permitted in this Title, no commodity is sold upon the premises, except that which is prepared on the premises; no outdoor display or storage of materials or supplies; no persons are employed; and no mechanical equipment is used that makes any loud, unnecessary, or unusual noise, or any noise which annoys, disturbs, injures, or endangers the comfort, repose, health, peace or safety of others.
Any building or portion thereof having a common entrance, lobby, halls, stairs, and elevators, which is designed or used to offer for hire, by the general public, rooms for temporary lodging of transient guests and in which no provisions are made for cooking in the individual rooms or apartments.
A lot line/property line between adjacent parallel lots/properties within a subdivision.
A lot, land or structure or part thereof used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal, or discarded material, or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.
A place or establishment, other than a pound or animal shelter, where domesticated household animals, not owned by the proprietor, are sheltered, fed, watered or groomed in return for a consideration.
A plan associated with a land development or parking facility plan indicating the placement of landscape materials, which may include, but not necessarily be limited to, plant and tree specifications, species, quantities, locations, screening opacity, and method of installation.
[Ord. No. 1821, 10-11-2018]
The smallest parcel of land shown as a unit on a recorded subdivision plat.
The total horizontal area within the lot lines of a lot.
A lot abutting upon two (2) or more streets at their intersection and shall be deemed to front on that street on which the lot has its least dimension unless otherwise specified by the Building Inspector.
A mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lines of the lot.
An internal lot having a frontage on two (2) streets.
A lot which does not constitute a corner or external lot.
A boundary line of a lot which coincides with a street boundary line. The word "street" as used in this definition shall not include alley unless it is at least forty (40) feet in width.
A boundary line of a lot which does not coincide with a street boundary line but may coincide with an alley line.
A boundary line of a lot which does not coincide with a street boundary line. The word "street" as used in this definition does not include alley unless it is at least forty (40) feet in width.
A corner lot, the rear lot line of which either abuts upon, or is directly across an alley from the side lot line of another lot or parcel.
The mean horizontal distance between the side lot lines, measured at right angles to the lot depth. Where side lot lines are not parallel, the minimum width of a lot shall be measured at the front yard setback line, but in no case shall the front lot line be less than thirty-five (35) feet in width.
All vehicles used or so constructed as to permit being used as conveyances upon the public streets and highways and duly licensable as such, and constructed in such manner as will permit occupancy thereof for human habitation, dwellings or sleeping places for one (1) or more persons, provided further that this definition shall refer and include all portable contrivances used or intended to be used generally for living and sleeping quarters and which are capable of being moved by their own power, towed or transported by another vehicle; provided that this definition shall not apply to any vehicle lawfully operated upon fixed rails.
Any area, tract, site or plot of land whereupon a minimum of twenty-five (25) mobile homes as herein defined are placed, located or maintained or intended to be placed, located or maintained for dwelling purposes only and upon a permanent or semi-permanent basis.
A mobile home which does not have a flush toilet and a bath or shower.
A mobile home which has a flush toilet and a bath or shower.
Any area, tract, site or plot of land whereupon a minimum of four (4) but less than twenty-five (25) mobile homes as herein defined are placed, located or maintained or intended to be placed, located or maintained for dwelling purposes.
Any plot of ground within a mobile home community or mobile home park designed for the accommodation of one (1) mobile home as herein defined.
A group of buildings including either separate cabins or a row of connected cabins or rooms which contain individual sleeping accommodations for transient occupancy and have individual entrances.
A building or portion of a building, arranged, intended or designed to be used for making repairs to motor vehicles.
The use of any building or premises which is lawful at the time of the effective date of this Title but which use does not conform with the regulations and requirements of this Title for the district where located. This definition shall have the same application to any amendments hereto.
A licensed dwelling where persons are housed or lodged and furnished with professional nursing and convalescent care for a fee.
That area of private property upon which this Title prohibits the location of any building or structure except as provided in supplementary regulations.
All contiguous lands (including lots and parts of lots) held in one (1) ownership.
An area other than a private parking area, street or alley, used for parking of automobiles and available for public or semi-public use.
A surfaced area of not less than two hundred (200) square feet on private or public property, either within or outside a building, suitable in size and location to store one (1) standard automobile.
A two-family residence constructed in an "R-4" Residential District constructed in conformance with all applicable City Building Codes, having a code conforming fire wall dividing said structure which said dividing fire wall is centered on the dividing lot line so that one (1) single-family residence (dwelling unit) is located on each side of said dividing lot line, with the left side of each such lot, when viewed from the street, to be designated by Lot No. ____A, and the right side to be designated by Lot No. ____B, with each side of said lot, including the single-family residence located thereon, being capable of being legally conveyed in fee simple, independently of the other side, without replatting, so that title to each side and dwelling unit may be held by a different owner or owners.
Any natural individual, firm, trust, partnership, association or corporation.
A map, plan or layout of a city, township, section, or subdivision indicating the location and boundaries of individual properties.
Accessory outbuildings for residential purposes not having a permanent footing or foundation in the ground and not being affixed to the ground except by rods or stakes. A detached subordinate building located on the same lot with the main building the use of which is customarily incidental to the main building or to the main use of the premises. Total buildings allowed shall be two (2). The combined total square footage shall not exceed three hundred (300) square feet.
A parcel together with all buildings and structures thereon. See "BUILDING SITE".
A facility for the recycling of waste paper, bottles, cans or other materials, including large scale collection and processing of recycled materials and reverse vending machines.
[Ord. No. 1642 §1, 9-25-2014]
Any local convenience retail sales and/or service uses, including, but not limited to, antique shops, bakery shops, barbershops, beauty salons, bookstores, cafes and coffee houses, clothing stores, commercial studios, drugstores, dry cleaning and laundry pickup stations, gifts and stationery shops, florists, furniture stores, grocery, supermarket, or other food stores, hardware stores, laundromats, paint stores, shoe stores, sporting goods stores, vehicle parts shops, and the like, which supply commodities or perform services.
[Ord. No. 1599 §2, 9-26-2013]
The distance extending across the full width of a lot, the depth of which shall be measured between the front line of the building and the street line of the street right-of-way.
Any words, numerals, figures, devices, designs or trademarks by which anything is made known, such as are used to designate an individual, firm, profession, business, or a commodity and which are visible from any public street or air. See "ADVERTISING SIGN" and "BILLBOARD".
A plan, to scale, that conceptually illustrates the development proposal for a property and which shows uses and structures as required by the regulations. Site plans may, include, but are not limited to, lot lines, streets, building sites/footprints and square footage, reserved open space, buildings, major landscape features (both natural and manmade) and, depending on the requirements, the locations of proposed utility lines, landscape areas and buffers, off-street parking, site access and circulations, and trash and service areas locations. The relationship of the proposed development to existing, surrounding developments should also be reflected. Note: Site plans relating to Telecommunications Regulations (Section 410.210) shall adhere to the provisions listing in that Section.
[Ord. No. 1821, 10-11-2018]
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 any floor and the ceiling next above it.
A story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two (2) feet above the floor of such story.
That area of land platted and dedicated for public use, or lawfully used, as a public thoroughfare for vehicular travel; excluding from this definition access ways commonly designated as alleys.
A means of reducing vehicle conflicts in lieu of providing Street Crossings. Street Jogs/Staggered Street Junctions may only be used in residential zoned districts as a means of maintaining a view or vista provided there is enough room between buildings and or building setback line that run parallel with the street and on opposite sides of the street to maintain continuous buildings and or building setback lines on either side.
The dividing line between a lot, tract or parcel of land and a contiguous street.
Anything fabricated, assembled, constructed or erected by the skill of man, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, including, but not limited to, buildings, advertising signs, billboards, poster panels, steak ovens, trash burners, radio towers, retaining walls, poles and fences.
Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders; any substantial change in the roof or in the exterior walls, excepting from this definition such alterations as may be required for the safety of the building.
A building or part of a building devoted to the showing of moving pictures on a paid admission basis.
An open lot or part thereof with its appurtenant facilities devoted primarily to the showing of moving pictures or theatrical productions on a paid admission basis to patrons seated in automobiles or on outdoor seats.
See "MOTEL".
A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.
The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any non-conforming use.
A street or an alley or other thoroughfare or easement permanently established for passage of persons or vehicles.
An open space on a lot, which is unoccupied and unobstructed from the ground upward, exclusive of that portion dedicated for public streets, except as otherwise provided in this Title.
A space extending across the entire front of a lot between the structure setback line as required by the regulations of a particular zoning district and the roadway right-of-way line.
In measuring a yard for the purpose of determining the width of a side yard or the depth of a front or rear yard; the horizontal distance between the side lot line, front lot line or rear lot line, respectively, and a line parallel thereto and passing through the nearest point of the building shall be used.
A space opposite the front yard, extending across the entire rear of a lot between the structure setback line as required by the regulations of a particular zoning district and the rear lot line.
A space extending between the structure setback line as required by the regulations of a particular zoning district and the side lot lines measured between the front yard and the rear yard.
An official or designated person responsible for administering and enforcing the zoning ordinance and subdivision regulations.
[Ord. No. 1821, 10-11-2018]
The terms "Zoning Commission" and "Planning Commission" are synonymous for the purposes of this Title.