[Ord. No. 468-2011 §1, 3-15-2011; Ord. No. 159-2021, 4-6-2021]
For the purposes of this Chapter, the following words and terms
as used herein are defined to mean the following:
Words used in the present tense include the future; words in
the singular number include the plural; and words in the plural number
include the singular; the word "building" includes
the word "structure"; the word "shall" or the word "must" is mandatory and not directory;
the term "used for" includes the meaning "designated for" or "intended for."
A subordinate building having a use customarily incident
to and located on the lot occupied by the main building; or a use
customarily incident to the main use of the property. A building housing
an accessory use is considered an integral part of the main building,
when it has any part of a wall in common with the main building, or
is under an extension of the main roof and designed as an integral
part of the main building.
A minor way which is used primarily for vehicular service
access to the back or side of properties otherwise abutting on a street.
Any addition, removal, extension, or change in the location
of any exterior wall of a main building or accessory building.
An antenna, usually a dish antenna, whose purpose it is to
receive communication or other signals primarily from orbiting satellites.
A room or a suite of rooms within an apartment house arranged,
intended or designed for a place of residence of a single-family or
group of individuals living together as a single housekeeping unit.
An apartment house which furnishes for the use of its tenants
services ordinarily furnished by hotels, but the privileges of which
are not primarily available to the public.
A building arranged, intended, or designed for more than
two (2) families.
A facility where six (6) or less children, including a maximum
of three (3) children under the age of two (2), are cared for a financial
fee.
A story below the first (1st) story as defined under "STORY" counted as a story for height regulations if subdivided
and used for dwelling purposes other than by a janitor or watchman
employed on the premises.
A piece or parcel of land entirely surrounded by public highways
or streets, other than alleys. In cases where the platting is incomplete
or disconnected, the Building Inspector shall determine the outline
of the block.
A building other than a hotel, occupied as a single housekeeping
unit, where lodging or meals are provided for five (5) or more persons
for compensation, pursuant to previous arrangements, but not for the
public or transients.
An enclosed structure, anchored to permanent foundation,
and having exterior or party walls and a roof, designed for the shelter
of persons, animals or property. When divided by other than common
contiguous walls, each portion or section of such building shall be
regarded as a separate building, except that two (2) buildings connected
by a breezeway shall be deemed as one (1) building.
A building, group of buildings or property in which units
are owned individually and the common elements are owned by all the
owners on a proportional, undivided basis.
An open, unoccupied space, other than a yard, bounded on
three (3) or more sides by exterior walls of a building, or by exterior
walls of a building and lot lines on which walls are allowable.
The mean level of the curb in front of the lot, or in case
of a corner lot, along that abutting street where the mean curb level
is the highest.
A building or portion thereof designed exclusively for residential
occupancy, including one-family, two-family and multiple dwellings,
boarding and lodging houses, apartment houses and apartment hotels,
but not hotels or trailers.
A building or portion thereof arranged, intended or designed
for occupancy by three (3) or more families, including apartment houses,
row houses, tenements and apartment hotels.
A detached building arranged, intended, or designed for occupancy
by one (1) family. Single-family dwelling or single-family residence,
shall include, but not be limited to, 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. Single-family
dwelling or single-family residence, shall include, but not be limited
to, any private residence licensed by the Division of Family Services
or Department of Mental Health to provide foster care to one (1) or
more but less than seven (7) children who are unrelated to either
foster parent by blood, marriage or adoption.
A building arranged, intended, or designed for occupancy
by two (2) families.
One (1) or more persons who are related by blood or marriage,
living together and occupying a single housekeeping unit with single
kitchen facilities, or a group of not more than five (5) (excluding
servants) living together by joint agreement and occupying a single
housekeeping unit with single kitchen facilities, on a non-profit
cost-sharing basis.
Whether owned by a sole proprietor or other legal entity,
is a child care program where care is given by a person licensed as
a family child care home provider for no more than ten (10) children
for any part of the twenty-four (24) hour day.
A building or portion thereof, other than a public, private
or storage garage, providing storage for motor vehicles with facilities
for washing, but not other services, such garage to be in lieu of
private garages within a block or portion of block.
An accessory building for storage only of motor vehicles.
A building or portion thereof designed or used for the storage,
sale, hiring, care or repair of motor vehicles, which is operated
for commercial purposes.
A building or portion thereof, except those defined as a
private, a public, or a community garage, providing storage for more
than four (4) motor vehicles, with facilities for washing but no other
services.
Whether owned by a sole proprietor or other legal entity,
is a child care program where care is given by a person licensed as
a group child care home provider for not more than twenty (20) children
for any part of the twenty-four (24) hour day. A group child care
home shall be in a location other than the provider's permanent residence
or separate from the provider's living quarters.
A dwelling project consisting of three (3) or more buildings,
to be constructed on a plot of ground which is not subdivided into
customary streets or lots, or where the existing or contemplated street
or streets or lot layouts make it impractical to apply the requirements
of this Chapter to the individual building units in such housing project.
The vertical distance measured from the highest of the following
three (3) levels:
From the street curb level;
From the established or mean street grade in case the curb has
not been constructed; or
From the average finished ground level adjoining the building
if it sets back from the street line; to the level of the highest
point of the roof beams of flat roofs or roofs inclining not more
than one (1) inch to the foot, or to the mean height level of the
top of the main plates and highest ridge for other roofs.
The vertical distance from the lowest level of such yard
or court to the highest point of any boundary wall.
A building not for the public or transients other than a
hotel, boarding house, lodging house or nursing home with a single
kitchen facility operating on other than a family unit basis, where
lodging and means are provided for persons who have reached the age
of retirement as defined under the "Social Security Act."
A building occupied or used as a more or less temporary abiding
place of individuals or groups of individuals who are lodged, with
or without meals, and in which there are more than nine (9) sleeping
rooms, and no provisions for cooking in individual rooms.
A parcel of land occupied or to be occupied by one (1) main
building or unit group of buildings, and the accessory buildings or
uses customarily incident thereto, including such open spaces as are
required under this Chapter, and having its principal frontage upon
a public street or approved place. A lot as used herein may consist
of one (1) or more platted lots, or tract or tracts, as conveyed,
or parts thereof.
A lot abutting upon two (2) or more streets at their intersection.
A corner lot shall be deemed to front on that street on which it has
least dimension, unless otherwise specified by the Building Inspector.
The mean horizontal distance from the front street line to
the rear line.
A lot whose boundary lines, along their entire length, touched
lands under other ownership as shown by plat or deed recorded in the
office of the Recorder of Deeds of Newton County on or before the
date of the adoption of this Chapter.
A lot whose side lines do not abut upon any street.
The boundary between a lot and the street on which it fronts.
The boundary line which is opposite and most distance from
the front street line; except that in the case of uncertainty the
Building Inspector shall determine the rear line.
Any lot boundary line not a front or rear line thereof. A
side line may be a party lot line, a line bordering on an alley or
place or a side street line.
An interior lot having frontage on two (2) streets.
The lines bounding a lot as defined herein.
The horizontal distance between side lines, measured at the
front building line.
Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
seed thereof and resin extracted from the plant and marijuana-infused
products. Marijuana does not include industrial hemp containing a
crop-wide average tetrahydrocannabinol concentration that does not
exceed three-tenths of one percent (3/10 of 1%) on a dry-weight basis,
or commodities or products manufactured from industrial hemp.
Products that are infused with marijuana or an extract thereof
and are intended for use or consumption other than by smoking, including,
but not limited to, edible products, ointments, tinctures and concentrates.
A facility licensed by the State of Missouri to acquire,
cultivate, process, store, transport, and sell marijuana to a dispensary
facility, marijuana testing facility or to a marijuana-infused products
manufacturing facility.
[Ord. No. 375-2023, 1-17-2023]
A facility licensed by the State of Missouri to acquire,
store, sell, transport and deliver marijuana, marijuana-infused products
and drug paraphernalia used to administer marijuana as provided for
in this Chapter to a customer, another licensed marijuana dispensary
facility, a marijuana testing facility or a marijuana-infused products
manufacturing facility.
[Ord. No. 375-2023, 1-17-2023]
A facility licensed by the State of Missouri, to acquire,
store, manufacture, transport and sell marijuana-infused products
to a marijuana dispensary facility, a marijuana testing facility,
or to another marijuana-infused products manufacturing facility.
[Ord. No. 375-2023, 1-17-2023]
A facility certified by the State of Missouri, to acquire,
test, certify and transport marijuana.
[Ord. No. 375-2023, 1-17-2023]
A structure transportable in one (1) or more sections, which
when erected on site measures eight (8) feet or more in width and
is designed to be used as a dwelling, with or without a permanent
foundation, when connected to the required utilities, and includes
the plumbing, heating, air-conditioning, and/or electrical systems
contained therein.
A parcel of land for the placement of one (1) mobile home,
its accessory building or structures, and accessory equipment for
the exclusive use of the occupants.
A contiguous parcel of land which has been developed for
the placement of two (2) or more mobile homes and is owned by an individual,
a firm, trust, partnership, public or private association or corporation.
Structures built or erected from one (1) or more three-dimensional
cubical or box-shaped units which are substantially factory-finished
and require only to be connected together at the building site.
A building with two (2) or more tourist sleeping units at
which the required parking areas are located.
See "RECREATIONAL VEHICLES."
A use, building or yard which does not, by reason of design,
use, or dimensions, conform to the regulations of the district in
which it is situated. It is a legal non-conforming use if established
prior to the passage of this Chapter.
A private home, institution, building, residence or other
place, whether operated for profit or not, which provides, through
its ownership or management, maintenance, personal care or nursing
for three (3) or more individuals not related to the operator, who
by reason of illness, physical infirmities or advanced age are unable
to care for themselves; or provides sheltered care to three (3) or
more individuals not related to the operator, which includes treatment
or services which meet some need of the individual beyond the basic
requirements for food, shelter and laundry.
An open, unoccupied space other than a street or alley permanently
established or dedicated as the principal means of access to property
abutting thereon.
A vehicular type unit including motor homes and any self-propelled
vehicle 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. The basic entities are travel trailer,
camping trailer, truck camper and motor home.
Any words, numerals, figures, devices, designs or trademarks
by which information is made known, such as are used to identify a
building, structure or object, or designate or mention an individual,
profession, firm, business or commodity.
An accessory building for the keeping of horses, ponies,
mules or cows, owned by occupants of the premises, and not kept for
remuneration, hire or sale.
A structure in which horses or ponies, used exclusively for
pleasure riding or driving, are housed, boarded or kept for remuneration,
hire or sale.
That part of a building included between the surface of one (1)
floor and the surface of the floor next above, or if there be no floor
above, that part of the building which is above the surface of the
highest floor thereof. A top story attic is a half story when the
main line of the eaves is not above the middle of the interior height
of such story. The first (1st) story is the highest story having its
interior floor surface not more than four (4) feet above the curb
level, established or mean street grade, or average ground level,
as mentioned in "height of buildings" of this Section.
A thoroughfare which affords principal means of access to
property abutting thereon.
The dividing line between the street and the abutting property.
Any alteration involving a change in or addition to the supporting
members of a building, such as bearing walls, columns, beams or girders.
Anything constructed or erected, which requires location
on the ground, or attached to something having a location on the ground;
including, but not limited to, signs, and excepting utility poles,
fences and retaining walls.
See "MOBILE HOME" for definition.
See "MOBILE HOME PARK" for definition.
A tract or parcel of land upon which two (2) or more tourist
sleeping units and the required parking areas are located.
Relief from or variation of the provisions of these regulations,
other than use regulations, as applied to a specific piece of property,
as distinct from rezoning, as further set out hereinafter in powers
and duties of the Board of Adjustment.
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward, except as otherwise provided. In measuring
a yard for the purpose of determining the width of a side yard, the
depth of a front yard or the depth of a rear yard, the least horizontal
distance between the lot line and the main building shall be used.
Where lots abut a street that is designated a major street on the
major street plan, all yards abutting said major street shall be measured
from a line one-half (1/2) the proposed right-of-way width from the
centerline, or from the lot line, whichever provides the greater setback.
On other lots all yards abutting a street shall be measured from a
line twenty-five (25) feet from the centerline, or from the lot line,
whichever provides the greater setback.
A yard across the full width of the lot from the front line
of the main building to the front line of the lot.
A yard between the rear lot line and the rear line of the
main building and the side lot lines.
A yard between the main building and the adjacent side line
of the lot, and extending entirely from a front yard to the rear yard.
[Ord. No. 468-2011 §1, 3-15-2011]
These regulations shall be known and may be cited as the Zoning
Code of Neosho, Missouri.
[Ord. No. 468-2011 §1, 3-15-2011; Ord. No. 160-2021, 4-6-2021]
For the purpose of regulating and restricting the use of land
and the erection, construction, reconstruction, alteration, moving
or use of buildings, structures, or land, all lands within the corporate
limits of Neosho are hereby divided in thirteen (13) districts as
follows:
|
District "AG"
|
Agriculture District
|
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District "R-1"
|
First Dwelling House District
|
|
District "R-2"
|
Second Dwelling House District
|
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District "R-3"
|
Apartment House District
|
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District "T-1"
|
Towers
|
|
District "C-O"
|
Non-Retail District
|
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District "C-1"
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Retail Business District
|
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District "C-2"
|
General Business District
|
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District "C-3"
|
Commercial Business District
|
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District "C-P"
|
Planned Business District
|
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District "M-1"
|
Light Industrial District
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District "M-2"
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Heavy Industrial District
|
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District "M-H"
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Mobile Home Park District
|
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Any use not listed herein may be placed in a suitable district
classification by the Council, after recommendation of the Planning
and Zoning Commission.
|
[Ord. No. 468-2011 §1, 3-15-2011]
A.Â
Boundaries of the districts, as enumerated in Section 405.030 of this Chapter, are hereby established as shown on a map prepared for that purpose, which map is hereby designated as the Zoning District Map; and said map and all the notations, references and information pertaining to zoning shown thereon are hereby made as much a part of this Chapter as if the same were set forth in full herein. The City Planning and Zoning Commission shall keep on file in their offices an authentic copy of said map, and all changes, amendments or additions thereto.
B.Â
When
definite distances in feet are not shown on the Zoning District Map,
the district boundaries are intended to be along existing street,
alley or platted lot lines, or extensions of the same, and if the
exact location of such lines is not clear, it shall be determined
by the Building Inspector, due consideration being given to location
as indicated by the scale of the Zoning District Map.
C.Â
When
streets or alleys on the ground differ from the streets or alleys
as shown on the Zoning District Map, the Building Inspector may apply
the district designations on the map to the streets or alleys on the
ground in such manner as to conform to the intent and purpose of this
Chapter.
D.Â
Whenever
any street or alley is vacated, the particular district in which the
adjacent property lies shall be automatically extended to the centerline
of any such street or alley.
[Ord. No. 468-2011 §1, 3-15-2011]
A.Â
Except
as hereinafter provided:
1.Â
No building or structure shall be erected, constructed, reconstructed,
moved or altered, nor shall any building, structure or land be used
for any purpose other than is permitted in the district in which such
building, structure or land is situated.
2.Â
No building or structure shall be erected, constructed, reconstructed,
moved or altered to exceed the height or area limit or the yard or
parking requirement herein established for the district in which such
building or structure is located.
3.Â
No lot area shall be reduced or diminished so that the yards or other
open spaces shall be smaller than prescribed by these requirements,
nor shall the density of the population be increased in any manner,
except in conformity with the area regulations established herein.
4.Â
Every building hereafter erected or 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.
