[CC 1996 §405.010; CC 1977 §42.010; Ord. No. 617 §1, 1-7-1980; Ord. No. 1105 §§I — II, 5-10-1999; Ord. No. 1258 §I, 1-21-2002]
For the purposes of this Chapter, certain terms and words are
hereby defined. Words used in the present tense shall include the
future; the singular number shall include the plural and the plural
the singular; the word "building" shall include the
word "structure" and the word "shall" is mandatory and not directory.
A subordinate building or use which is incidental to the
principal building or use, and which is located on the same lot with
such principal building or use.
A building or structure where care, protection and supervision
are provided, on a regular schedule, at least twice per week to disabled
or elderly (age sixty (60) or older) adults.
A public or private thoroughfare which affords a secondary
means of access to abutting property.
A story having part but not more than one-half (½)
of its height below grade. A basement is counted as a story for the
purpose of height regulation if subdivided and used for dwelling purposes
other than by a janitor employed on the premises.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
upon the same lot.
The width of the lot left to be built upon after the side
yards are provided.
Any structure having a roof supported by columns or walls
built for the support, shelter or enclosure of persons, animals, chattels
or property of any kind, but not including any vehicle, trailer (with
or without wheels) nor any movable device, such as furniture, machinery
or equipment. When any portion of a building is completely separated
from any other portion thereof by a division wall without openings
or by a fire wall, then each such portion shall be deemed to be a
separate building.
The vertical distance from the grade to the highest point
of the coping of a flat roof, or the deck line of a mansard roof,
or to the mean height level between eaves and ridge for gable, hip
and gable roof.
A story having more than one-half (½) of its height
below grade.
A building or structure where care, protection and supervision
are provided, on a regular schedule, at least twice per week to not
more than six (6) children not related to the child care provider.
A use so designated by this Chapter which may be permitted
after review and approval by the Board of Adjustment following a public
hearing when it is determined by the Board of Adjustment that the
location is not in conflict with the comprehensive plan for zoning
the City of Bowling Green, the public health, safety, morals and general
welfare will not be adversely affected, and that the necessary safeguards
for protection of surrounding property, persons and neighborhood values
are provided.
Any building or portion thereof which is designed and used
exclusively for residential purposes.
A detached building designed for or occupied exclusively
by three (3) or more families and affording a common entry.
A building designed for or occupied exclusively by one (1)
family; and 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; and
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 detached building containing three (3) or more dwelling
units separated by a common or party wall, with each such dwelling
unit providing independent, as distinguished from common, entry. The
term is intended primarily for row houses and town houses.
A building designed for or occupied exclusively by two (2)
families.
One (1) or more rooms in a dwelling occupied or intended
to be occupied as separate living quarters by a single family as defined
herein.
One (1) or more persons related by blood, marriage or adoption
occupying a dwelling unit as an individual housekeeping organization.
A family may include not more than two (2) persons not related by
blood, marriage or adoption.
An area which is used for the growing of the usual farm products,
such as vegetables, fruit, trees and grain and their storage on the
area, as well as for the raising thereon of the usual farm poultry
and farm animals, such as horses, cattle, sheep and swine. The term "farming" includes the operating of such an area for one
(1) or more of the above uses, including dairy farms, with the necessary
accessory uses for treating or storing the produce; provided however,
that the operation of such accessory uses shall be secondary to that
of the normal farming activities, and provided further that farming
does not include the feeding of collected garbage or offal to swine
or other animals.
The total number of square feet of floor space within the
exterior walls of a building, not including space in cellars or basement
except that when such space is used for business or commercial purposes,
it shall be counted as floor area in computing off-street parking
requirements.
All the property on one (1) side of a street between two
(2) intersecting streets (crossing or terminating) measured along
the line of the street, or if the street is dead-ended, then all of
the property abutting on one (1) side between an intersecting street
and the dead end of the street, but not including property more than
four hundred (400) feet distant on either side of a proposed building
or structure.
The public offering for sale of more than three (3) items
of personal property upon real estate zoned residential.
The average level of the finished surface of the ground adjacent
to the exterior walls of the building, except when any wall approximately
parallels and is not more than five (5) feet from a street line, then
the elevation of the street at the center of the wall adjoining the
street shall be grade.
Any occupation or profession carried on by a member of the
immediate family, residing on the premises, in connection with which
there is used no sign other than a nameplate, or no display that will
indicate from the exterior that the building is being utilized in
whole or in part for any purpose other than that of a dwelling; there
is no commodity sold upon the premises; no person is employed other
than a member of the immediate family residing on the premises; and
no mechanical equipment is used except such as is permissible for
purely domestic household purposes.
A building in which lodging is provided and offered to the
public for compensation, and which is open to transient guests.
A building occupied by a non-profit corporation or a non-profit
establishment for public use.
A building or place where lodging and boarding is provided
for compensation for three (3) or more, but not exceeding twelve (12)
individuals, and not open to transient guests.
A parcel of land occupied or intended for occupancy by a
use permitted in this Chapter, including one (1) main building together
with its accessory buildings, open spaces and parking spaces required
by this Chapter, and having its principal frontage upon a street.
A lot abutting upon two (2) or more streets at their intersection.
The mean horizontal distance between the front and rear lot
lines.
A lot having a frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
A lot or parcel of land, the deed of which has been recorded
in the office of the County Recorder of Pike County, Missouri, prior
to the adoption of this Chapter.
A factory-built structure designed for use and occupancy
as a single-family dwelling unit that is manufactured under the authority
of the National Manufactured Housing Construction and Safety Standards
Act of 1974, 42 U.S.C. 5401, as amended, or applicable successor Statutes,
is transportable in one (1) or more sections, and is built upon a
permanent chassis, but which is not constructed with a permanent hitch
or other device allowing transport other than for the purpose of delivery
to a permanent site, and which does not have wheels or axles permanently
attached to its body or frame.
A parcel of land under single ownership that has been planned
and improved in accordance with the district regulations therefor
for the placement of manufactured homes for dwelling purposes.
A lot within a manufactured home park offered as a location
for a single manufactured home in accordance with the district regulations
therefor.
Any building or group of buildings containing guest rooms
or dwelling units, some or all of which have a separate entrance leading
directly from the outside of the building with garage or parking space
conveniently located on the lot and designed, used or intended wholly
or in part for the accommodation of automobile transients.
Any building or land lawfully occupied by a use at the time
of passage of this Chapter or amendment thereto which does not conform
after the passage of this Chapter or amendment thereto with the use
regulation of the district in which it is situated.
A home for the aged or infirm, in which three (3) or more
persons not of the immediate family are received, kept or provided
with food and shelter or care, for compensation; but not including
hospitals, clinics or similar institutions.
An area, enclosed or unenclosed, sufficient in size to store
one (1) automobile, together with a driveway connecting the parking
space with a street, road or alley and permitting ingress and egress
of an automobile.
A use listed in the permitted uses regulations of the applicable
zoning district. A permitted use is allowable within that zoning district
to the extent conforming with other applicable district requirements
and supplemental regulations of this Chapter.
A lot, together with all buildings and structures thereon.
An identification, description, illustration or device which
is affixed to or represented directly or indirectly upon a building,
structure or land, and which directs attention to a product, place,
activity, person, institution or business.
That portion of a building, other than a cellar, 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
the floor and the ceiling next above it.
A space under a sloping roof which has the line of intersection
of roof decking and wall face not more than three (3) feet above the
top floor level, and in which space not more than sixty percent (60%)
of the floor area is finished off for use. A half story may be used
for occupancy only in conjunction with and by the occupancy of the
floor immediately below.
A public way which affords the principal means of access
to abutting property.
Any change except those required by law or ordinance, that
would prolong the life of the supporting members of a building or
structure, such as bearing walls, columns, beams or girders, not including
openings in bearing walls as permitted by other ordinances.
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 and including, but not limiting
the generality of the foregoing, advertising signs, billboards, backstops
for tennis courts and pergolas.
An open space on the same lot with a building unoccupied
and unobstructed by any portion of the structure from the ground upward,
except as otherwise provided in this Chapter.
A yard across the full width of the lot extending from the
front line of the main building to the front line of the lot.
A yard extending the full width of the lot between a main
building and the rear lot line.
A yard between the main building and the side line of the
lot and extending from the front yard line to the rear yard line.
[Ord. No. 1561 §§I —
II, 5-21-2007]
A.Â
The
following procedures shall be followed in all applications to rezone
property within the corporate limits of the City of Bowling Green,
Missouri:
1.Â
Printed application blanks for rezoning shall be supplied to the
applicant by the City. A person or entity can file an application
for rezoning only if they own the property or are under a contract
for the purchase of said property or have an ownership interest in
said property. The City shall charge a non-refundable fee in the amount
of two hundred dollars ($200.00) upon receipt of an application for
rezoning property in the City. The City shall bill the applicant for
any recording fees that may be incurred.
2.Â
The City Clerk shall forthwith submit the application to the Planning
and Zoning Commission and shall notify the applicant of the date and
time the application is to appear on the Planning and Zoning Commission
agenda.
3.Â
Applicant may appear at the Planning and Zoning Commission hearing
and the meeting of the Board of Aldermen to answer questions with
regard to the application and to explain his/her rezoning proposal.
4.Â
Such regulations, restrictions and boundaries may from time to time
be amended, supplemented, changed, modified or repealed. In case,
however, of a protest against such change duly signed and acknowledged
by the owners of thirty percent (30%) or more either of the areas
of the land (exclusive of streets and alleys) included in such proposed
change or within an area determined by lines drawn parallel to and
one hundred eighty-five (185) feet distant from the boundaries of
the district proposed to be changed, such amendment shall not become
effective except by the favorable vote of two-thirds (â…”) of
all the members of the Board of Aldermen. The provisions of Section
89.050, RSMo., relative to public hearing and official notice shall
apply equally to all changes or amendments.
5.Â
The Planning and Zoning Commission shall make its final report and
recommendation to the Board of Aldermen on its findings and the Board
of Aldermen shall take no action on the application until such report
or recommendation is submitted. The Board of Aldermen shall cause
a notice to be published in a local newspaper at least fifteen (15)
days prior of a public hearing to consider the recommendation.
B.Â
At
the public hearing held by the Board of Aldermen, the recommendation
of the Planning and Zoning Commission shall be announced and considered
by the Board of Aldermen and the applicant and other interested persons
may be heard on the proposed zoning change. Again, if thirty percent
(30%) or more of the owners within one hundred eighty-five (185) feet
of the property sought to be rezoned, exclusive of streets and alleys,
have protested in writing, duly signed and acknowledged, then two-thirds
(â…”) of the members of the Board of Aldermen must vote in favor
of the zoning change in order to enact such a change. If the vote
of the Board of Aldermen is in opposition to the proposed zoning change,
then no further action is necessary by the Board of Aldermen. If the
vote is in favor of the proposed zoning change, an ordinance is signed
by the appropriate City Officials and is in full force and effect
from that day forward.
C.Â
Land
use regulations, ordinances and restrictions may from time to time
be amended, supplemented, changed, modified or repealed. The provisions
of Section 89.050, RSMo., relative to public hearing and official
notice shall apply equally to all changes or amendments.
D.Â
There
shall be a ninety (90) day waiting period for a rezoning request of
the same zoning district that has been previously denied by the Planning
and Zoning Commission and Board of Aldermen. The ninety (90) days
shall start from the day the request was denied by the Board of Aldermen.
E.Â
Rezoning Application. The rezone application, on file in
the City offices, shall be utilized for rezoning property. The application
may be amended by the City Administrator from time to time as needed.
[Ord. No. 1557 §§I —
II, 3-19-2007; Ord. No.
1691 §§I — II, 6-18-2012]
A.Â
Any
request for voluntary annexation submitted to the City of Bowling
Green, Missouri, pursuant to Section 71.012, RSMo., shall be accompanied
by a cost deposit of two hundred dollars ($200.00) for processing
said request, unless such request is made at the direction of the
City, then the processing fee is waived.
B.Â
The
annexation application is on file in the City offices and shall be
utilized for voluntary annexations. The application may be amended
by the City Administrator from time to time as needed.
[Ord. No. 1697 §§I —
II, 8-20-2012]
A.Â
Purpose. To allow adjustments to be made to lot lines of
platted lots or other lawful parcels for the purpose of adjusting
the sizes of building sites; however, it is not intended that extensive
re-platting be accomplished by use of this Section.
C.Â
Procedure.
1.Â
A boundary adjustment may be accomplished by plat or by deed, but
must include an adequate legal description of the boundaries of the
original lots and of the adjusted lots.
2.Â
The boundary adjustment plat or deed shall be submitted to the Administrative
Officer for review prior to its recording with the Recorder of Deeds
of Pike County.
D.Â
Lots In Non-Compliance. Boundary adjustments shall be allowed
for lawful lots existing in non-compliance with minimum area, frontage,
and dimensional requirements of these regulations of the Zoning Code
and Subdivision Regulations, provided that the resulting adjustment
of lot lines does not increase the degree of non-compliance with the
Zoning Code and these regulations.
[CC 1996 §405.140; CC 1977 §42.150]
A.Â
The
Board of Aldermen may from time to time, on its own motion or on petition,
amend, supplement, change, modify or repeal by ordinance the boundaries
of districts or regulations or restrictions herein established. Any
proposed amendment, supplement, change, modification or repeal shall
first be submitted to the City Planning and Zoning Commission for
its recommendations and report. If the City Planning and Zoning Commission
makes no report within thirty (30) days, it shall be considered to
have made a report approving the proposed amendment, supplement, modification
or change. Upon the filing of the recommendations and report by the
City Planning and Zoning Commission with respect to any proposed amendment,
supplement, change, modification or repeal, the Board of Aldermen
shall proceed to hold a public hearing in relation thereto giving
at least fifteen (15) days' notice of the time and place of such hearing,
which notice shall first be published in a newspaper having a general
circulation in the City of Bowling Green.
B.Â
In
case of an adverse report by the City Planning and Zoning Commission
or if a protest against such proposed amendment, supplement, change,
modification or repeal shall be presented in writing to the City Clerk,
duly signed and acknowledged by the owners of thirty percent (30%)
or more either of the area of the land (exclusive of streets, places
and alleys) included within such proposed amendment, supplement, change,
modification or repeal or within an area determined by lines drawn
parallel to and one hundred eighty-five (185) feet distant from the
boundaries of the district proposed to be changed, such amendment,
supplement, change, modification or repeal shall not become effective
except by the favorable vote of two-thirds (â…”) of all the members
of the Board of Aldermen.
