[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.
- ACCESSORY BUILDING OR USE
- 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.
- ADULT DAY CARE FACILITY
- 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.
- BUILDABLE WIDTH
- 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.
- BUILDING, HEIGHT OF
- 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.
- CHILD CARE FACILITY
- 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.
- CONDITIONAL USES
- 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.
- DWELLING, MULTIPLE-FAMILY
- A detached building designed for or occupied exclusively by three (3) or more families and affording a common entry.
- DWELLING, SINGLE-FAMILY
- 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.
- DWELLING, SINGLE-FAMILY ATTACHED
- 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.
- DWELLING, TWO-FAMILY
- A building designed for or occupied exclusively by two (2) families.
- DWELLING UNIT
- 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.
- FLOOR AREA
- 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.
- GARAGE SALE
- 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.
- HOME OCCUPATION
- 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.
- LODGING HOUSE
- 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.
- LOT, CORNER
- A lot abutting upon two (2) or more streets at their intersection.
- LOT, DEPTH OF
- The mean horizontal distance between the front and rear lot lines.
- LOT, DOUBLE FRONTAGE
- A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
- LOT OF RECORD
- 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.
- MANUFACTURED HOME
- 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.
- MANUFACTURED HOME PARK
- 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.
- MANUFACTURED HOME SITE
- A lot within a manufactured home park offered as a location for a single manufactured home in accordance with the district regulations therefor.
- MOTEL, MOTOR COURT, MOTOR LODGE OR TOURIST COURT
- 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.
- NON-CONFORMING USE
- 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.
- NURSING HOME
- 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.
- PARKING SPACE, OFF-STREET
- 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.
- PERMITTED USE
- 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.
- STORY, HALF
- 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.
- STRUCTURAL ALTERATION
- 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.
- YARD, FRONT
- 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.
- YARD, REAR
- A yard extending the full width of the lot between a main building and the rear lot line.
- YARD, SIDE
- 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]
The following procedures shall be followed in all applications to rezone property within the corporate limits of the City of Bowling Green, Missouri:
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.
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.
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.
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 (⅔) 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.
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.
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 (⅔) 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.
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.
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.
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]
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.
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]
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.
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.
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.
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]
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.
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 (⅔) of all the members of the Board of Aldermen.