[CC 1976 App. A §3.01; Ord. No. 2449 §1, 11-14-1988; Ord. No. 90-75 §1, 12-10-1990]
The City is hereby divided into the following Zoning Districts
as shown on the Official Zoning Map, which together with all explanatory
matter shown thereon is hereby adopted by reference and declared part
of this Chapter.
|
District Classification
|
Code Designation
|
|---|---|
|
"R-1" Single-Family Residential (20,000 square feet)
|
"R-1"
|
|
"R-2" Single-Family Residential (7,500 square feet)
|
"R-2"
|
|
"R-3" Single-Family Residential (6,000 square feet)
|
"R-3"
|
|
"R-4" Two-Family Residential (6,000 square feet)
|
"R-4"
|
|
"R-5" Apartment District
|
"R-5"
|
|
"R-6" Condominium District
|
"R-6"
|
|
"C-1" Neighborhood Commercial
|
"C-1"
|
|
"C-2" General Commercial
|
"C-2"
|
|
"M-1" Manufacturing District
|
"M-1"
|
|
"PD" Planned Development
|
"PD"
|
|
Drug and Alcohol Rehabilitation
|
"DAR"
|
[Ord. No. 2018-12, 8-20-2018]
Except as may be preempted by applicable law, all rights-of-way
within the City are hereby zoned single-family residential (R-1) except
for any rights-of-way that are not within one thousand (1,000) feet
of a property zoned residential or used for a residential dwelling;
provided, no use otherwise authorized in such single-family zone (R-1)
shall be permitted in the rights-of-way that is not specifically authorized
by the City's rights-of-way regulations.
[CC 1976 App. A §3.02; Ord. No. 2449 §1, 11-14-1988]
If, in accordance with procedures of this Chapter and of Chapter
89, RSMo., 1986, as amended, a change is made in a zoning district
boundary, such change shall be made by the Director of Public Works
or his/her designee promptly after the ordinance authorizing such
change shall have been adopted by the City Council and published,
with an entry on the Official Zoning Map.
[CC 1976 App. A §3.03; Ord. No. 2449 §1, 11-14-1988]
The Official Zoning Map shall be located in City Hall and shall
be available to public inspection, and shall be with the revised ordinance
the final authority as to the current zoning status of any land, parcel,
lot, district, use, building, or structure in the City.
[CC 1976 App. A §3.04; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2002-25 §1, 4-23-2002]
In the event that the Official Zoning Map becomes damaged, destroyed,
lost or difficult to interpret because of the nature or number of
changes made thereto, the City Council may by ordinance adopt a new
Official Zoning Map which shall supersede the prior Official Zoning
Map. The new Official Zoning Map may correct drafting or other errors
or omissions on the prior Official Zoning Map, but no such correction
shall have the effect of amending the Zoning Code or the prior Official
Zoning Map. The new Official Zoning Map shall be identified by the
signature of the Mayor, attested by the City Clerk, and bear the following
words: "This is to certify that this is the Official Zoning Map referred
to in the Zoning Code; Ordinance No. 2002-25, adopted on April 23,
2002; this map replaces and supersedes the previous Official Zoning
Map." Unless the prior Official Zoning Map has been lost or has been
totally destroyed, the prior map or any significant parts thereof
remaining shall be preserved together with all available records pertaining
to its adoption or amendment.
[CC 1976 App. A §3.05; Ord. No. 2449 §1, 11-14-1988]
A.
The
Board of Adjustment shall interpret the provisions of this Chapter
as they pertain to the location of district boundaries where uncertainty
exists as to the location of the district boundaries in relation to
the Official Zoning Map. The following rules for interpretation shall
apply:
1.
A boundary indicated as approximately following the centerline of
a highway, street, alley, or easement shall be construed as following
such centerline.
2.
A boundary indicated as approximately following a recorded lot line
or the line bounding a parcel shall be construed as following such
line.
3.
A boundary indicated as approximately following the corporate boundary
line of a City, Village, or Township shall be construed as following
such line.
4.
A boundary indicated as following a railroad line shall be construed
as being midway between the main tracks.
5.
A boundary indicated as following a shoreline shall be construed
as following such shoreline, and in the event of change in a shoreline
shall be construed as following the actual shoreline.
6.
A boundary indicated as following the centerline of a stream, river,
canal, lake, or other body of water shall be construed as following
such centerline.
7.
A distance not specifically indicated on the Official Zoning Map
shall be determined by the scale of the map.
9.
Where a district boundary line divides a lot which is in single ownership
on November 14, 1988, the Board of Adjustment may permit the extension
of the regulations for either portion of the lot to the nearest lot
line, but not to exceed fifty (50) feet beyond the district line into
the remaining portion of the lot.
[CC 1976 App. A §3.06; Ord. No. 2449 §1, 11-14-1988]
The regulations established by this Chapter within each Zoning
District shall be minimum regulations for promoting and protecting
the public health, safety, and general welfare and shall be uniform
for each class of land or building, dwellings and structures throughout
each district. Where there are practical difficulties or unnecessary
hardship in the way of carrying out the strict letter of this Chapter,
the Board of Adjustment shall have power in passing upon appeals to
vary or modify any rules, regulations or provisions of this Chapter
so long as the intent and purpose of this Chapter shall be observed,
public safety secured, and substantial justice done.
[CC 1976 App. A §3.07; Ord. No. 2449 §1, 11-14-1988]
The provisions of this Chapter shall apply to all uses, structures,
improvements, and alterations currently existing or approved by the
City after enactment of this Chapter.
[CC 1976 App. A §3.08; Ord. No. 2449 §1, 11-14-1988]
All rights or remedies of the City are expressly saved as to
any and all violations of any previous Zoning Code or amendments thereto,
of the City, and that have accrued at the time of the effective date
of this Chapter, November 14, 1988, and such accrued violations of
previous Zoning Codes which would otherwise become non-conforming
uses under this Article shall be considered as violations of this
Chapter in the same manner that they were violations of prior Zoning
Codes of the City.
[CC 1976 App. A §3.09; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2542 §3, 12-11-1989]
[Ord. No. 2004-30 §2, 5-24-2004]
A.
Land Uses And Development. The Table of Primary Uses, Table
of Accessory Uses and Table of Planned Uses, incorporated herein as
Appendix A to this Title IV, establish the principal and accessory
uses that are permitted by right, permitted by a conditional use permit
or not permitted. Notwithstanding the designation on the Tables, any
use required to be permitted as a right in a residential district
by applicable Federal or State law shall be so permitted.
B.
Permitted Uses. Some permitted uses may require submission and approval of a site plan pursuant to Article IX of this Code.
C.
Conditional Uses. All conditional uses shall be governed by the site plan approval procedure described in Article IX of this Code.
D.
Planned Uses. All areas designated on the official Zoning Map as planned uses or sought to be developed as planned uses shall be subject to Section 400.250 "PD" Planned Development District.
E.
Unlisted Uses. Any use not listed is specifically prohibited.
Any use not shown as a use permitted by right or a conditional use
in a zoning district is specifically prohibited in that district.
Uses not listed have been determined either not to be appropriate
in any district, incompatible with certain existing uses or sufficiently
rare or unexpected as to be incapable of being listed at the time
of adoption of this Code. Uses not listed, however, may be determined
to be sufficiently similar to listed uses and thus allowed either
as a conditional or permitted use subject to the following procedure:
1.
The Director of Public Works, upon request of the applicant, reviews
the proposed use and determines it to be sufficiently similar to a
listed use;
2.
The Director files the determination with the Planning and Zoning
Commission within ten (10) days of the determination;
3.
Within fifteen (15) days of filing of the determination with the
Planning and Zoning Commission, the Commission may overturn the determination
of the Director or take no action. If no action is taken within that
time, the Director's determination of the use as either a permitted
use or conditional use is affirmed as being sufficiently similar to
a listed use so as to be included under that use.
F.
Any
use not shown as a use permitted by right or a conditional use in
any zoning district but constituting a use that is required to be
permitted by law shall be authorized only in the industrial district
subject to the following conditions:
1.
The use shall be permitted only to the extent required by law to
be permitted;
3.
The use shall be located no closer than one thousand (1,000) feet
from any residence, residential property, park, school or church,
except as may be modified by the Board of Adjustment through a variance
based on evidence of an undue hardship;
4.
The use shall maintain a distance of at least one thousand (1,000)
feet from any other such use; and
G.
In
the event that more than one (1) land use category as described in
Appendix A to this Title is applicable to an occupant's activities,
the occupant shall be required to obtain a conditional use permit
if any applicable land use categories require a conditional use permit.
[1]
Editor's Note — Ord. No. 2004-30 §2, adopted May
24, 2004, repealed section 400.155 and enacted new provisions set
out herein. Former section 400.155 derived from ord. no. 99-99 §1,
12-14-99.
