[Ord. No. 224 §§1 —
2(1.01), 10-19-2005]
This Chapter shall be known and may be cited hereinafter as
the "Zoning Ordinance of the City of New Melle".
[Ord. No. 224 §§1 —
2(1.02), 10-19-2005]
The City of New Melle zoning ordinance (Number 123 adopted on
January 24, 1998) and all amendments thereto are hereby repealed effective
coincident with the effective date of this Chapter, Number 224 dated
October 19, 2005.
[Ord. No. 224 §§1 —
2(1.03), 10-19-2005]
A.
The
purpose of this Chapter is to regulate and control the zoning of land
and consequent use of said land within the City of New Melle in order
to promote public safety, health, citizen preference of community
and general welfare of the citizens. These regulations are specifically
designed to:
1.
Protect the character and stability of residential, recreational,
commercial, industrial and open space areas within the City of New
Melle and promote their orderly and beneficial development;
2.
Provide privacy and convenience of access to property;
3.
Regulate the intensity of land use and establish open areas surrounding
buildings and structures necessary to provide adequate light and ventilation
and to protect public safety and health;
4.
Regulate and limit the height of buildings and structures;
5.
Lessen and avoid congestion on public streets by providing off-street
parking and loading;
6.
Regulate and limit the density of population based on the City's
ability to provide for water, sewerage, schools, parks and other essential
public services;
7.
Divide the City into zoning districts and establish, by reference
to a map, the boundaries of said districts;
8.
Fix reasonable standards to which land, buildings, structures and
their uses must conform;
9.
Prohibit uses, buildings or structures which are incompatible with
the character of development or uses, buildings or structures permitted
within specified zoning districts;
10.
Prevent illegal additions and/or alterations of existing buildings
or structures;
11.
Protect against fire, explosion, noxious fumes and odor, heat, dust,
smoke, glare, noise, vibration, radioactivity and other nuisances
and hazards in the interest of public health, safety and general welfare;
12.
Prevent overcrowding of land and undue concentration of buildings
and structures so far as is possible and appropriate in each zoning
district by regulating the use and bulk of buildings in relation to
the land surrounding them;
13.
Preserve and enhance the taxable value of land, buildings and structures
throughout the City;
14.
Provide for the completion, restoration, reconstruction, extension
or substitution of non-conforming uses;
15.
Designate and define the powers and duties of the official(s) administering
and enforcing this Chapter; and
16.
Provide penalties for the violation of this Chapter.
[Ord. No. 224 §§1 —
2(1.04), 10-19-2005]
A.
The
City of New Melle, Missouri, has an established residential character
and it is the goal of the City of New Melle, Missouri, to retain this
character.
B.
Strategies
outlined in the City's Comprehensive Plan to ensure that the character
of the community does not change include:
1.
Adoption of lower zoning intensity zoning classifications and the
recommendation that all rezoning applications include an analysis
of the impact the zoning would have on the existing community character.
2.
Implementation of natural resource protection regulations which limit
development in environmentally sensitive areas and thus preserve existing
open space.
3.
Adoption of green space and floor area standards designed to maintain
a private, rural character.
4.
The establishment of a policy allowing the ultimate intensity of
commercial development to be dictated in part by the balance between
building bulk and green space.
5.
The adoption of a growth management program which restricts non-residential
land use to specified areas of the City of New Melle, Missouri.
[Ord. No. 224 §§1 —
2(1.05), 10-19-2005]
A.
If
any court of competent jurisdiction shall declare any part of this
Chapter to be invalid, such ruling shall not affect any other provisions
of this Chapter not specifically included in said ruling.
B.
If
any court of competent jurisdiction shall declare invalid the application
of any provision of this Chapter to a particular land, parcel, lot,
district, use, building or structure, such ruling shall not affect
the application of said provision to any other land, parcel, lot,
district, use, building or structure not specifically included in
said ruling.
[Ord. No. 224 §§1 —
2(1.06), 10-19-2005]
A.
The
regulations set by this Chapter within each district shall be minimum
regulations and shall apply uniformly to each class or kind of structure
or land, except as hereinafter provided.
1.
No building shall be erected, converted, placed, enlarged, moved,
reconstructed or structurally altered, nor shall any building or land
be used except for a purpose and in the manner permitted in the district
in which the building or land is located.
2.
No land required for yards, open spaces or off-street parking or
loading spaces about an existing building or any building hereafter
erected or structurally altered shall be considered as required yard
or lot area for more than one (1) building.
3.
Every building hereafter erected or structurally altered shall be
located on a lot and in no case shall there be more than one (1) main
building on one (1) lot except as otherwise provided in the Chapter.
4.
No building hereafter erected or structurally altered to the extent
specifically provided hereinafter except as otherwise provided in
the Chapter.
5.
The provisions of these regulations shall be considered the minimum
requirements for the promotion of the public health, safety, morals,
comfort and welfare. Where provisions of the regulations of this Chapter
impose greater restrictions than those of any Statute, other ordinance
or regulation, the provisions of the regulations of this Chapter shall
be controlling. Where the provisions of any Statute, other ordinance
or regulation impose greater restrictions than this Chapter, the provisions
of such Statute, other ordinance or regulation shall be controlling.
6.
This Chapter is not intended to abrogate or annul any easement, covenant
or other private agreement provided that where any provision of this
Chapter is more restrictive or imposes a higher standard or requirement
than such easement, covenant or other private agreement, the provision
of this Chapter shall govern.
[Ord. No. 224 §§1 —
2(1.07), 10-19-2005]
The City of New Melle, Missouri, shall be exempt from the zoning
and subdivision regulations contained in this Title with respect to
any property owned and operated by the City of New Melle, Missouri.
