De Soto City Zoning Code
ARTICLE II
Establishment of Districts and District Provisions
Section 405.040 Districts Established.
[CC 1988 §29-3; Ord. No. 2788 §2, 10-21-1985; Ord. No. 3195 §1, 10-24-1994]
A.
For the purpose of regulating and restricting the erection, construction, reconstruction, alteration or use of buildings, structures or land and regulating and restricting the location of trades and industries, and the location and design of buildings for specific purposes, and to regulate and limit the height and bulk of buildings, and the area of yards and other open spaces, and to regulate and limit the intensity of the use of the lot areas, the City is hereby divided into districts as follows:
1.
Agricultural District.
District "A-1" — Agricultural Activities
2.
Residential Districts
District "R-1" — One-Family Dwelling District
District "R-2" — One-Family Dwelling District
District "R-3" — Two-Family Dwelling District
District "R-4" — Multiple-Family District
3.
Commercial and Office Districts.
District "C-1" — Office and Professional District
District "C-2" — Downtown Commercial District
District "C-3" — General Commercial District
4.
Industrial Districts.
District "M-1" — Light Manufacturing District
District "M-2" — General Manufacturing
5.
Overlay Districts.
District "PUD" — Planned Unit Development
District "FP" — Flood Plain District
Section 405.050 District Map Adopted.
[CC 1988 §29-4; Ord. No. 2788 §2, 10-21-1985]
A.
The boundaries of the districts are shown upon the map which is hereby designated as the "Zoning District Map" and which map and all notations, references and information shown thereon are hereby made as much a part of this Chapter as if the same were set forth in full herein.
B.
The original "Zoning District Map" is properly attested and is on file with the City Clerk.
C.
If, in accordance with procedures of this Chapter and of Chapter 89, RSMo., as amended, a change is made in a zoning district boundary, such change shall be made by the City Manager 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 "Zoning District Map".
Section 405.060 Interpretation of Boundaries.
[CC 1988 §29-5; Ord. No. 2788 §2, 10-21-1985]
A.
Where uncertainty exists as to the boundaries of zoning districts as shown on the "Zoning District Map", the following rules shall apply:
1.
The district boundaries are the midpoints of streets or alleys unless otherwise shown, and where the districts designated on the map are bounded approximately by street or alley lines, the midpoint of the street or alley shall be construed to be the boundary of the district.
2.
Where district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the "Zoning District Map" are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map.
3.
In unsubdivided property, the district boundary lines on the "Zoning District Map" shall be determined by use of the scale appearing on the map.
4.
When the boundary line approximately follows the corporate boundary line of the City, it shall be construed as following the corporate boundary line.
5.
Where a district boundary line divides a lot which is in single ownership at the time of the adoption or amendment of this Chapter, the City Council may permit as a conditional use 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.
6.
Where a physical or cultural feature existing on the ground is at variance with that shown on the "Zoning District Map" or in any other circumstances not covered in paragraphs (1 — 5) above, the City Council shall interpret the zoning district boundary.
Section 405.070 Classification of Newly Annexed Territory.
[CC 1988 §29-6; Ord. No. 2788 §2, 10-21-1985; Ord. No. 3720 §1, 3-19-2007; Ord. No. 4733, 11-15-2021]
A.
Notorized Petition Requesting Annexation; Zoning District Designation.
1.
The City Council may annex unincorporated areas which are contiguous and compact to the existing corporate limits upon notarized petition requesting such annexation signed by the owners of all fee interest of record and all tracts located within the area to be annexed.
2.
All properties annexed pursuant to this voluntary annexation procedure shall have an automatic zoning district designation of R One-Family Dwelling District.
B.
All properties proposed for annexation into the City not annexed pursuant to Section 405.070(A) shall go through two (2) public hearings to establish zoning of the property proposed for annexation. The City shall make available standard application forms for a petition to voluntarily annex and establish the zoning classification of property in the City of De Soto. The City may request additional information as necessary to study and review the petition; at a minimum the application and petition shall include the following upon submission:
1.
A processing fee in the amount of one hundred dollars ($100.00) plus publication cost;
2.
Title search and/or related title work establishing ownership;
3.
Copy of the legal description of the property sought for annexation;
4.
Descriptive maps illustrating the property proposed for annexation and zoning; and
5.
Detailed information establishing the intent and proposed use of property upon annexation, including any relative information for the City to review the impact on City streets and infrastructure.
C.
Upon receipt of an application and petition to annex and zone property, the City shall evaluate the request to verify that it is contiguous to the City limits and to evaluate the ability to provide municipal services and if any other additional conditions shall be assigned upon annexation.
D.
Upon receiving an application and petition for annexation and to establish the zoning classification of property in the City of De Soto, a public hearing will be held with the Planning and Zoning Commission. The Planning and Zoning Commission will make a zoning recommendation to the City Council where a joint public hearing with Planning and Zoning and City Council will be held not less than fourteen (14) days following the public hearing. If written objections are not filed with the City within fourteen (14) days after the joint public hearing, the Council may then deny or approve the annexation ordinance.
Section 405.080 Vacation of Public Ways.
[CC 1988 §29-7; Ord. No. 2788 §2, 10-21-1985; Ord. No. 3753 §1, 1-14-2008]
Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district adjoining each side of such street or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to a twenty (20) foot dedicated easement.
Section 405.090 Compliance With Chapter Required.
[CC 1988 §29-8; Ord. No. 2788 §3, 10-21-1985]
A.
Except as hereafter provided:
1.
No buildings shall be erected, moved, constructed reconstructed or structurally altered, nor shall any building or land be used for any purpose other than that which is permitted in the district in which such building or land is situated.
2.
No building shall be erected, moved, constructed, extended, enlarged, reconstructed or structurally altered which violates the height, yard, area or off-street parking or loading regulations established in this Chapter for the district in which such building is situated.
3.
The minimum yards, parking spaces, and open spaces including lot area per family required by this Chapter for each building shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building, nor shall any lot area be reduced below the requirements of this Chapter for the district in which such lot is located.
4.
Every building hereafter erected or structurally 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.