Desloge City Zoning Code
ARTICLE III
General Provisions
Section 405.016 Authority.
[R.O. 2001 § 405.016; Ord. No. 2006.19 § 1, 6-12-2006]
The provisions set forth in these regulations have been prepared in accordance with the authority granted by the General Assembly of the State of Missouri as provided by the Municipal Planning Act of 1963, Sections 89.010 through 89.500, RSMo., as amended.
Section 405.017 Jurisdictional Area.
[R.O. 2001 § 405.017; Ord. No. 2006.19 § 1, 6-12-2006]
A.
The jurisdiction of these regulations shall include all land in the corporate limits of the City of Desloge, Missouri.
B.
These regulations shall also apply to any land added to the corporate area after such land shall have been legally annexed.
C.
All territory which may hereafter be annexed to the City of Desloge shall be considered as being in the "R-1" Single-Family Residential District until otherwise changed by ordinance.
Section 405.018 Zoning District Map.
[R.O. 2001 § 405.018; Ord. No. 2006.19 § 1, 6-12-2006]
A.
Boundaries of districts as enumerated in Article IV are hereby established and adopted on the Zoning Maps of the City of Desloge which are made a part of this Chapter as fully as if the same were set forth here in detail. The official Zoning Map shall be located in the official offices of the City of Desloge, Missouri.
B.
Rules For Interpretation Of District Boundaries. Where uncertainty exists with respect to the boundaries of the various districts as shown on the official Zoning District Map incorporated herein, the following rules apply:
1.
Where district boundary lines are indicated as approximately following streets and alleys, highways or railroads, such boundaries shall be construed as following the centerlines thereof.
2.
Where district boundary lines are indicated as approximately following lot lines or section lines, such lines shall be construed as the said boundaries.
3.
Where district boundary lines follow a stream, lake or other body of water, the centerline of the stream or river and/or the normal water level of a body of water shall be construed as the said boundaries.
4.
Where any land or territory within the City is not shown to be located in a district, the zoning regulations of the most restrictive adjoining district shall govern.
5.
Whenever any street, alley or other public way is vacated by official action of the Board of Aldermen, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then be subject to all requirements of the extended district.
6.
Where a district boundary line divides a lot or subdivided property and the dimensions are not shown on the map, the location of such boundary shall be indicated by using the scale appearing on the Zoning Map.
7.
Where none of the above rules apply, the district boundaries shall be determined by the use of the scale shown on the Zoning Map.
Section 405.019 Conformity Required.
[R.O. 2001 § 405.019; Ord. No. 2006.19 § 1, 6-12-2006]
A.
The following general requirements shall apply to all zoning districts:
1.
Except as otherwise provided herein, it shall be unlawful to use any land or building for any purpose other than that which is permitted in the district in which such land or building is located.
2.
No building shall hereafter be erected, reconstructed, relocated or structurally altered to have a greater percentage of lot area, to accommodate or have a greater number of facilities, to have narrower or smaller yards, courts or open spaces than is permissible under the limitations set forth herein for the district in which said building is located.
3.
No part of a yard or other open space required about any building, existing or hereafter provided for a specific building or use and necessary to meet the requirements of this regulation, shall be included as part of a yard or open space required for another building or use.
4.
No lot held under one (1) ownership at the effective date of this regulation shall be reduced in dimension or area in relation to any building thereon so as to be smaller than that required by this regulation, if already smaller, the dimensions or the area shall not be further reduced.
5.
No building shall hereafter be erected, reconstructed, relocated or structurally altered on any lot or parcel unless such lot or parcel faces a dedicated street or right-of-way, except that in "Planned Development Districts" the Board of Aldermen may grant private ways or streets when necessary and the provisions of this Section shall not control. Where a building is in existence, no required dedicated street or right-of-way shall be vacated so as to eliminate the required access to a dedicated street or right-of-way.
6.
Every building hereafter erected or structurally altered shall be located on a legal lot of record and in no case shall there be more than one (1) main building on a lot except as specifically provided for in this Chapter.
7.
Nothing in this Subsection shall be construed to exempt development from the provisions of the zoning and subdivision regulations except to the extent that the construction or development is expressly shown on the approved final plat or site plan. For example, the right to complete a building in accordance with previously approved site plans shall not include the right to erect signs or make other site improvements in accordance with such plan unless such signs or improvements were expressly shown on the plans and cannot, as shown, be revised to conform to the provisions of the zoning regulations as amended.
Section 405.020 Separability.
[R.O. 2001 § 405.020; Ord. No. 2006.19 § 1, 6-12-2006]
A.
It is hereby declared to be the intention of the City that the several provisions of these regulations are separable in accordance with the following rules:
1.
If any court of competent jurisdiction shall adjudge any provision of these regulations to be invalid, such judgment shall not affect any other provisions of these regulations.
2.
If any court of competent jurisdiction shall adjudge invalid the application of any provision of these regulations to a particular property or structure, such judgment shall not affect the application of said provisions to any other property or structure.
Section 405.021 Reservations And Repeals.
[R.O. 2001 § 405.021; Ord. No. 2006.19 § 1, 6-12-2006]
Upon the adoption of these regulations, all ordinances amending zoning regulations shall be repealed.
Section 405.022 Vested Rights.
[R.O. 2001 § 405.022; Ord. No. 2006.19 § 1, 6-12-2006]
A.
For the purpose of single-family residential development in the "R-1," "R-2," "R-3" "R-4," "PR-1," "PR-2" and "PR-3" Districts, development rights for land shall vest upon recording of the final plat for such land. If construction has not begun within two (2) years of recording the plat, the development rights shall expire unless an extension is granted.
B.
For all non-single-family development, development rights for land shall vest upon the recording of a final plat or approval of the site plan or specific construction documents for such land. If all permits required for such development have not been issued and the start of construction and the completion of substantial amounts of work under the validly issued permits have not begun within one (1) year of approval of the site plan, the development rights shall expire unless an extension is granted.
C.
The Planning and Zoning Commission may for good cause, as presented by the applicant, grant a single extension of vested rights. Applicants seeking an extension shall submit a statement in writing justifying the extension. In considering an extension, the Board of Aldermen shall consider the following factors, as well as other relevant considerations:
1.
Undue or unnecessary hardship placed upon the property owner;
2.
The extent to which the current regulations would hinder the completion of the development;
3.
Extent to which the property can be made to conform with current regulations; and
4.
Conformance with the general spirit and intent of the zoning and subdivision regulations.
Section 405.024 Unified Control.
[R.O. 2001 § 405.024; Ord. No. 2006.19 § 1, 6-12-2006]
All subdivisions containing common areas must demonstrate unified control through the establishment of covenants, trust indentures or provide other documentation reflecting how it will be maintained under the ownership or control prior to final site plan approval. The documents shall include, but are not limited to, homeowners' association documents, campus agreements and/or covenants that clearly define the shared maintenance of common open spaces and detention/retention areas and other utilities within each of the zoning lots and/or phases comprising the proposed development, shared access and parking arrangements, common design elements, including integration of common architectural themes and active and passive open space and landscaped areas.