Fair Grove City Zoning Code
ARTICLE I
General Provisions
Section 405.010 Short Title.
[Ord. No. 06-04-01 §101, 4-25-2006]
This Chapter shall be known and may be cited as the City of Fair Grove Zoning Regulations.
Section 405.020 Authority and Purpose.
[Ord. No. 06-04-01 §102, 4-25-2006]
A.
This Chapter is adopted pursuant to the authority contained in Chapter 89, RSMo.
B.
The purpose of this Chapter is to protect the public health, safety and general welfare, to promote good planning and land development practice, to conserve the City's resources, to facilitate the provision of adequate public improvements and to promote efficient expenditure of public financial resources.
C.
The provisions of this Chapter shall be administered to ensure orderly growth and development of the City and shall supplement and implement the policies of the City of Fair Grove Comprehensive Plan, other planning documents and the capital budget.
Section 405.030 Jurisdiction.
[Ord. No. 06-04-01 §103, 4-25-2006]
This Chapter shall be effective throughout the City's planning jurisdiction which comprises the area within the corporate boundaries of the City of Fair Grove.
Section 405.040 Effective Date.
[Ord. No. 06-04-01 §104, 4-25-2006]
This Chapter shall be in full force and effect from and after passage April 25, 2006.
Section 405.045 Relationship To Existing Zoning Regulations.
[Ord. No. 06-04-01 §105, 4-25-2006]
To the extent that the provisions of this Chapter are the same in substance as the provisions of the zoning regulations previously adopted on May 21, 1996 and subsequent amendments that they replace, they shall be considered as continuations thereof and not as new enactments unless otherwise specifically provided herein. In particular, a situation that did not constitute a lawful, non-conforming situation under the previously adopted zoning regulations does not achieve lawful non-conforming status under this Chapter merely by the repeal of the previously adopted zoning ordinance.
Section 405.050 Fees.
[Ord. No. 06-04-01 §106, 4-25-2006]
A.
Reasonable fees to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for zoning amendments, conditional use permits, sign permits, appeals and variances. A list of all established fees related to the requirements of this Chapter is available at the Fair Grove City Hall. The Board of Aldermen, the Planning and Zoning Commission and Board of Adjustment shall be exempt from this fee.
Section 405.060 Burden of Proof.
[Ord. No. 06-04-01 §107, 4-25-2006]
The burden of proof shall be upon the applicant in all proceedings pursuant to this Chapter. It is presumed that the applicant has knowledge of the requirements of this Chapter and the applicant is obligated to meet the requirements unless a variance is granted. Failure to meet the requirements is one reason for denial of an application.
Section 405.070 Interpretation, Conflict and Separability.
[Ord. No. 06-04-01 §108, 4-25-2006]
A.
In their interpretation and application, the provisions of this Chapter shall be held to be the minimum requirements. More stringent provisions may be required if it is demonstrated that different standards are necessary to promote the public health, safety and general welfare.
B.
Where the conditions imposed by any provision of this Chapter are either more restrictive or less restrictive than conditions imposed by any other provision of this Chapter or other applicable law, ordinance, rule or regulation, the regulations which are more restrictive and which impose a higher standard shall govern.
C.
The provisions of this Chapter are separable. If any Section, sentence, clause or phrase of this Chapter is for any reason held to be invalid by a court of competent jurisdiction, the decision shall not affect the remaining portions of this Chapter.
Section 405.080 General Regulations.
[Ord. No. 06-04-01 §109, 4-25-2006]
A.
Except as hereinafter specified:
1.
No land shall be used except for a purpose permitted in the district in which it is located.
2.
No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building be used, except for a use permitted in the district in which such building is located.
3.
No building shall be erected, converted, enlarged or structurally altered, except in conformity with the off-street parking and loading regulations of the district in which such building 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 specifically provided hereinafter.
5.
Except as hereinafter specified, any use, building or structure existing at the time of the passage of this Chapter may be continued, subject to the restrictions and limitation of Article VIII, Non-Conforming Uses, Buildings and Structures.
6.
No structure, structural element, balcony, porch or roof shall encroach upon or overhang any required yard setback on any lot.