(a)

A chapter to promote the health, safety, and the general welfare of the community by regulating the height, number of stories and size of buildings and other structures, the size of yards, and other open places, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purpose; dividing the city into districts and establishing, by reference to a map, the boundaries of said district for the above purposes; creating and defining the powers of the board of adjustment; providing rules of procedure for improvement and restoration of existing buildings; stating certain exceptions to the height, area and yard restrictions; providing for amendments, interpretation and purpose of the chapter and for permits; providing a penalty for violation hereof; providing that invalidity of a part shall not invalidate the remainder of the chapter; and repealing all ordinances or parts of ordinances in conflict herewith, and providing an effective date.

(b)

These regulations are made with consideration of the character of each zoning district, the suitability for particular uses within each district, and with a view of conserving the value of buildings, promoting quality of life, economic interaction and integration within and between districts, and encouraging the most appropriate use of land throughout the city.

(Ord. No. 1583-22, § 1(Att.), 4-26-22)

These regulations constitute and may be referred to as "The City of Fulton Zoning Ordinance."

(Ord. No. 1583-22, § 1(Att.), 4-26-22)

(a)

These regulations are made in accordance with the City of Fulton Comprehensive Plan and with RSMo ch. 89, and amendments thereto and are designed to:

(1)

Reduce congestion on roads.

(2)

Secure safety from fire, panic and other dangers.

(3)

Promote health and general welfare.

(4)

Provide adequate lighting and air.

(5)

Prevent the overcrowding of land.

(6)

Avoid undue concentration of population.

(7)

To preserve features of historical significance.

(8)

Facilitate the adequate provision of transportation, water, sewer, schools, parks, and other public requirements.

(b)

Whenever any provision of this chapter refers to or cites a section of RSMo ch. 89, and that section is later amended or superseded, the chapter shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

(Ord. No. 1583-22, § 1(Att.), 4-26-22)

(a)

Except as hereinafter provided:

(1)

No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used except in accordance with the regulation of the district in which the building or land is located.

(2)

In no case shall there be more than one main building hereafter erected or structurally altered on a lot, except as otherwise provided in this chapter.

(3)

Cooperatives, condominiums, and all other forms of property ownership do not affect the general provisions of these regulations, and all requirements shall be observed as though the property were under single ownership.

(4)

In all zoning classifications any display lots for the sale of new and used vehicles, trailers or boats shall be of a dustproof surface consisting of concrete, bituminous concrete or compacted gravel or crushed stone properly sealed and surface treated.

(Ord. No. 1583-22, § 1(Att.), 4-26-22)

To the extent that the provisions of this chapter are the same in substance as the previously adopted provisions that they replace in the city's zoning and subdivision regulations, they shall be considered as continuations thereof and not as new enactments unless otherwise specifically provided. In particular, a situation that did not constitute a lawful, non-conforming situation under the previously adopted zoning ordinance does not achieve lawful non-conforming status under this chapter merely by the repeal of the zoning ordinance.

(Ord. No. 1583-22, § 1(Att.), 4-26-22)

(a)

Subject to section 120-203 of this chapter (non-conforming uses), no person may use, occupy, or sell any land or buildings or authorize or permit the use, occupancy, or sale of land or buildings under his control except in accordance with all of the applicable provisions of this chapter.

(b)

For purposes of this section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that building or land.

(Ord. No. 1583-22, § 1(Att.), 4-26-22)

Any applicant for any permit or plat for any development agrees to read the contents of this chapter before submitting an application for any permit or plans for any development and represents that he or she has read the relevant portions of this chapter before submitting the application. It is the responsibility of all applicants to meet the requirements of this Code. Failure to meet the requirements is one reason for denial of application.

(Ord. No. 1583-22, § 1(Att.), 4-26-22)

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter.

(Ord. No. 1583-22, § 1(Att.), 4-26-22)

For the purpose of this chapter, definitions for terms used in this chapter are found in section 120-261, definitions.

(Ord. No. 1583-22, § 1(Att.), 4-26-22)

(a)

District boundaries.

(1)

The city is divided into specific zoning districts in accordance with the classifications identified in article II. The boundaries of these districts are depicted on the map entitled "Zoning Districts, City of Fulton, Missouri," which is made a part hereof. The district map and all notations, references and other information shown thereon are a part of this chapter and have the same force and effect as if the district map and all the notations, references and other information shown thereon were all fully set forth or described herein, the original of which district map is properly attested and is on file with the city clerk.

(2)

Amendments to the official zoning map are accomplished using the procedures set forth in section 120-235 (amendments).

(3)

Whenever any street, alley or other public way is vacated by official action of the city council of the city, 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 and henceforth be subject to all appropriate regulations of the extended districts.

(Ord. No. 1583-22, § 1(Att.), 4-26-22)

(a)

Applicability. All annexations into the city shall adhere to the provisions of RSMo ch. 71 as applicable to municipalities located within the County of Callaway, a county of the second class as established under state statutes.

(b)

Property owner-initiated annexations and city-initiated annexations.

(1)

Property owner-initiated annexations, which may also be referred to as voluntary annexations, shall adhere to the process described in subsection (c).

(2)

City-initiated annexations, which may also be referred to as involuntary annexations, shall adhere to the process described in subsection (d).

(c)

Property owner-initiated annexation procedure.

(1)

Annexation petitions. When a verified petition requesting voluntary annexation into the city is received, the city may annex unincorporated areas which are contiguous and compact to the existing corporate limits. The term "contiguous and compact" shall mean the term as defined in RSMo 71.012 and shall include situations whereby the unincorporated area proposed to be annexed would be contiguous and compact to the existing corporate limits of the city but for an intervening state highway, interstate highway, or railroad right-of-way, regardless of whether any other city, town, or village has annexed such state highway, interstate highway, or railroad right-of-way or otherwise has an easement in such state highway, interstate highway, or railroad right-of-way.

(2)

Voluntary annexations resulting in island of unincorporated area. Voluntary annexation which would create an island of unincorporated area within the city are permissible so long as the owners of the unincorporated island are given the opportunity to voluntarily annex into the city.

(3)

Annexation petition verification. When a petition requesting voluntary annexation into the city is received, it shall be verified by the city clerk that:

a.

Said petition has been signed and properly notarized by the owners of all fee interests of record in all tracts of real property located within the area proposed to be annexed; or

b.

Said petition has been signed under the authority of the governing body of any common interest community and approved by a majority vote of unit owners located within the area proposed to be annexed. A "common-interest community" shall mean a condominium as used in RSMo ch. 448, or a common-interest community, a cooperative, or a planned community as defined in RSMo 71.012.

(4)

Public hearing for voluntary annexations. City council shall hold a public hearing concerning the matter not less than 14 days nor more than 60 days after the petition is received. In addition, the annexation public hearing shall be held not less than seven days after the notice of the hearing is published in a newspaper of general circulation qualified to publish legal matters for the city.

(5)

At the public hearing, any interested person, corporation, or political subdivision may present evidence regarding the proposed annexation.

(6)

After holding the public hearing, the city council shall consider an ordinance to annex the property. Said ordinance shall include the following:

a.

A legal description of the area to be annexed;

b.

A statement that such annexation is reasonable and necessary to the proper development of the city; and

c.

A statement that the city has the ability to furnish normal municipal services to the area to be annexed within a reasonable time.

Subject to the provisions of subsection (c)(7) (objections) below, if said ordinance is approved by the city council, annexation of the territory shall be deemed complete with no further action necessary by the city council.

(7)

Objections. If a written objection to the proposed annexation is filed with the city clerk not later than 14 days after the public hearing by at least five percent of the qualified voters of the city or two qualified voters of the area sought to be annexed if the same contains at least two qualified voters, the provisions of subsection (d) (city-initiated annexations) shall be followed.

(8)

Filing of annexation with county. If no objection is filed, the city shall extend its limits by ordinance to include such territory, specifying with accuracy the new boundary lines to which the city's limits are extended. Upon duly enacting such voluntary annexation ordinance, the city clerk shall file three certified copies with the county assessor's office and the county clerk and one certified copy with the county election authority. Upon filing of these copies, the annexation shall be complete and final and thereafter, all courts of the state shall take judicial notice of the limits of the city.

(d)

City-initiated annexation.

(1)

Confirmation of contiguous and compactness. Prior to forwarding a city-initiated annexation ordinance to the city council, the city clerk shall determine and include in the ordinance language the following information:

a.

The land to be annexed is contiguous and compact to the existing city limits. In determining this, immediately adjacent property already within the city limits and property that would otherwise be adjacent but for intervening state highway(s), interstate highway(s), or railroad right(s)-of-way, in accordance with RSMo ch. 71 shall be included. Once calculated, the shared border of the land to be annexed and the city limits shall be composed of at least 15 percent of the total perimeter of land to be annexed, as described below.

b

The term "contiguous" shall mean that the length of the contiguous boundary to the city limits is at least 15 percent of the length of the perimeter of the area to be annexed. In cases where there is an intervening state highway or interstate highway between the parcel to be annexed and the city limits, the border between the land to be annexed and the city limits shall be deemed to be from the centerline of the intervening state highway or interstate highway. In cases of same for intervening railroads, the midpoint between the outermost rails if there are rails or the best estimate of the middle of the rail right-of-way if there are no rails shall be used. By way of example, at least 150 feet of a parcel with a total perimeter of 1,000 feet would need to be contiguous with city limits in order to meet these provisions. The minimum may be met by any single contiguous portion or through the total of two or more contiguous portions equaling a cumulative total at least 150 feet.

(2)

Annexation ordinance. The city shall propose an ordinance setting forth the following:

a.

The area to be annexed and affirmatively stating that the boundaries comply with the condition precedent referred to above;

b.

The annexation is reasonable and necessary to the proper development of the city;

c.

The city has developed a plan of intent to provide services to the area proposed for annexation;

d.

A public hearing shall be held prior to the adoption of the ordinance;

e.

When the annexation is proposed to be effective, the effective date being up to 36 months from the date of any election held in conjunction thereto.

(3)

Public hearing. Following verification that the annexation would be contiguous and compact, the city shall set a date for a public hearing on the annexation ordinance. Prior to the public hearing date, the following shall occur:

a.

The city shall make a good faith effort to notify all fee owners of record within the area proposed to be annexed by certified mail, not less than 30 days nor more than 60 days before the hearing; and

b.

The city shall notify all residents of the area by publication of notice in a newspaper of general circulation qualified to publish legal matters in the county where the proposed area is located, at least once a week for three consecutive weeks prior to the hearing, with at least one such notice being not more than 20 days and not less than ten days before the hearing.

(4)

Information to be presented at public hearing. At the city-initiated annexation public hearing, the city shall present the plan of intent and evidence in support thereof to include:

a.

A list of major services presently provided by the city including, but not limited to, police and fire protection, water and sewer systems, street maintenance, parks and recreation, and refuse collection;

b.

A proposed time schedule whereby the city plans to provide such services to the residents of the proposed area to be annexed within three years from the date the annexation is to become effective;

c.

The level at which the city assesses property and the rate at which it taxes that property;

d.

How the city proposes to zone the area to be annexed; and

e.

When the proposed annexation shall become effective.

(5)

Circuit court declaratory judgement. Following the public hearing, and either before or after the election held as described in subsection (d)(6) below, if the city council votes favorably by ordinance to annex the area, the city council shall file an action in the circuit court of the county for a declaratory judgment per RSMo ch. 527 authorizing such annexation. The petition in such action shall state facts showing:

a.

The area to be annexed and its conformity with the conditions referred to in subsection (d)(1) above; and

b.

That such annexation is reasonable and necessary to the proper development of the city; and

c.

The ability to furnish normal municipal services to the unincorporated area within a reasonable time not to exceed three years after the annexation is to become effective; and

d.

The city has developed a plan of intent to provide services to the area proposed for annexation; and

e.

A public hearing has been held prior to the adoption of the ordinance; and

f.

When the annexation is proposed to be effective.

(6)

Election process to extend city limits.

a.

If the court authorizes the city to make an annexation, the city council shall not have the power to extend the limits of the city by such annexation until an election is held at which the proposition for annexation is approved by a majority of the total votes cast in the city and by a separate majority of the total votes cast in the unincorporated territory sought to be annexed.

b.

Should less than a majority of the total votes cast in the area proposed to be annexed vote in favor of the proposal, but at least a majority of the total votes cast in the city vote in favor of the proposal, then the proposal shall again be voted upon in not more than 120 days by both the registered voters of the city and the registered voters of the area proposed to be annexed. If the results of the second vote find that at least two-thirds of the qualified electors voting thereon are in favor of the annexation, then the city may proceed to annex the territory.

c.

If the proposal fails to receive the necessary majority, no part of the area sought to be annexed may be the subject of another proposal to annex for a period of two years from the date of the election, except that, during the two-year period, the owners of all fee interests of record in the area or any portion of the area may petition the city for the annexation of the land owned by them pursuant to the voluntary annexation procedures in section (c) (property owner-initiated annexation procedure).

d.

If authorized to be held, the elections shall occur in accordance with the general state law governing special elections, and the entire cost of the election or elections shall be paid by the city as the proponent to annex the territory.

(7)

Failure to provide city services. Failure to comply in providing services to the said area or to zone in compliance with the plan of intent within three years after the effective date of the city-initiated annexation, unless compliance is made unreasonable by an act of God, shall give rise to a cause of action for deannexation which may be filed in the circuit court by any resident of the area who was residing in the area at the time the annexation became effective.

(8)

If the area proposed for annexation includes a public road or highway but does not include all of the land adjoining such road or highway, then such fee owners of record, of the lands adjoining said highway shall be permitted to intervene in the declaratory judgment action described in subdivision (d)(5), above.

(e)

Deannexation.

(1)

Deannexation from the city, which involves the removal of territory from the city, shall adhere to the pertinent provisions of RSMo ch. 71. A cause of action for deannexation may be filed in the circuit court by any resident of the area who was residing in the area at the time the annexation became effective.

(2)

Consistent with the provisions of RSMo 71.012, any action of any kind seeking to deannex from the city or to reverse, invalidate, set aside, or otherwise challenge such annexation shall be brought within five years of the date of adoption of the annexation ordinance.

(Ord. No. 1583-22, § 1(Att.), 4-26-22; Ord. No. 1601-22, § 1(Att.), 10-25-22)

(a)

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts on the zoning map, 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 line shall be construed to be said boundaries.

(3)

Where a district boundary line divides a lot, or unsubdivided property, and the dimensions are not shown on the zoning map, the location of such boundary shall be as indicated upon the zoning map using the scale appearing on such map.

(4)

Where an issue is addressed in more than one code, regulation or ordinance, the most restrictive ordinance or regulation applies.

(Ord. No. 1583-22, § 1(Att.), 4-26-22)

(a)

Except as otherwise provided herein, it shall be unlawful to use any land or building for any purpose other than is permitted in the district in which such land or building is located. No building shall hereafter be erected, reconstructed, relocated or structurally altered to cover a greater percentage of lot area than permitted to accommodate or have smaller yards, courts or open spaces than permissible under the limitations set forth herein for the district in which such building is located.

(b)

No part of a yard, or other open space required about any building, existing or hereafter provided for a building or use and necessary to meet or partially meet the requirements of this regulation, shall be included as part of a yard or other open space required for another building.

(c)

No lot, held under one 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 less, the dimensions or area shall not be further reduced.

(d)

No building shall hereafter be erected, reconstructed, relocated, or structurally altered on any lot or parcel unless such lot or parcel has frontage upon a publicly dedicated street or right-of-way, or a private street or right-of-way approved under the provisions of this chapter. Where a building is in existence, no such required dedicated street or right-of-way or approved private street or right-of-way shall be vacated so as to eliminate the required access to a publicly dedicated street or right-of-way.

(Ord. No. 1583-22, § 1(Att.), 4-26-22)

(a)

Except as hereinafter specifically provided:

(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, or to exceed the height limit herein established for the district in which such building is located, except in conformance with the off-street parking and loading regulations of the district in which such building is located, and in no case shall there be more than one main building on one lot except as specifically provided hereafter.

(3)

The minimum yards, parking spaces, and open spaces, including lot area per family, required by this chapter for each and every building existing at the time of passage of this chapter or for any building hereafter erected 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.

(Ord. No. 1583-22, § 1(Att.), 4-26-22)

(a)

Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice, and similar matters may be charged to applicants for use permits, sign permits, preliminary plats, final plats, conditional use permits, zoning amendments, variances, and other administrative relief.

(b)

All fees related to an independent engineering review prior to issuance of a construction permit are the responsibility of the applicant/developer.

(Ord. No. 1583-22, § 1(Att.), 4-26-22)