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Hannibal City Zoning Code

ARTICLE I

- IN GENERAL

Sec. 32-1.- Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building means a subordinate building or portion of a main building, the use of which is incidental to that of the main building.

Accessory use means a use natural and incidental to, and devoted exclusively to the main use of the premises.

Alley means a public thoroughfare affording only a secondary means of access to abutting property.

Apartment house means a dwelling used or designed as a residence for three or more families living independently of each other, including apartments, apartment hotels or group housing.

Basement means a story partly or wholly underground which, if not occupied for living purposes by other than the janitor or his family shall not be included as a story for the purpose of height measurement nor counted as floor area.

Bed and breakfast inn means a building or group of buildings containing one or more guestrooms for an overnight stay, which are rented at a daily rate and where meals may be served for compensation to overnight guests only.

Billboard means any structure or part thereof on which is lettered, pictured or displayed matter, the chief purpose of which is for advertising or publicity.

Block means the property abutting a street between the two nearest intersections or intercepting streets. A railroad right-of-way or the boundary line of unsubdivided acreage, or a body of water shall be regarded the same as an intersection or intercepting street for the purpose of defining the term "block."

Boardinghouse means a building other than a hotel where lodging and meals for five or more persons are served for compensation.

Building means a structure having a roof supported by columns or walls for shelter or enclosure of persons, animals or chattel.

Building, height of, means the vertical distance to the level midway between the eaves and the highest point of the roof, at the center of the building's principal front, measured as follows:

(1)

From the established grade, if the front of the building is not more than five feet from the front property line.

(2)

From the average elevation of the finished grade along the front of the building, if the building is set back more than five feet from the front property line.

Bulk plant means any tankage loading facilities and buildings used for the storage and distribution of flammable liquids by tank truck, tank car, or pipeline.

Business means any calling, occupation, trade or undertaking occupying the time, attention and labor of men for the purpose of a livelihood or profit.

Cabins, tourist courts ormotels means small dwelling units designed or used for renting to tourists, transients, or others for temporary accommodation.

Dwelling, multiple, means a building or portion thereof used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartments.

Dwelling, one-family, means a detached building designed or occupied exclusively by one family; the term "one-family dwelling" does not include a mobile home.

Dwelling, temporary, means a dwelling unit, whether of the mobile, trailer demountable, or constructed in place type that has only temporary foundations, as contrasted with masonry foundations with frost line footings, and having no permanent sanitary connections and not intended primarily as a permanent residence.

Dwelling, two-family, means a building designed or occupied exclusively by two families living independently of each other.

Erected means built, constructed, reconstructed, moved upon, or any physical operations on the premises required for the building. Excavation, fill, draining, and the like shall be considered a part of erection.

Essential services means the erection, construction, alteration or maintenance by public utilities or municipal departments or commissions, of underground or overhead gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police callboxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, but not including buildings, reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health or safety or general welfare.

Established grade means the elevation of the centerline of the highway in front of the center of the lot, as established by the city engineer.

Family means one or more persons occupying a building and living as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodginghouse or hotel.

Filling station means a space, structure or building for the retail sale or supply of motor fuels, lubricants, air, water and other customary facilities for the installation of such commodities in or on such motor vehicles, but not including special facilities for the painting, repair, or similar servicing thereof.

Financial institution means a use where some or all of the following business services are provided to the public: banking, savings and loan, credit unions, security exchanges, safe deposit vaults, insurance, and investment services.

First floor means the floor of a building approximately at, or first above, the mean level of the ground at the front of the building.

Floor area means, for the purpose of this chapter, the first floor area determined by outside measurements.

Garage, private, means a garage intended for and used by the private motor vehicles of the family resident upon the premises except that private garages may be rented to others for private vehicle storage. Such a garage shall not be used for more than one private commercial vehicle per family resident upon the premises.

Garage, public, means any garage not included within the definition of a private garage.

Group housing means multiple-family dwelling units for the residence of three or more families living independently of each other, having separate entrances, located on a common tract of land and enjoying some use or facility in common, such as operation, management, yard, court, etc. Such units may or may not be physically connected or under a common roof.

Home occupation means an occupation for gain or support conducted only by members of a family residing on the premises, provided that no special space is designed or arranged for such occupation, and provided that no article is sold or offered for sale except such as may be produced by members of the immediate family residing on the premises.

Hotel means a building occupied as a temporary abiding place of individuals who are lodged with or without meals, in which the rooms are occupied for hire and in which there are more than 20 sleeping rooms.

Junkyard means the use of more than 200 square feet of the area of any lot, or the use of that half of any lot which adjoins any street, for the storage, keeping or abandonment of any junk, including scrap metals, or other scrap material, or the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or part thereof. The term "junkyard" shall not include any of the foregoing uses that are accessory and incidental to any agricultural uses permitted in the district.

Lodginghouse means a building other than a hotel where lodging for five or more persons is provided for compensation.

Lot means land occupied or to be occupied by a building and its accessory buildings and including such open spaces as are required under this chapter, and having its frontage upon a public street or any private way used for street purposes.

Lot, corner, a lot abutting on two or more streets at their intersection.

Lot, depth of, means the mean distance from the center of the front to the center of the rear boundary of any irregular four-sided plot.

Lot, interior, means a lot other than a corner lot.

Lot lines means the lines bounding a lot.

Lot of record means a lot which is a part of a duly platted subdivision of the city as shown by map of the subdivision filed of record in the office of the recorder of deeds.

Lot, parking, means an area used for the temporary parking of vehicles except for the purpose of display or sale.

Lot, through, means a lot other than a corner lot having frontage on two streets.

Lot, width of, means the mean width measured at right angles to its depth.

Medical marijuana cultivation facility means a facility licensed by the Missouri Department of Health and Senior Services to acquire, cultivate, process, store, transport, and sell marijuana to a medical marijuana dispensary facility, medical marijuana testing facility, or to a medical marijuana infused products manufacturing facility; provided no medical marijuana cultivation facilities shall be located closer than 400 feet of any then existing elementary or secondary school, child day-care center, or church, as measured in a straight line from property lot line to property lot line. Any medical marijuana cultivation facility located in any zoning district in the City of Hannibal shall adhere to the above stated setback requirement with respect to elementary or secondary schools, child day-care centers, or churches.

Medical marijuana dispensary facility means a facility licensed by the Missouri Department of Health and Senior Services to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana-infused products manufacturing facility; provided no medical marijuana dispensary facilities shall be located closer than 400 feet of any then-existing elementary or secondary school, child day-care center, or church, as measured in a straight line from property lot line to property lot line. Any medical marijuana dispensary facility located in any zoning district in the City of Hannibal shall adhere to the above-stated setback requirement with respect to elementary or secondary schools, child day-care centers, or churches.

Medical marijuana infused-products manufacturing facility means a facility licensed by the Missouri Department of Health and Senior Services to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana testing facility, or to another medical marijuana-infused products manufacturing facility; provided no medical marijuana infused-products manufacturing facilities shall be located closer than 400 feet of any then existing elementary or secondary school, child day-care center, or church, as measured in a straight line from property lot line to property lot line. Any medical marijuana infused-product manufacturing facility located in any zoning district in the City of Hannibal shall adhere to the above-stated setback requirement with respect to elementary or secondary schools, child day-care centers, or churches.

Medical marijuana testing facility means a facility certified by the Missouri Department of Health and Senior Services to acquire, test, certify, and transport marijuana; provided no medical marijuana testing facilities shall be located closer than 400 feet of any then existing elementary or secondary school, child day-care center, or church, as measured in a straight line from property lot line to property lot line. Any medical marijuana testing facility located in any zoning district in the City of Hannibal shall adhere to the above stated setback requirement with respect to elementary or secondary schools, child day-care centers, or churches.

Nonconforming use means a use of a building or land that does not conform with the use regulations of the district in which it is situated.

Public utility means any person duly authorized to furnish, and furnishing, under municipal regulation to the public, electricity, gas, steam, telephone, telegraph, transportation, water, sewerage or sewerage disposal.

Retail business means offices and stores used for the sale of goods, wares, merchandise and services to the consuming public.

Setback means the minimum horizontal distance between the frontline of the building, excluding steps, and the street line.

Story that portion of a building included between the surface of any floor and the surface of the next floor above it; or if there is no floor above it, the space between the floor and the ceiling next above it. A basement shall be counted as a story if its ceiling is over five feet above the level from which the height of the building is measured or if it is used for business or for dwelling purposes.

Story, half, means the portion of a building between the eaves and the ridgelines of a pitched roof, which may or may not be used for tenant purposes.

Street means a public thoroughfare that affords the principal means of access to abutting property.

Structural alterations means any change in the supporting members of a building, such as bearing walls, columns, beams or girders, excepting such alterations as may be required for the safety of a building.

Structure means anything constructed, erected, or existing, the use of which requires a permanent location on the ground, or attached to something having a permanent location on the ground.

Trailer means a mobile home, manufactured home, or modular home as defined by the city building code.

Trailer camp means a lot or area used for parking, placing and using trailers for residence purposes.

Yard means an open space other than a court, on the same lot with a building, unoccupied except as otherwise herein provided.

Yard, front, means a yard extending the full width of the lot and situated between the front lot line and the front line of the building, projected to the side lines of the lot.

Yard, rear, means a yard extending the full width of the lot and situated between the rear lot line and the rear line of the building, projected to the side lines of the lot.

Yard, side, means an open occupied space on the same lot with the building and between the building and the side lot lines.

(Code 1963, §§ 80.010—80.560; Code 1988, § 32-1; Ord. No. 3566, §§ 1, 2, 3-3-1987; Ord. No. 4251, § 1, 5-27-2003; Ord. No. 4254, § 1, 6-3-2003; Ord. No. 4799 , § 1, 5-7-2019)

Sec. 32-2. - Unpermitted uses prohibited.

No building shall be erected, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than permitted in the zoning district in which such building or land is located.

(Code 1963, § 81.050; Code 1988, § 32-2)

Sec. 32-3. - Exceeding height limits.

No building shall be erected, reconstructed or structurally altered to exceed the height or bulk limit for the district in which such building is located.

(Code 1963, § 81.060; Code 1988, § 32-3)

Sec. 32-4. - Lot area prohibition.

No lot area shall be reduced or diminished so the yard or other open spaces is smaller than prescribed by this chapter, nor shall the density of population be increased in any manner except in conformity with the area regulations herein established.

(Code 1963, § 81.070; Code 1988, § 32-4)

Sec. 32-5. - Lot limit.

No building shall hereafter be erected or structurally altered unless located on a lot as herein defined, and in no case shall there be more than one building on one lot except as hereinafter provided.

(Code 1963, § 81.080; Code 1988, § 32-5)

Sec. 32-6. - Zone classification.

All ordinances which provide for the extension of the boundaries of the city shall contain a section or provision classifying the land so annexed as one or more of the districts described herein. Thereafter, the use and enjoyment of land so annexed and the buildings and structures thereon shall be subject to all restrictions, controls and limitations provided in this chapter or any rule or regulation made pursuant thereto.

(Code 1963, § 81.090; Code 1988, § 32-6)