Knob Noster City Zoning Code
ARTICLE I
General Provisions
Section 405.010 Title.
[R.O. 2012 §405.010; Ord. No. 522 §§1—3, 12-1-1992]
This Chapter, including the Zoning District Map incorporated by reference as if more fully set out herein, shall be known as, referred to, and cited as the "Zoning Code" for the City of Knob Noster, Missouri.
Section 405.020 Purpose.
[R.O. 2012 §405.020; Ord. No. 522 §§1—3, 12-1-1992]
The purpose of this Chapter is to promote the comfort, health, safety, morals, prosperity, and general welfare of the citizens residing in Knob Noster by dividing such into zones and districts and prescribing regulations and restrictions on the location and use of buildings and the use of land within each district or zone.
Section 405.030 Authority.
[R.O. 2012 §405.030; Ord. No. 522 §§1—3, 12-1-1992]
This Chapter is adopted under the authority granted by Sections 89.010, RSMo., et seq., and amendments thereto.
Section 405.040 Rules For Interpretation of District Boundaries.
[R.O. 2012 §§405.040, 405.240(3); Ord. No. 522 §§1—3, 12-1-1992]
A.
Where district boundaries on the Zoning Map are indicated as approximately following the centerline of streets, highways, or railroads, such boundaries shall be deemed to be located at such midpoints.
B.
Where district boundaries are so indicated that they approximately follow lot lines or section lines, such lines shall be construed to be said boundaries.
C.
Where the boundary of a district follows a stream, lake or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the City, unless otherwise indicated.
D.
In non-subdivided property, the district boundary lines on the map accompanying and made part of this Chapter shall be determined by the use of the scale appearing on the Map.
Section 405.050 Intent.
[R.O. 2012 §405.050; Ord. No. 522 §§1—3, 12-1-1992]
A.
It is the general intent of this Chapter to:
1.
Regulate the use of all structures and lands in the community;
2.
Regulate lot coverage, population density and distribution, and the location, height and size of all structures;
3.
Secure safety from fire, flooding, panic, and other dangers;
4.
Provide adequate light, air, sanitation, and drainage;
5.
Further the appropriate use of land and conservation of natural resources;
6.
Obtain the wise use, conservation, development, and protection of the City's water, soil, wet lands, woodland, and wildlife resources, and attain a balance between land uses and the ability of the natural resource base to support and sustain such uses;
7.
Stabilize and protect the beauty of the area;
8.
Encourage orderly growth while integrating new urban areas into the fabric of the community, maintaining a high quality environment, and promoting fiscal responsibility;
9.
Lessen congestion in and promote the safety and efficiency of the streets and highways;
10.
Facilitate the adequate provision of public facilities and utilities; and
11.
Bring about the gradual conformity of uses of land to the comprehensive plan and to the Zoning Regulations set forth in this Chapter, and to minimize the conflicts among uses of land and buildings.
Section 405.060 Annexation of Land.
[R.O. 2012 §405.060; Ord. No. 522 §§1—3, 12-1-1992]
A.
The following factors should be considered as factors in finding a proposed annexation, voluntary and involuntary, reasonable and necessary:
1.
There must be a need for residential, commercial or industrial sites within the proposed area;
2.
The City is unable to meet its needs without expansion;
3.
Only needs which are reasonably foreseeable and not visionary should be considered;
4.
Past growth may be relied upon to show future necessity;
5.
In evaluating future needs, the extent to which past growth has caused the City to spill over into the proposed area should be considered;
6.
The beneficial effect of uniform application and enforcement of municipal Zoning Ordinances in the City and in the annexed area;
7.
The need for or the beneficial effect of uniform application and enforcement of municipal Building Codes;
8.
The need for or the beneficial effect of extending police protection to the annexed area;
9.
The need for or the beneficial effect of uniform application and enforcement of municipal ordinances or regulations pertaining to health;
10.
The need for and the ability of the City to extend essential municipal services into the annexed area;
11.
Enhancement in value by reason of adaptability of the land proposed to be annexed for prospective City uses; and
12.
Regularity of boundaries.
Section 405.070 Severability.
[R.O. 2012 §405.070; Ord. No. 522 §§1—3, 12-1-1992]
If any Section, clause, provision, or portion of this Chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter shall not be affected thereby.
Section 405.080 Abrogation and Greater Restrictions.
[R.O. 2012 §405.080; Ord. No. 522 §§1—3, 12-1-1992]
A.
Public Provisions. The provisions of this Chapter are not intended to interfere with, abrogate, or annul any other City rule, regulation, Statute, or other provision of law. Where any provision of this Chapter imposes restrictions different from those imposed by any other Statute, rule, regulations, or other provision of law, whichever provisions are more restrictive, or impose higher standards, shall control.
B.
Private Provisions. The provisions of this Chapter are not intended to abrogate any easement, covenant or any other private agreement, or restriction, provided that, where the provisions of this Chapter are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of this Chapter shall govern.
Section 405.090 Interpretation.
[R.O. 2012 §405.090; Ord. No. 522 §§1—3, 12-1-1992]
In their interpretation and application, the provisions of this Chapter shall be liberally construed in favor of the City and shall not be construed to be a limitation nor repeal of any other power granted by the Missouri Statutes.
Section 405.100 Savings Provision.
[R.O. 2012 §405.100; Ord. No. 522 §§1—3, 12-1-1992]
This Chapter shall not be construed as abating any action now pending under, or by virtue of, a prior existing Zoning Code, or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting the liability of any person, firm, or corporation, or as waiving any right of the City under any Section or provision existing on December 1, 1992, or as vacating or annulling any rights obtained by any person, firm, or corporation, by lawful action of the City, except as follows:
If the applicable regulations of this Chapter or any amendment to the Chapter after issuance of a building permit, granting of a variance or issuance of a special permit make the proposed use under such building permit, variance or special permit non-conforming as to the Use and Bulk Regulations, in Section 405.390, and no substantial construction or substantial operations for non-building uses have been undertaken on the structure or foundation, or conducted for the non-building uses, within one hundred twenty (120) days after the effective date of the adoption of this Chapter (December 1, 1992) and any amendments thereto, the building permit, special permit, or variance shall be invalid. If substantial construction or substantial operations have taken place and are continuing at the time, the proposed use may be completed.
Section 405.110 Application of Regulations.
[R.O. 2012 §405.110; Ord. No. 522 §§1—3, 12-1-1992]
No building or land shall hereafter be used or occupied, and no building or part thereof shall be erected, moved or altered unless in conformity with the Zoning Regulations herein specified for the district in which it is located, and unless it is on at least one (1) lot, as herein defined, except in Industrial Districts. Each lot may be divided into two (2) building sites by a lot split, provided each portion can meet all area, lot width, and setback regulations of the Zoning District in which it is located. Each lot of record as herein defined may also support one (1) principal building so long as it complies with all applicable Zoning Regulations. If more than one (1) building site is desired, the land must be platted pursuant to the City Subdivision Regulations.