Lake Waukomis City Zoning Code
ARTICLE I
In General
Section 400.005 Definitions.
For the purpose of this Title, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure"; the word "shall" is mandatory and not directory.
A portion of the main building located on the same lot, the use of which is customarily incident to that of the main building or to the use of the land. Where a substantial part of the wall of an accessory building is a part of the wall of the main building or where an accessory building is attached to the main building in a substantial manner by a roof, such accessory building shall be counted as part of the main building.
Living quarters within an accessory building located on the same premises with the main building for the sole use of persons employed on the premises.
A story partly or wholly underground. A basement shall be counted as a story for the purposes of height measurement where more than one-half (½) of its height is above the average level of the adjoining ground.
Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattels. Where dwellings are separated from each other by a division wall without openings, each portion of such dwelling shall be deemed a separate building. The word "building" includes the word "structure" and those structures on wheels or other supports used for business, storage or living purposes.
The vertical distance measured from the adjoining curb level to the highest point of ceiling of the top story in the case of a flat roof; the deck line of a mansard roof; and to mean height level between eaves and ridge of a gable, hip or gambrel roof. Provided however, that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.
A story having more than one-half (½) of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement.
The "Planning and Zoning Commission" of the City.
An open unoccupied space, other than a yard, on the same lot with a building and bounded on two (2) or more sides by such a building.
A section or sections of the area of the City for which the regulations governing the use of buildings and premises or in which the height and area of buildings are uniform.
Any building, or portion thereof, which is designed or used exclusively for family residential purposes.
A building designed for or occupied exclusively by one (1) family.
Up to two (2) individuals or a married couple and the children thereof and no more than two (2) other persons related directly to the individuals or married couple by blood or marriage, occupying a single housekeeping unit with single kitchen facilities, used on a non-profit basis. A "family" may include not more than one (1) additional person, not related to the family by blood or marriage, provided that such additional person may be provided with sleeping accommodations but not with kitchen facilities.
The portion of a dwelling, excluding cellar, basement, garage or porches, used or designed to be used for the occupancy by individuals or family as a single housekeeping unit.
All the property on one (1) side of a street between two (2) intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one (1) side between an intersecting street and the end of the dead-end street.
A building capable of housing not more than three (3) motor-driven vehicles, the property of and for the use of the occupants of the lot on which the private garage is located, provided however, that said vehicles shall not include contractors' equipment, gasoline trucks and similar vehicles not ordinarily used incidental to domestic activities.
For buildings having walls adjoining one (1) street only, the elevation of the sidewalk at the centers of all walls adjoining the streets.
For buildings having walls adjoining more than one (1) street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.
Any wall approximately parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street.
Any home in which eight (8) or fewer mentally or physically handicapped persons reside and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.
Any place for the treatment or care of human ailments, including sanitarium, sanatorium, nursing, convalescent or rest home, or other such place of treatment or care, but not including clinics or institutions for contagious diseases, mental disorders, drug addiction, liquor addiction or insanity, or other types of the cases which would necessitate physical restraint.
An automobile, truck or other motor vehicle which cannot operate under its own power and which will require major repairs before being made usable, or which does not comply with State, County or City laws or ordinances or licensing requirements.
Any lot or premises on which three (3) or more dogs, at least four (4) months of age, are kept.
The portion of a dwelling, excluding cellar, basement, garage or porches, used or designed to be used for the occupancy by individuals or family as a single housekeeping unit, which area is equipped with heating, lighting and sanitation facilities in conformity with all ordinances and Statutes of governmental entities regulating such items.
A parcel of land occupied or intended for occupancy by a use permitted in this Title, including one (1) main building together with its accessory buildings, the open spaces and parking spaces required by this Title, having its principal frontage upon a street or upon an officially approved place.
A lot abutting upon two (2) or more streets at their intersection.
The mean horizontal distance between the front and rear lot lines.
A lot having a frontage on two (2) non-intersecting streets; as distinguished from a corner lot.
The lines bounding a lot as defined herein.
Any building or land lawfully occupied by a use at the time of passage of this Chapter or amendment thereto which does not conform after the passage of this Chapter or amendments thereto with the use regulations of the district in which it is situated.
A durable, dustproof, surfaced area, enclosed in the main building, in an accessory building or unenclosed, sufficient in size to store one (1) standing automobile, and if the space is unenclosed, a durable dustproof surface area comprising an area of not less than three hundred (300) square feet including the necessary driveway and space between automobiles on the parking lots. The driveways connecting a parking space with street or alley shall provide satisfactory ingress and egress of automobiles and shall be designed to prevent all possible traffic and fire hazards. Such area shall be paved with an asphalt penetration surface, asphaltic concrete or Portland cement concrete and shall have appropriate bumper guards when needed.
An association of persons, whether incorporated or unincorporated, organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise, provided however, that the activities of such association shall not be violations of any Federal, State or County or municipal laws in effect.
Any structure or part of a structure not in excess of fifteen (15) feet, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished for occupancy.
All property dedicated or intended for public or private street, highway, freeway or roadway purposes or subject to easements therefor.
A dividing line between a lot, tract or parcel of land and a contiguous street.
Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
Anything constructed or erected, the use of which requires permanent location on the ground or which is attached to something having a permanent location on the ground including, but not limited to, advertising signs, billboards, backstops for tennis courts and pergolas, radio towers, memorials and ornamental structures. The word "structures" includes the word "building" in addition to the foregoing.
Any structure used, or capable of being used, for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses or skirting and which is, has been, or reasonably may be equipped with wheels or other devices for transporting the structure from place to place whether by motive power or other means. The term "trailer" shall include camp car and house car. A permanent foundation shall not change its character if the structure can be removed therefrom practically intact.
An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.
A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street right-of-way line and the main building or any projection thereof, other than the projection of the usual steps or entrance way. The front yards of lots fronting on major highways, however, shall be determined by measurement from the centerline of the major highway right-of-way.
A yard extending across the rear of a lot measured between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yard shall be at the opposite end of the lot from the front yard.
A yard between the main building and the side line of the lot and extending from the front lot line to the rear lot line, measured as the mean horizontal distance between the lot line and the main buildings.
Section 400.006 Applicant And Permit Fees.
[Ord. No. 532, 12-21-2018]
All Application, Permit, Zoning and related fees arising under Chapter 400 shall be as set forth in a Schedule approved by the Board of Aldermen, as amended from time to time.
Section 400.010 Districts Enumerated.
[CC 1974 §25-1; Ord. No. 40 §2, 11-21-1960]
A.
For the purposes of regulating and restricting the use of land and the erection, construction, reconstruction, alteration, repair or use of buildings and the location and height of buildings hereafter erected or altered and regulating and determining the area of yards, courts and other open spaces in connection with buildings hereafter erected or altered, the City is hereby divided into the following districts:
Section 400.020 District Boundaries.
[CC 1974 §25-2; Ord. No. 40 §3, 11-21-1960]
A.
The boundaries of the districts designated in the previous Section shall be as follows:
1.
District A shall comprise and include all of the lands located and situated within the corporate limits of the City, such corporate limits being all that part of Lake Waukomis, a subdivision of land in the County, as the boundary lines of Lake Waukomis, a subdivision of land, are established and designated on the recorded plat of Lake Waukomis, which plat is recorded in plat book 4, page 32 at the Recorder of Deeds office in the County; except, that from District A that part of the land shown on the plat of Lake Waukomis and marked and designated as park and parkway areas shall be excluded, which parks and parkway areas are hereinafter zoned in District B.
2.
District B shall comprise and include all of the land designated as parks and parkways on the plat of Lake Waukomis, a subdivision of land in the County, which plat is recorded in plat book 4, page 32 at the Recorder of Deeds office in the County.
Section 400.030 Compliance With Chapter, Etc.
[CC 1974 §25-3; Ord. No. 40 §4, 11-21-1960]
A.
Except as hereinafter provided:
1.
No buildings or structures shall be erected, moved, reconstructed or structurally altered, nor shall any building, structure or land be used for any purpose other than is permitted in the district in which such building, structure or land is situated.
2.
No building or structure shall be erected, moved, extended, enlarged, reconstructed or structurally altered to exceed the height or area limits established in this Chapter for the district in which such building or structure is situated.
3.
No light area shall be reduced or diminished so that the yards or other open spaces shall be smaller than prescribed by this Chapter, nor shall the density of population be increased in any manner except in conformity with the regulations established in this Chapter.
Section 400.040 Interpretation and Applicability of Chapter.
[CC 1974 §25-4; Ord. No. 40 §9, 11-21-1960]
In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of health, safety, morals, comfort and general welfare. Wherever the zoning regulations of this Chapter require a greater width or size of yards, courts or other open spaces or require a lower height of building or a fewer number of stories or require a greater percentage of lot to be left unoccupied or require a lower density of population or require a more restricted use of land or impose other higher standards than are required in any other Statute, local ordinance or regulation, private deed restrictions or private covenants, the provisions of the regulations made under authority of this Chapter shall govern.
Section 400.050 Zoning Commission - Created - Composition - Appointment, Qualifications and Terms of Members.
[CC 1974 §25-5; Ord. No. 40 §15, 11-21-1960]
There is hereby created a Zoning Commission of the City, which Commission shall consist of five (5) members to be appointed by the Board of Aldermen as hereinafter provided. The members of the Commission shall be free holders of this City. The members for the first (1st) Commission appointed following the adoption of this Chapter shall serve respectively as follows: one (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4) years and one (1) for five (5) years. Thereafter members shall be appointed for a term of five (5) years each.
Section 400.060 Zoning Commission - Powers and Duties - Filling Vacancies.
[CC 1974 §25-6; Ord. No. 40 §15, 11-21-1960]
The powers and duties of the Zoning Commission shall be as set forth and provided in this Chapter and as set forth and provided by law. Vacancies on the Zoning Commission shall be filled by appointment made by a majority vote of the Board of Aldermen for the unexpired term of any member whose term becomes vacant.
Section 400.070 Enforcement Officer - Office Created - Appointment - Term - Compensation - Appealing Acts or Rulings of.
[CC 1974 §25-7; Ord. No. 40 §12, 11-21-1960]
A.
There is hereby created the office of Enforcement Officer. Such officer shall be appointed by a majority vote of the members of the Board of Aldermen and shall serve at the will of the Board of Aldermen and not for any definite term. His/her compensation, if any, shall be fixed by the Board of Aldermen.
B.
Any person aggrieved by any act or ruling of the Enforcement Officer may appeal in writing to the Board of Adjustment for final disposition.
Section 400.080 Enforcement Officer - Powers and Duties.
[CC 1974 §25-8; Ord. No. 40 §13, 11-21-1960; Ord. No. 522, 9-12-2018]
A.
It shall be the duty of the Enforcement Officer to enforce the provisions of this Chapter and to refuse to issue any building permit for any building or structure which will violate any of the provisions of this Chapter.
B.
The Enforcement Officer is hereby authorized and instructed and authorized to take all steps and institute any legal proceedings necessary in connection with the enforcement of this Chapter, including, but not limited to, issuance of citations, civil actions and abatement activity regulation.
C.
Other than the issuance of citations, the Enforcement Officer is hereby authorized and instructed to take all steps and institute any legal proceedings necessary in connection with the enforcement of this Chapter; provided that prior to instituting any civil action for the purpose of enforcing the provisions of this Chapter, the Enforcement Officer shall first obtain the consent thereto of the Board of Aldermen, which consent shall be granted by a majority of the members of the Board.
Section 400.090 Permit To Erect, Enlarge, Etc., Buildings - Required.
[CC 1974 §25-9; Ord. No. 40 §14, 11-21-1960]
No building or other structure shall be erected, reconstructed or enlarged, nor shall it be altered in such a manner as to prolong the life of the building, nor shall the use of any land be changed without first obtaining a permit from the Enforcement Officer, which permit shall be issued in accordance with the terms of this Chapter.
Section 400.100 Permits - Application - Plans and Statements - Issuance - Records - Revocation.
[CC 1974 §25-10; Ord. No. 40 §14, 11-21-1960]
No permit shall be issued unless there shall first be filed in the office of the Enforcement Officer, by the applicant therefor, information satisfactory to the Enforcement Officer, which information shall include a plan in duplicate, drawn to scale, correctly showing the location and actual dimensions of the lot to be occupied, the dimensions and location on the lot of the building to be erected, constructed, reconstructed, enlarged or altered with measurements from all lot lines to foundation lines of the building, together with a true statement, in writing, signed by the applicant, showing the use for which such building or premises is arranged, intended or designed. No permits shall be issued by such Enforcement Officer unless such plan or information shall show that such building or structure shall conform in all particulars with the provisions of this Chapter. A record of such application and plan shall be kept in the office of the Enforcement Officer. The Enforcement Officer shall have the power to revoke any permit which has been issued in case of violation of the conditions of such permit. Application and permit forms shall be obtained and furnished by the Enforcement Officer at the expense of the City.
Section 400.110 Non-Conforming Uses.
[CC 1974 §25-12; Ord. No. 40 §8, 11-21-1960]
A non-conforming use, building or structure existing at the time of adoption of this Chapter or any amendment thereof may be maintained, but not structurally altered or changed to a conforming use. Such non-conforming use shall not be expanded or re-established if discontinued, nor shall it be continued if the structure or building be damaged to the extent of seventy-five percent (75%) of its reproduction cost when new.
Section 400.120 Procedure For Amending Chapter.
[CC 1974 §25-13; Ord. No. 40 §10, 11-21-1960]
The regulations imposed and the districts created under this Chapter may be amended, from time to time, by the Board of Aldermen by an order; provided that a hearing on such proposed amendment shall first have been had before the Zoning Commission; and provided further, that a notice of such hearing shall be given as provided by law. Such notice shall be as prescribed in Section 89.050, RSMo., and amendments thereto; provided further, that in the event of a protest against such amendment filed in writing with the Zoning Commission and signed and acknowledged by the owners of ten percent (10%) or more either of the areas of the land, exclusive of streets, included in such proposed amendment or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet from the boundaries of the district proposed to be changed, such amendments shall not become effective except by the favorable vote of three-fourths (¾) of all of the members of the Board of Aldermen.
Section 400.130 Publication of Notices.
[CC 1974 §25-14; Ord. No. 40 §11, 11-21-1960]
All notices required to be published under the provisions of this Chapter or the laws of this State with reference to any act to be done or performed as herein provided shall be published in a newspaper printed and published in the County and qualified to take legal publications.
Section 400.140 Enforcement of Chapter - Penalties. [1]
[CC 1974 §25-15; Ord. No. 40 §18, 11-21-1960]
A.
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained or any building, structure or land is used in violation of Sections 89.010 to 89.140, RSMo., or of any ordinance or other regulation made under authority conferred thereby, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. Such regulations shall be enforced by the Zoning Commission or other officer authorized to issue building permits, who is empowered to cause any building, structure, place or premises to be inspected and examined and to order, in writing, the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations made under authority of Sections 89.010 to 89.140, RSMo.
B.
The owner or general agent of a building or premises where a violation of any provision of this Chapter has been committed or shall exist or the lessee or tenant of any entire building or entire premises where such violation has been committed or shall exist or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) for each and every day that such violation continues; but if the offense be willful on conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) nor more than two hundred fifty dollars ($250.00) for each and every day that such violation shall continue or by imprisonment in the City Jail for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment.
C.
Any such person, having been served with an order to remove any such violation, failing to comply with the order within ten (10) days after such service or continuing to violate any of the provisions of this Chapter in the respect named in such order shall also be subject to a civil penalty in the sum of two hundred fifty dollars ($250.00).