Marshall City Zoning Code
ARTICLE I
In General
Section 405.010 Scope, Purpose Of Provisions.
[Ord. No. 5757 § 31-1, 11-16-1981]
In interpreting and applying the provisions of this Chapter, they shall be held to the minimum requirements for the promotion of the health, safety, morals, and general welfare. It is not intended by this Chapter to impair or interfere with any provision of law or ordinances of any rules or regulations previously adopted pursuant to law relating to the use of buildings or premises; nor is it intended by this Chapter to interfere with or abrogate or annul any easements, covenants, or agreements.
Section 405.020 Definitions.
[Ord. No. 5757 § 31-2, 11-16-1981]
A.
Words used in the present tense include the future, words in the singular number include plural; and words in the plural number include the singular; the word "building" includes the word "structure"; the word "shall" or the word "must" is mandatory and not directory; the word "lot" includes the word "plot"; the term "used for" includes the meaning "designed for" or "intended for."
B. ACCESSORY BUILDING OR USE AGRICULTURAL USE ALLEY ALTERATION ANIMAL CLINIC ANIMAL HOSPITAL APARTMENT APARTMENT HOTEL APARTMENT HOUSE BASEMENT BLOCK BOARDINGHOUSE or LODGING HOUSE CAMPGROUNDS CAMPING TRAILER CONFINED FEEDING CURB LEVEL DAY-CARE FACILITYa. b. c. DRIVEWAY DWELLING DWELLING, MULTIPLE DWELLING, SINGLE-FAMILY DWELLING, TWO-FAMILY FAMILY FLOOD HAZARD AREA FLOOR AREAa. b. (1) (2) (3) (4) (5) (6) (7) (8) FLOOR AREA RATIO FRONT YARD FRONT YARD DEPTH GARAGE, COMMUNITY GARAGE, PRIVATE GARAGE, PUBLIC GARAGE, STORAGE HEIGHT OF BUILDINGSa. b. c. HEIGHT OF YARD OR COURT HOME OCCUPATIONSa. (1) (2) (3) (4) (5) (6) (7) (8) (9) b. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) c. (1) (2) (3) (4) (5) (6) (7) (8) (9) HOTEL INSTITUTION KENNEL KENNEL, BOARDING LOT LOT, CORNER LOT DEPTH LOT, INTERIOR LOT LINES LOT, THROUGH LOT WIDTH MEDICAL, DENTAL OR HEALTH CLINIC MOBILE HOME MOBILE HOME PARK MOBILE HOME SPACE MOBILE HOME SUBDIVISION NON-CONFORMING USE, ABANDONED OR DISCONTINUED NON-CONFORMING USE, BUILDING OR YARD NURSING HOME or CONVALESCENT HOME PARKING SPACE PLACE PRIVATE CLUB PUBLIC UTILITY REAR LINE REAR YARD REAR YARD DEPTH RESTAURANT RESTAURANT, DRIVE-IN SENIOR CITIZEN APARTMENT SERVICE STATION SIDE LINE SIDE YARD SIGN SIGHT TRIANGLE SPECIAL USE PERMIT STABLE, PRIVATE STABLE, PUBLIC STORY STREET STREET LINE STREET NETWORKa. b. c. d. STRUCTURAL ALTERATIONS TAVERN TOURIST CABINS or TRAILER CAMPS TOURIST HOME TRAVEL TRAILERa. b. TWO-FAMILY TOWNHOME
For the purpose of this Chapter, the following words and terms as used herein are defined to mean the following:
A subordinate building, a portion of the main building, or a use customarily incident to and located on the lot occupied by the main building or use of the property.
The use of a tract of land of not less than five (5) acres for the growing of crops, pasturage, nursery or the raising of poultry, including the structures necessary for carrying out farming operations and the residence or residences of those owning or operating the premises, a member of the family thereof, or persons employed thereon, and the family thereof, but such use shall not include feedlots as defined by the State Statute.
A public way which affords only a secondary means of access to abutting property.
As applied to a building or structure, is a change or rearrangement in the structural parts of an existing building or structure. Enlargement, whether by extending a side, increasing in height or the moving from one (1) location or position to another, shall be considered as an alteration.
Any building or structure where animals are diagnosed, cared for or treated for physical ailments.
Any building or structure where physical ailments are diagnosed, cared for or treated for physical ailments while confined within the building or structure.
A room or a suite of rooms within an apartment house arranged, intended, designed for or used as a place of residence of a single family or group of individuals living together as a single housekeeping unit.
An apartment house which furnishes for the use of its tenants services of which are not primarily available to the public.
A building arranged, intended, designed for or occupied by more than two (2) families.
A story below the first story as hereafter defined.
A piece or parcel of land entirely surrounded by public highways or streets other than alleys. In cases where the platting is incomplete or disconnected, the Building Official shall determine the outline of the block.
[Ord. No. 5804 § 1, 7-6-1982]
A building other than a hotel, occupied as a single housekeeping unit where lodging or meals are provided for six (6) or more persons for compensation pursuant to previous arrangements, but not for the public or transients.
[Ord. No. 6187 § 2, 8-4-1986]
Any piece, parcel, tract or plot of ground which provides space for transient occupancy and is used or intended to be used for the parking of one (1) or more camping trailers, tents or similar recreational vehicles. Under no circumstances shall any one (1) camper occupy a campground for a period exceeding fifteen (15) consecutive days. The term "campgrounds" does not include sales lots on which unoccupied camping trailers, whether new or used, are parked for the purpose of storage, inspection or sale.
Any vehicular portable dwelling unit designed especially for short term occupancy such as: travel trailers, tent trailers, truck or auto-mounted camping units, converted buses and trucks and all other similar units whether self-propelled, pulled or hauled and designed primarily for highway travel without the necessity of a special permit.
The confined feeding of animals for foods, fur or pleasure purposes in lots, pens, pools or ponds which are not normally used for raising crops and in which no vegetation intended for animal food is growing. This will not include a wintering operation for cows in lots or on farming grounds unless the operation causes a pollution problem. Food animals shall include fish, fowl, cattle, swine and sheep. Fur animals shall include any animal raised for its pelt. Pleasure animals shall include dogs and horses.
The mean level of the curb in front of the lot, or in case of a corner lot, along that abutting street where the mean curb level is the highest.
A place for reception, care, training or instruction of children, not of common parentage, residing therein regardless of sex, under the age of eighteen (18) years, for compensation or otherwise including preschool centers, nursery schools etc., providing that nothing herein contained shall be construed as applying to the regularly established public or parochial schools, colleges, etc. The term "day-care facility" includes the following:
FAMILY DAY-CARE HOMEA family home in which care is given to six (6) children or less, not related to the day-care provider, for any part of the twenty-four-hour day.
GROUP DAYCARE HOME — A family home in which care is given to ten (10) children or less, not related to the day-care provider, for any part of the twenty-four-hour day.
DAY-CARE CENTERA group program providing care for more than ten (10) children in a family home, or more than four (4) children in a facility other than a family home, for any part of the twenty-four-hour day.
An area established or used for ingress and egress of vehicles from a street or thoroughfare to any point on private property.
A building arranged, intended, designed for, or occupied for residential purposes.
A building or portion thereof designed for or occupied as the home of three (3) or more families or households living independently of each other, including apartment houses, row houses, tenements, and apartment hotels.
A residential building having accommodations for and occupied exclusively by one (1) family.
A residential building have accommodations for and occupied exclusively by two (2) families, independently. Two-family dwellings shall be considered as duplexes.
Any number of individuals living together as a single housekeeping unit, as distinguished from a group occupying a boardinghouse or hotel as defined herein.
An area within the flood plain as determined by the most recent flood elevation study by the U.S. Department of Housing and Urban Development.
FOR COMPUTING OFF-STREET PARKING REQUIREMENTSThe gross floor area of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two (2) buildings and shall include the following areas:
FLOOR AREA FOR DETERMINING FLOOR AREA RATIOAs used herein, shall be computed as the sum of the following areas:
The gross horizontal areas of the several buildings measured from the exterior faces of exterior walls or from the center line of walls separating two (2) buildings, which shall include floor area utilized for stairwells or elevator shafts and floor space used for mechanical equipment (except equipment open or enclosed, located on the roof);
Penthouses;
Basement floor area;
Attic space having a headroom of seven (7) feet ten (10) inches or more;
Interior balconies or mezzanines;
Enclosed porches;
Floor area devoted to accessory uses;
Interior walls.
The maximum percentage of allowable floor area of a building or complex (including both principal and accessory buildings) computed by dividing the floor area of said complex or building by the area of the building site.
An open space, unoccupied, except as hereinafter provided, across the full width of the lot extending from the front line of the building to the front street line of the lot.
The minimum horizontal distance from the front line of the building to the front street line of the lot.
Any building or premises, other than a public, private or storage garage providing storage for motor vehicles with facilities for washing, but no other services, such garage to be in lieu of private garages within a block or portion of block.
An accessory building used for the storage only of motor vehicles.
Any building or premises used for the storage, care or repair of motor vehicles, which is operated for commercial purposes.
Any building or premises, except those defined as private, public or community garages providing storage for motor vehicles, with facilities for washing but no other services.
The vertical distance measured from the highest of the following three (3) levels:
From the street curb level;
From the established or mean street grade in case the curb has not been constructed;
From the average finished ground level adjoining the building where it sets back from the street line, to the level of the highest point of the roof beams of flat roofs or roofs inclining not more than one (1) inch to the foot, and the mean height level of the top of the main plate and highest ridge for other roofs.
The vertical distance from the lowest level of such yard or court to the highest point of any boundary wall.
A business, profession or trade conducted for gain or support entirely within a residential building subject to the following use limitations:
No commodities shall be displayed or sold on the premises except that which is produced on the premises.
No mechanical or electrical equipment shall be used that creates a nuisance due to but not limited to odor, noise, vibration, glare, etc.
No outdoor storage of materials or equipment used in the home occupation shall be permitted.
No alteration of the principal residential building shall be made which changes the character thereof as a residence.
The home occupation shall be carried on entirely within the principal residential structure and under no circumstances shall the home occupation be carried on within a detached accessory building.
No sign shall be permitted unless required by State Statute, and if so required, shall not exceed two (2) square feet in area, shall not be illuminated and shall be placed flat against the main wall of the building.
Operators or employees of a home occupation shall not exceed two (2) persons and shall be residents of the home in question.
No manufacturing or processing of any sort whatsoever shall be done and no stock-in-trade shall be displayed or sold on the premises.
Instructions in trades, crafts, dance, drama, music or other similar activities shall be limited to no more than five (5) pupils at any one time.
PARTICULAR HOME OCCUPATIONS PERMITTEDCustomary home occupations include, but are not limited to, the following list of occupations; provided, however, that each listed occupation is subject to the requirements of Subsection (a) of this definition:
Dressmakers, seamstresses and tailors.
Music teachers, provided that instruction shall be limited to not more than five (5) pupils at one time.
Dance and drama instructors, provided that instruction shall be limited to not more than five (5) pupils at one time.
Artists, sculptors and authors or composers.
Offices for architects, engineers, lawyers, realtors, insurance agents, brokers, doctors, dentists and members of similar professions.
Ministers, rabbis and priests.
Offices for salesmen, sales representatives, manufacturers representatives, when no exchange of tangible goods is made on the premises.
Home crafts, such as model making, rug weaving, lapidary work, cabinet making, etc., provided that no machinery or equipment shall be used other than that which would customarily be used in connection with the above home crafts when pursued as a hobby or avocation.
Day care or babysitters caring for six (6) or less unrelated children.
Barber shops and beauty parlors.
Services such as small appliances, radio and TV repair, provided only such sales of parts are made as are incident to repairs actually performed on the premises.
Dog and cat grooming.
[Ord. No. 7198 § 1, 7-6-1999]
PARTICULAR HOME OCCUPATIONS NOT PERMITTEDPermitted home occupations shall not in any event include the following:
Funeral homes.
Nursery schools, unless specifically permitted by the district regulations.
Restaurants.
Small grocery stores.
Stables or kennels.
Tourist homes, unless specifically permitted by the district regulations.
Renting of trailers or equipment.
Animal kennels or hospitals.
Auto and other vehicle repair.
A building occupied or used as a more or less temporary abiding place of individuals or groups of individuals who are lodged, with or without meals, and in which there are more than twelve (12) sleeping rooms, and no provision for cooking in individual rooms.
A building occupied by a non-profit corporation or a non-profit establishment for public use.
Any place, area, building, or structure where dogs over the age of ten (10) weeks and more than three (3) in number are boarded, bred, housed, cared for, fed, raised, or trained.
Any place, area, building, or structure where dogs [including those under one (1) year of age] are boarded, housed, cared for, fed, or trained by other than the owner.
A parcel of 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 principal frontage upon a public street or place.
A lot abutting upon two (2) or more streets at their intersection. A corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the Building Official.
[Ord. No. 5804 § 1, 7-6-1982]
The horizontal distance from the front street line to the rear lot line.
A lot whose side lines do not abut upon any street.
Lines bounding a lot as defined herein.
An interior lot having frontage on two (2) streets.
The horizontal distance between side lines measured at right angles to the depth.
Any building designed for use by one (1) or more persons lawfully engaged in the diagnosis, care, and treatment of physical or mental diseases or ailments of human beings; including but not limited to doctors of medicine, dentists, chiropractors, osteopaths, optometrists, podiatrist and in which no patients are lodged overnight, but which may include an apothecary.
A residential building constructed or assembled in a factory which is not certified pursuant to the Federal Housing and Urban Development (HUD) Code and which conforms to the American National Standards Institute (ANSI) standards for mobile homes.
Any area, piece, parcel, tract, or plot of ground equipped as required for support of mobile homes and used or intended to be used by one (1) or more occupied mobile homes, but under no circumstances shall the mobile home spaces be sold or offered for sale individually. The term "mobile home park" does not include sales lots on which unoccupied mobile homes, whether new or used, are parked for the purpose of storage, inspection, or sales.
A plot of ground within a mobile home park which can accommodate one mobile home and which provides the necessary utility services for water, sewerage, and electricity.
Any area, piece, parcel, tract, or plot of ground used or intended to be used for the purpose of selling lots for occupancy by mobile homes.
Business shall be transacted during at least three (3) months of the previous calendar year or the establishment shall be considered abandoned or discontinued. A residence shall be occupied during at least three (3) months of the previous year or the non-conforming use shall be discontinued. Property or business for sale or experiencing other extenuating circumstances must apply to the Planning and Zoning Commission if an extension is desired.
One (1) that does not, by reason of design or use, conform to the regulations of the district in which it is situated.
An institution, business, or agency licensed by the State for the reception, board, care, or treatment of three (3) or more unrelated individuals, but not including facilities for the care and treatment of mental illness, alcoholism or narcotics addiction.
An area surfaced for all-weather use, including gravel, sand, or comparable material for the purpose of storing one (1) parked automobile. For the purpose of this regulation, one (1) parking space shall have a minimum width of nine (9) feet and a minimum length of twenty (20) feet. In computing off-street parking, additional space shall be required for access drives to each parking space.
An open, unoccupied space other than a street or alley permanently established or dedicated as the principal means of access to property abutting thereon.
A non-profit association of persons who are bona fide members paying annual dues, which owns, hires, or leases a building or premises, or portion thereof, the use of such building or premises being restricted to members and their guests. The affairs and management of such private club are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting. It shall be permissible to serve food and meals on such premises, providing adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed, provided it is secondary and incidental to the promotion of some other common objective by the organization and further provided that such sale of alcoholic beverages is in compliance with the applicable Federal, State, and Municipal Laws.
Any business which furnishes the general public:
The boundary line which is opposite and most distant from the front street line; except that in the case of uncertainty the Building Official shall determine the rear line.
[Ord. No. 5804 § 1, 7-6-1982]
The area between the rear lot line and the rear line of the principal building and the side lot lines.
The minimum horizontal distance from the rear line of the principal building to the rear lot line.
A public eating establishment at which the primary function is the preparation and serving of food.
An establishment where for compensation food is prepared and dispensed and normally consumed on the premises but not necessarily within the confines of the building.
An apartment arranged, intended, and designed for use as a residence by individuals whose age is sixty (60) years or more.
[Ord. No. 6288 § 1, 10-19-1987]
Consist of a building or group of buildings and surfaced area where automobile vehicles may be refueled and serviced including self-service pumps without buildings. Such service shall not include tire recapping, body repairs, or major overhauls.
Any lot boundary line not a front or rear line thereof. A side line may be a part lot line, a line bordering on an alley or place or a side street line.
The area between the main building and the adjacent side line of the lot, and extending through from the front yard to the rear yard.
Any device which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation or announcement which directs attention to an object, product, place, activity, person, institution, organization or business, but shall not include any display of official notice or official flag.
An area at a street intersection in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between the height of two and one-half (2 1/2) feet and eight (8) feet above the grades of the bottom of the curb of the intersecting streets, measured from the point of intersection of the center line of the streets, sixty-five (65) feet in each direction along the center line of the streets. At the intersection of major or arterial streets, the sixty-five-foot distance shall be increased to ninety-five (95) feet.
Shall be a written permit issued by the Zoning Administrator with the written authorization of the Planning and Zoning Commission. This special use permit provides permission under special conditions to make certain special uses of land in certain zoning districts as stipulated in each of the district zoning regulations.
A stable with capacity for not more than two (2) horses; provided, however, that the capacity of a private stable may be increased if the premises whereon such stable is located contains an area of not less than twenty-five thousand (25,000) square feet for each horse accommodated.
A stable other than a private stable as defined herein.
That part of a building included between the surface of one (1) floor and the surface of the floor next above, or if there be no floor above that part of the building which is above the surface of the highest floor thereof. A top-story attic is a half story when the main line of the eaves is not above the middle of the interior height of such story. The first story is the highest story having its interior floor surface not more than four (4) feet above the curb level, established or mean street grade, or average ground level.
A public thoroughfare which affords principal means of access to property abutting thereon.
The dividing line between the street right of way and the abutting property.
EXPRESSWAYA street which provides fast and efficient movement of large volumes of traffic between areas and does not provide a land service function.
ARTERIALA street which provides for through traffic movement between and around areas with direct access to abutting property, subject to necessary control of entrances, exits and curb uses.
COLLECTORA street which provides traffic movement between arterials and local streets, with direct access to abutting property.
LOCALA street which provides access to abutting land and local traffic movement whether in business, industrial or residential areas.
Any change in the supporting member of a building, such as bearing walls, columns, beams or girders.
An establishment in which the primary function is the public sale and serving of alcoholic and cereal malt beverages for consumption on the premises, including establishments, commonly known as key clubs, which are open, and in which alcoholic and cereal malt beverages are served only to members and their guests.
A tract or parcel of land upon which two (2) or more tourist cabins are located, or where temporary accommodations are provided for two (2) or more automobile trailers, tents, or house cars open to the public either free or for a fee.
A dwelling in which overnight accommodations are provided or offered for six (6) or less transient guests.
[Ord. No. 6187 § 1, 8-4-1986]
A vehicular, portable structure built on a chassis and designed for temporary occupancy for travel, recreational or vacation use; and provided its overall length does not exceed twenty-nine (29) feet;
A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation use.
Two single-family dwellings separated by an approved two-hour fire resistance rated common wall, centered on a property line, which does not contain openings, plumbing or mechanical equipment, ducts or vents in the cavity of the common wall.
[Ord. No. 7512 § 1, 2-2-2004]
Section 405.030 Authority And Duties Of Building Official.
[Ord. No. 5757 § 31-3, 11-16-1981; Ord. No. 5804 § 1, 7-6-1982]
A.
Generally. It should be the duty of the Building Official, or any deputy or inspector working under his direction, to enforce the provisions of this Chapter and to refuse to issue any permit for any building or structure or the use of any premises which would violate any of the provisions hereof, and 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 this Chapter.
B.
Institution Of Action For Violations. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this Chapter, the City, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, 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 Building Official.
Section 405.040 Authority Of City Council To Amend Upon Recommendations Of Rezoning Commission.
[Ord. No. 5757 § 31-4, 11-16-1981]
The Council may, from time to time, on its own motion or on petition, after public notice and hearings thereon as provided herein, amend, supplement, change, modify or repeal the regulations and restrictions as established herein and may change, restrict or extend the boundaries of the various districts established herein. Before taking any action upon any proposed amendment, modification, change, restriction or extension, the same shall be referred by the City Clerk of the City of Marshall, Missouri, to the Planning and Zoning Commission of the City of Marshall, Missouri, for report and recommendation.
Section 405.050 Notice, Public Hearing Prior To Action On Amendments.
[Ord. No. 5757 § 31-5, 11-16-1981]
No action on an amendment, change, modification or repeal shall be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and place of such hearing shall be published in an official paper, or a paper of general circulation in the City.
Section 405.060 Change In Regulations, Restrictions And Boundaries - Procedure.
[Ord. No. 5757 § 31-6, 11-16-1981]
Regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified or repealed. In case, however, of a protest against such change duly signed and acknowledged by the owners of thirty percent (30%) or more, either of the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred and eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds (2/3) of all the members of the City Council. The provisions of Section 89.050, RSMo., relative to public hearing and official notice shall apply equally to all changes or amendments.
Section 405.070 Penalty For Violation Of Provisions. [1]
[Ord. No. 5757 § 31-7, 11-16-1981]
A.
The owner or general agent of a building or premises where a violation of any provisions of this Chapter has been committed or shall exist, or the lessee or tenant of an 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 that exists, shall be guilty of an ordinance violation punishable by a fine of not less than ten dollars ($10.00) and not more than two hundred fifty dollars ($250.00) for each and every day that such violation continues, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court. Notwithstanding the provisions of Section 82.300, RSMo., for the second and subsequent offenses involving the same violation at the same building or premises, the punishment shall be a fine of not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) for each and every day that such violation shall continue, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment in the discretion of the court.
B.
Any such person who, having been served with an order to remove any such violation, shall fail to comply with said order within ten (10) days after such service or shall continue to violate any provision of this Chapter in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).
[1]
Editor's Note: Sections 479.350 and 479.353, RSMo., may affect the application of these penalties.