Monett City Zoning Code
ARTICLE VI
Exceptions and Modifications To District Regulations
Section 400.120 Special Classes of Uses Permitted By Special Permit.
[R.O. 2012 §400.120; CC 1979 §32-13; Ord. No. A-1867 §8, 2-22-1984; Ord. No. 8650, 2-20-2019]
A.
The following uses may be located in the following districts, as indicated, by special permission of the Zoning and Planning Commission, after personal notice to all landowners within eight hundred (800) feet of the proposed use, followed by a public hearing; provided that, in their judgment, such use will not seriously injure the appropriate use of neighboring property and will conform to the general intent and purpose of this Chapter; provided further, that such uses shall comply with the height and area regulations of the districts in which they may be located:
1.
Amusement parks (Districts "C" or "D").
2.
Cemeteries (Districts "C" or "D").
3.
Circuses and carnivals (Districts "C" or "D").
4.
Crematories for the disposal of the human dead (District "D").
5.
Hospitals for the insane or feebleminded, or penal or correctional institutions (District "D").
6.
Light and power plants (District "D").
7.
Refuse dumps (District "D").
8.
Sewage or garbage disposal plants (District "D").
9.
Stone cutting (District "C").
10.
Stone quarries (District "D").
11.
Slaughter of animals (District "D").
12.
Stockyards and feeding pens (District "D").
13.
Storage in bulk of combustible and hazardous materials; provided, that there shall be no storage of gasoline and liquid fuel petroleum and like materials within one hundred fifty (150) feet of any lot line, unless such storage is surrounded by a dike of sufficient size and design to contain such hazardous material (D).
Section 400.130 Toilet and Sewage Disposal Requirements.
[R.O. 2012 §400.130; CC 1979 §32-14; Ord. No. A-1867 §9, 2-22-1984]
The erection, construction or use of any building after August 8, 1961, as an outdoor toilet is forbidden, and every principal building erected, constructed, moved or altered in any District after such date shall contain an inside bathroom, including a toilet, which shall be connected to either the public sewer system of the City or a private or community septic tank constructed according to the standards of the Department of Natural Resources and the International Private Sewage Disposal Code. If a private septic tank shall be used, it shall, in no case, be of less capacity than five hundred (500) gallons and shall have attached not less than one hundred fifty (150) feet of lateral drainage. In District "A", no residence which will use a private septic tank shall be constructed on a lot smaller than fifteen thousand (15,000) square feet.
Section 400.140 Existing Manufacturing Plants.
[R.O. 2012 §400.140; CC 1979 §32-15; Ord. No. A-1867 §15, 2-22-1984]
Manufacturing plants in operation in the City on August 8, 1961, regardless of the classification into which the district in which they are located may be placed, shall not be prevented from expanding their plants or buildings onto adjacent property for the purpose of continuing the character of manufacturing in which they are engaged on such date, nor shall they be prevented from making alterations or structural changes necessitated by their business; provided, that the additions, alterations or structural changes meet the requirements as to materials established for District "C". Such manufacturing plants shall not, however, be permitted to change their operation in such a manner as to render them materially more noxious or offensive by reason of vibration, noise or emission of odor, dust, smoke or gas, without becoming liable to the provisions outlined for special classes in Section 400.120.
Section 400.150 Plats of New Additions.
[R.O. 2012 §400.150; CC 1979 §32-16; Ord. No. A-1867 §11, 2-22-1984]
When plats of new additions are submitted to the City Council for their approval prior to being accepted by the City, such plats shall first be submitted to the Zoning and Planning Commission for approval and a statement that they meet the requirements of this Chapter. Such plats shall provide lots of such size as to meet the requirements of the particular Zoning District in which they are located and shall provide for streets and alleys as required for the particular Zoning District in which they are located, or if alleys are not provided, satisfactory utility easements for electric lines, telephone lines, water mains, gas mains and sewer mains shall be required. Such streets and alleys shall, if practicable, be extensions and continuations of streets and alleys in adjoining prior platted additions, but not more narrow than the streets of which they are continuations. No exceptions shall be permitted, without approval by six (6) of the eight (8) members of the Zoning and Planning Commission.
Section 400.160 Non-Conforming Uses - Generally.
[R.O. 2012 §400.160; CC 1979 §32-17; Ord. No. A-1867 §12, 2-22-1984]
A.
The lawful use of land existing on August 8, 1961, although such use does not conform to the provisions of this Chapter, may be continued, but if such non-conforming use is discontinued, any future use of such premises shall be in conformity with the provisions of this Chapter.
B.
The lawful use of a building existing on August 8, 1961, may be continued, although such use does not conform with the provisions of this Chapter, and such use may be extended throughout the building; provided, that no structural alterations, except those required by law or ordinance, are made therein; provided further, that no extension shall be made, except by special permit from the Board of Zoning Adjustment in case of evident hardship. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification.
C.
A non-conforming use, if changed to a conforming use or more restricted non-conforming use, may not thereafter be changed back to a less restricted use than that to which it was changed.
Section 400.170 Non-Conforming Uses - Certificate of Occupancy.
[R.O. 2012 §400.170; CC 1979 §32-18; Ord. No. A-1867 §13, 2-22-1984]
A certificate of occupancy shall be required for all non-conforming uses. Application for such certificate of occupancy shall be filed within twelve (12) months from August 8, 1961, accompanied by affidavits of proof that such non-conforming use was not established in violation of this Chapter. Subsequent to one (1) year from August 8, 1961, no use shall be made of any premises for any authorized non-conforming use in the absence of such certificate. Such certificate shall be issued by the Board of Adjustment.
Section 400.180 Completion, Restoration or Extension of Existing Buildings.
[R.O. 2012 §400.180; CC 1979 §32-19; Ord. No. A-1867 §14, 2-22-1984]
A.
Nothing contained in this Chapter shall require any change in the plans, construction or designated use of a building, the construction of which shall have been commenced prior to August 8, 1961, and the completion of which shall be effected within one (1) year of such date.
B.
Nothing in this Chapter shall prevent the restoration of a non-conforming building partly destroyed by fire, explosion, act of God or act of the public enemy subsequent to August 8, 1961, or prevent continuance of the use of such building, or part thereof, as such use extended at the time of such destruction of such building or part thereof, or prevent a change of such existing use, under the limitations provided in this Chapter; provided that such building is not destroyed to the extent of more than seventy-five percent (75%) of the reasonable valuation thereof. This Chapter shall prevent the restoration of such non-conforming building so damaged to the extent of more than seventy-five percent (75%) of the reasonable valuation thereof, the continuance of the use of such building or part thereof as such use existed at the time of such damage and a change of such existing use under the limitations provided by this Chapter.
C.
The provisions of this Chapter shall not apply to prevent the extension of any building existing in any district on August 8, 1961, to the heights which the walls, foundation and framework of such existing building originally were intended, designed and constructed to carry; provided, that the actual construction of the extension in height permitted by this Subsection shall have been duly commenced within ten (10) years from August 8, 1961.
Section 400.190 Off-Street Parking and Loading.
[R.O. 2012 §400.190; CC 1979 §32-20; Ord. No. A-1867 §1, 2-22-1984; Ord. No. A-7028, 3-30-2001; Ord. No. 8162 §§1 — 2, 11-20-2012]
A.
In all districts except District "A", First Residential (Single-Family) District, in connection with every use, sufficient off-street parking spaces shall be provided to accomplish the principles set forth in this Section and to meet the parking demands generated by residents, employees, company officials, company vehicles, and customers. Required parking spaces shall be located on the lot on which the principal use is located except as provided in this Section.
B.
Each application for a building permit, zoning permit or variance shall include therewith a plot plan, drawn to scale, showing the off-street parking, loading facilities, and vehicular use areas to be provided to comply with the requirements of this section. Said plan shall include appropriate entrances and exits, information as to the location and dimensions of off-street parking spaces and the means of access to the spaces. Neither the Zoning Inspector nor the City Council shall approve any application until it is determined that such plans meet the requirements of this section.
[Ord. No. 8361 §4, 6-20-2015]
C.
Each parking space shall contain an area of not less than one hundred eighty (180) square feet nor be less than nine (9) feet wide by twenty (20) feet long, measured perpendicularly to the side of the parking space, exclusive of access and circulation aisles. Areas normally used for drive-in customer service such as drive-in windows and gas pump service areas shall not be counted as required parking spaces.
D.
Every off-street parking and vehicular use area shall be paved with an all-weather material composed of an asphalt or concrete surface except within Districts "D" and "LD", crushed stone or gravel may be permitted for an industrial use unless the property is located adjacent to one of the following residential districts: "A", "B", "MD" or "MH".
[Ord. No. 8361 §4, 6-20-2015]
E.
Every multiple dwelling erected, constructed, reconstructed or altered in District "B" after March 1, 1984, shall provide at least one (1) off-street parking space for each dwelling unit. Such off-street parking facilities shall be on the same lot or parcel of land as the building they are intended to serve.
F.
Any business or industrial building, hospital, institution or hotel erected, constructed, reconstructed or altered in any district after March 1, 1984, shall provide adequate off-street facilities for the loading and unloading of merchandise and goods within or adjacent to the building, in such a manner as not to obstruct freedom of traffic movement on the public streets or alleys.
G.
Any industrial or manufacturing building erected, constructed or reconstructed after March 1, 1984, shall provide accessible off-street parking for motor vehicles, at the rate of one (1) parking space for each four hundred (400) square feet of floor space within the building. Such parking space shall be on the same lot with the main building, or within eight hundred (800) feet therefrom, on land zoned for business or industry.
H.
All hospitals and all philanthropic, eleemosynary or school buildings erected, constructed or reconstructed after March 1, 1984, shall provide off-street parking or garage space at the rate of one (1) parking space for each five hundred (500) square feet of floor space within the building. Such parking shall be either on the premises or within one thousand (1,000) feet of the building.
I.
For every structure or part thereof erected, converted or structurally altered after March 1, 1984, to be used as a theater, auditorium, stadium or other place of public assembly, there shall be provided and maintained accessible off-street parking space for the storage of motor vehicles, on the basis of one (1) vehicle for each five (5) seats of the total audience seating capacity of the building, structure or part thereof. Such parking shall be located on the same lot with such building, structure or part thereof, or within five hundred (500) feet thereof.
J.
When Required Off-Street Parking Facilities Are Provided Elsewhere Than On The Same Lot Or Parcel Of Land As The Principal Use They Are Intended To Serve.
1.
They shall be in the same possession, either by deed or long term lease as the property occupied by such principal use, and proof of such deed or lease shall be filed on request with the Zoning Inspector or the City Council. Except private off-street parking lots are not required for customers of restaurants where both:
2.
The distance between said lot or parcel and the location of the off-street parking facilities shall be measured between the nearest point of the off-street parking facilities and the nearest point of the lots where the principal use is carried on.
K.
Every warehouse or industrial storage building erected, constructed or reconstructed shall provide adequate off-street parking at the rate of three (3) parking spaces for each structure, plus one (1) parking space for each employee employed therein, or for each eight hundred (800) square feet of floor space within the building, whichever is greater. Such off-street parking facilities shall be on the same lot or parcel of land as the building they are intended to serve.
L.
Every business or office building erected, constructed or reconstructed shall provide adequate off-street parking at the rate of one (1) parking space for each two hundred (200) square feet of floor space within the building structure. Such parking space shall be on the same lot with the main building or within two hundred (200) feet thereof.
M.
Every restaurant, cafe, or tavern building erected, constructed or reconstructed shall provide adequate off-street parking space at the rate of one (1) parking space for each three (3) seats of seating capacity of the building structure or part thereof, or each one hundred (100) square feet of floor space within the building, whichever is greater. Such parking shall be located on the same lot with such building structure or within two hundred (200) feet thereof.
N.
Every hotel or motel building erected, constructed or reconstructed shall provide adequate off-street parking space at the rate of one (1) parking space for each guest room, plus any required for restaurants and assembly areas. Such off-street parking facilities shall be on the same lot or parcel of land as the building they are intended to serve.