Overland City Zoning Code
ARTICLE III
General Provisions
Section 400.070 Establishment of Districts.
[CC 1976 App. A §3.01; Ord. No. 2449 §1, 11-14-1988; Ord. No. 90-75 §1, 12-10-1990]
The City is hereby divided into the following Zoning Districts as shown on the Official Zoning Map, which together with all explanatory matter shown thereon is hereby adopted by reference and declared part of this Chapter.
District Classification | Code Designation |
|---|---|
"R-1" Single-Family Residential (20,000 square feet) | "R-1" |
"R-2" Single-Family Residential (7,500 square feet) | "R-2" |
"R-3" Single-Family Residential (6,000 square feet) | "R-3" |
"R-4" Two-Family Residential (6,000 square feet) | "R-4" |
"R-5" Apartment District | "R-5" |
"R-6" Condominium District | "R-6" |
"C-1" Neighborhood Commercial | "C-1" |
"C-2" General Commercial | "C-2" |
"M-1" Manufacturing District | "M-1" |
"PD" Planned Development | "PD" |
Drug and Alcohol Rehabilitation | "DAR" |
Section 400.075 Designation Of Rights-Of-Way.
[Ord. No. 2018-12, 8-20-2018]
Except as may be preempted by applicable law, all rights-of-way within the City are hereby zoned single-family residential (R-1) except for any rights-of-way that are not within one thousand (1,000) feet of a property zoned residential or used for a residential dwelling; provided, no use otherwise authorized in such single-family zone (R-1) shall be permitted in the rights-of-way that is not specifically authorized by the City's rights-of-way regulations.
Section 400.080 Changes to Official Zoning Map.
[CC 1976 App. A §3.02; Ord. No. 2449 §1, 11-14-1988]
If, in accordance with procedures of this Chapter and of Chapter 89, RSMo., 1986, as amended, a change is made in a zoning district boundary, such change shall be made by the Director of Public Works or his/her designee promptly after the ordinance authorizing such change shall have been adopted by the City Council and published, with an entry on the Official Zoning Map.
Section 400.090 Authority of Official Zoning Map.
[CC 1976 App. A §3.03; Ord. No. 2449 §1, 11-14-1988]
The Official Zoning Map shall be located in City Hall and shall be available to public inspection, and shall be with the revised ordinance the final authority as to the current zoning status of any land, parcel, lot, district, use, building, or structure in the City.
Section 400.100 Replacement of the Official Zoning Map.
[CC 1976 App. A §3.04; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2002-25 §1, 4-23-2002]
In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes made thereto, the City Council may by ordinance adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions on the prior Official Zoning Map, but no such correction shall have the effect of amending the Zoning Code or the prior Official Zoning Map. The new Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk, and bear the following words: "This is to certify that this is the Official Zoning Map referred to in the Zoning Code; Ordinance No. 2002-25, adopted on April 23, 2002; this map replaces and supersedes the previous Official Zoning Map." Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved together with all available records pertaining to its adoption or amendment.
Section 400.110 Interpretation of District Regulations.
[CC 1976 App. A §3.05; Ord. No. 2449 §1, 11-14-1988]
A.
The Board of Adjustment shall interpret the provisions of this Chapter as they pertain to the location of district boundaries where uncertainty exists as to the location of the district boundaries in relation to the Official Zoning Map. The following rules for interpretation shall apply:
1.
A boundary indicated as approximately following the centerline of a highway, street, alley, or easement shall be construed as following such centerline.
2.
A boundary indicated as approximately following a recorded lot line or the line bounding a parcel shall be construed as following such line.
3.
A boundary indicated as approximately following the corporate boundary line of a City, Village, or Township shall be construed as following such line.
4.
A boundary indicated as following a railroad line shall be construed as being midway between the main tracks.
5.
A boundary indicated as following a shoreline shall be construed as following such shoreline, and in the event of change in a shoreline shall be construed as following the actual shoreline.
6.
A boundary indicated as following the centerline of a stream, river, canal, lake, or other body of water shall be construed as following such centerline.
7.
A distance not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.
9.
Where a district boundary line divides a lot which is in single ownership on November 14, 1988, the Board of Adjustment may permit the extension of the regulations for either portion of the lot to the nearest lot line, but not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot.
Section 400.120 Application of Regulations.
[CC 1976 App. A §3.06; Ord. No. 2449 §1, 11-14-1988]
The regulations established by this Chapter within each Zoning District shall be minimum regulations for promoting and protecting the public health, safety, and general welfare and shall be uniform for each class of land or building, dwellings and structures throughout each district. Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this Chapter, the Board of Adjustment shall have power in passing upon appeals to vary or modify any rules, regulations or provisions of this Chapter so long as the intent and purpose of this Chapter shall be observed, public safety secured, and substantial justice done.
Section 400.130 Scope of Provisions.
[CC 1976 App. A §3.07; Ord. No. 2449 §1, 11-14-1988]
The provisions of this Chapter shall apply to all uses, structures, improvements, and alterations currently existing or approved by the City after enactment of this Chapter.
Section 400.140 Saving Clause.
[CC 1976 App. A §3.08; Ord. No. 2449 §1, 11-14-1988]
All rights or remedies of the City are expressly saved as to any and all violations of any previous Zoning Code or amendments thereto, of the City, and that have accrued at the time of the effective date of this Chapter, November 14, 1988, and such accrued violations of previous Zoning Codes which would otherwise become non-conforming uses under this Article shall be considered as violations of this Chapter in the same manner that they were violations of prior Zoning Codes of the City.
Section 400.150 Multiple Unrelated Uses.
[CC 1976 App. A §3.09; Ord. No. 2449 §1, 11-14-1988; Ord. No. 2542 §3, 12-11-1989]
Section 400.155 Land Uses in Zoning Districts - Tables of Uses, Accessory Uses and Planned Uses. [1]
[Ord. No. 2004-30 §2, 5-24-2004]
A.
Land Uses And Development. The Table of Primary Uses, Table of Accessory Uses and Table of Planned Uses, incorporated herein as Appendix A to this Title IV, establish the principal and accessory uses that are permitted by right, permitted by a conditional use permit or not permitted. Notwithstanding the designation on the Tables, any use required to be permitted as a right in a residential district by applicable Federal or State law shall be so permitted.
B.
Permitted Uses. Some permitted uses may require submission and approval of a site plan pursuant to Article IX of this Code.
C.
Conditional Uses. All conditional uses shall be governed by the site plan approval procedure described in Article IX of this Code.
D.
Planned Uses. All areas designated on the official Zoning Map as planned uses or sought to be developed as planned uses shall be subject to Section 400.250 "PD" Planned Development District.
E.
Unlisted Uses. Any use not listed is specifically prohibited. Any use not shown as a use permitted by right or a conditional use in a zoning district is specifically prohibited in that district. Uses not listed have been determined either not to be appropriate in any district, incompatible with certain existing uses or sufficiently rare or unexpected as to be incapable of being listed at the time of adoption of this Code. Uses not listed, however, may be determined to be sufficiently similar to listed uses and thus allowed either as a conditional or permitted use subject to the following procedure:
1.
The Director of Public Works, upon request of the applicant, reviews the proposed use and determines it to be sufficiently similar to a listed use;
2.
The Director files the determination with the Planning and Zoning Commission within ten (10) days of the determination;
3.
Within fifteen (15) days of filing of the determination with the Planning and Zoning Commission, the Commission may overturn the determination of the Director or take no action. If no action is taken within that time, the Director's determination of the use as either a permitted use or conditional use is affirmed as being sufficiently similar to a listed use so as to be included under that use.
F.
Any use not shown as a use permitted by right or a conditional use in any zoning district but constituting a use that is required to be permitted by law shall be authorized only in the industrial district subject to the following conditions:
1.
The use shall be permitted only to the extent required by law to be permitted;
3.
The use shall be located no closer than one thousand (1,000) feet from any residence, residential property, park, school or church, except as may be modified by the Board of Adjustment through a variance based on evidence of an undue hardship;
4.
The use shall maintain a distance of at least one thousand (1,000) feet from any other such use; and
G.
In the event that more than one (1) land use category as described in Appendix A to this Title is applicable to an occupant's activities, the occupant shall be required to obtain a conditional use permit if any applicable land use categories require a conditional use permit.
[1]
Editor's Note — Ord. No. 2004-30 §2, adopted May 24, 2004, repealed section 400.155 and enacted new provisions set out herein. Former section 400.155 derived from ord. no. 99-99 §1, 12-14-99.