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Peculiar City Zoning Code

ARTICLE I

Purpose and Authority

Section 400.010 Short Title.

[Ord. No. 111808 §1(400-100), 11-18-2008]
This Chapter shall be known and may be cited as the Zoning Code of Peculiar, Missouri, and referred to herein as "code".

Section 400.020 Purpose.

[Ord. No. 111808 §1(400-101), 11-18-2008]
These regulations are made in accordance with the Peculiar Comprehensive Plan and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to preserve features of historical significance; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. These regulations have been made with reasonable consideration, among other things, of the character of each district and its suitability for particular uses and with a view to conserving the values of property and encouraging the most appropriate use of land throughout the City of Peculiar.

Section 400.030 Authority.

[Ord. No. 111808 §1(400-102), 11-18-2008]
In enacting this code for the zoning and development of land, the City is exercising its authority and all other powers derived from the Constitution and the laws of the State of Missouri, including those powers explicitly granted by and necessarily implied from Section 89.020, RSMo.

Section 400.040 Relationship To Peculiar Municipal Code.

[Ord. No. 111808 §1(400-103), 11-18-2008]
The use of buildings and land within the City of Peculiar shall be subject to all applicable provisions of the Peculiar Municipal Code and other ordinances, as well as this code, whether or not those other provisions of the Peculiar Municipal Code are specifically cross-referenced in this code. Cross-reference to other provisions of the Peculiar Municipal Code found in this code are provided for the convenience of the reader; lack of a cross-reference should not be construed as an indication that other provisions of the Peculiar Municipal Code do not apply.

Section 400.050 Relationship To Comprehensive Plan.

[Ord. No. 111808 §1(400-104), 11-18-2008]
It is the intention of this code to implement the goals, principles and objectives reflected in the Peculiar Comprehensive Plan as adopted by the City. While the City reaffirms its commitment that the provisions of this code and any amendment made to this code shall conform to adopted planning policies, the City acknowledges its intent that neither this code nor any amendment of this code may be challenged merely on the basis of an alleged non-conformity with the Comprehensive Plan.

Section 400.060 Applicability in General.

[Ord. No. 111808 §1(400-105), 11-18-2008]
A. 
Except as hereinafter provided:
1. 
No building or structure shall be erected, constructed, reconstructed, moved or 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, constructed, reconstructed, moved or altered to exceed the height or area limit herein established for the district in which such building or structure is situated;
3. 
No lot area shall be reduced or diminished so that the yards or other open spaces shall be smaller than prescribed by this code, nor shall the density of population be increased in any manner, except in conformity with the area regulations established herein.

Section 400.070 Applicability To Municipal Properties.

[Ord. No. 111808 §1(400-106), 11-18-2008]
Thoroughfares, alleys, cemeteries, land, buildings or premises owned, rented or leased by the City of Peculiar are exempt from provisions of this code while occupied or employed for public purposes, rights, obligations or pursuits, but such City land or property may be leased by rental or otherwise to private individuals or corporations who must comply with applicable zoning regulations.

Section 400.080 Applicability of Prior Regulations.

[Ord. No. 111808 §1(400-107), 11-18-2008]
A. 
All violations of prior zoning or other regulations of the City, existing on the effective date of this code, shall continue to be violations and shall not be considered to be legal non-conforming situations under this code. The City shall have the same authority to secure civil remedies for violations of those regulations to the same extent that it may secure civil remedies for violations of this code.
B. 
All permits, applications, certificates and other authorizations submitted or approved prior to the effective date of this code shall be governed by the regulations in effect at the time of the submission or approval.

Section 400.090 Interpretation of Code - Conflicting Provisions.

[Ord. No. 111808 §1(400-108), 11-18-2008]
A. 
In interpreting and applying the provisions of this code, such provisions shall be held to the minimum requirements for the promotion of the health, safety, morals and general welfare of the residents of Peculiar, Missouri.
B. 
Whenever this code requires greater width or size of yards or other open spaces or requires a lower height of buildings or a less number of stories or requires a greater percentage of lot to be unoccupied or requires a lower density of population or requires a more restricted use of land or imposes other higher standards than are required in any other Statute or local order or regulation, the regulations made under authority of this code shall govern.
C. 
Whenever another Statute, local order or regulation requires greater width or size of yards or other open spaces or requires a lower height of buildings or a less number of stories or requires a greater percentage of lot to be unoccupied or requires a lower density of population or requires a more restricted use of land or imposes other higher standards than are required in this code, the regulations of such Statute, local order or regulations shall govern.
D. 
This code shall not invalidate any easement, covenant or other private agreement. Where this code and any easement, covenants or other private agreements are in conflict, the more restrictive standards or requirements shall govern.

Section 400.100 Fees.

[Ord. No. 111808 §1(400-109), 11-18-2008]
All required fees shall be set by separate resolution approved by the Board of Aldermen and shall be paid in accordance with the schedule of fees on file and available in the City Planning Department.