Rogersville City Zoning Code
ARTICLE I
General
Section 405.010 Short Title.
[Ord. No. 191 §100, 12-2-1986]
These regulations constitute and may be referred to as "The Rogersville Zoning Regulations".
Section 405.020 Purpose.
[Ord. No. 191 §101, 12-2-1986]
A.
In order to promote the health, safety, morals, and the general welfare of the City of Rogersville, Missouri, this Chapter divides the City into districts to regulate and restrict the height, number of stories, size of building and other structures, the percentage of lot that may be occupied, the size of yards, courts and other open spaces, the density of population, the preservation of features of historical significance, the location and use of buildings, structures and land for trade, industry and residence or other purposes, and the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land.
1.
These regulations are made in accordance with a Comprehensive Plan and with Sections 89.010 to 89.140 of the Revised Statutes to the State of Missouri and amendments thereto and are designed to:
a.
Lessen congestion in the streets,
b.
Secure safety from fire, panic and other dangers,
c.
Promote health and the general welfare,
d.
Provide adequate light and air,
e.
Prevent the overcrowding of land,
f.
Avoid undue concentration of population,
g.
To preserve features of historical significance, and
h.
Facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements.
2.
These regulations are made with reasonable consideration of the character of the district and its peculiar suitability for particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the City of Rogersville.
Section 405.030 Classes of Districts.
[Ord. No. 191 §102, 12-2-1986; Ord. No. 747 §1, 5-7-2012; Ord. No. 1017, 6-21-2021]
A.
For the purpose of these regulations, the City of Rogersville, Missouri, is divided into the following districts in accordance with a "Zoning Map" included herein and made a part by reference.
Section 405.040 Zoning Map.
[Ord. No. 191 §103, 12-2-1986; Ord. No. 747 §1, 5-7-2012]
Said districts are bounded and defined as shown on a map entitled "Zoning Map — Rogersville, Missouri" and adopted as a part of these regulation. The "Zoning Map" shall be kept and maintained by the City Clerk, or other official designated by the legislative body, and shall be available for inspection and examination by members of the public at all reasonable times as that of any other public record.
Section 405.050 Rules for Interpretation of District Boundaries.
[Ord. No. 191 §104, 12-2-1986; Ord. No. 747 §2, 5-7-2012]
A.
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts on the Zoning Map, the following rules shall apply:
1.
Where district boundary lines are indicated as approximately following streets and alleys, highways or railroads, such boundaries shall be construed as following the centerlines thereof.
2.
Where district boundary lines are indicated as approximately following lot lines or section lines, such lines shall be construed to be said boundaries.
3.
(Reserved)
4.
Where a district boundary line divides a lot, or unsubdivided property, and the dimensions are not shown on the Zoning Map, the location of such boundary shall be as indicated upon the Zoning Map using the scale appearing on such map.
Section 405.060 Interpretation.
[Ord. No. 191 §105, 12-2-1986]
In their interpretation and application, the provisions of these regulations shall be held to be minimum requirements. Except as specifically herein provided, it is not intended to repeal, abrogate, annul or in any way impair or interfere with any existing law or ordinance of the City of Rogersville or any easement, restrictive covenant or other agreement between parties; provided however, that where these regulations impose a greater restriction upon the use of buildings or premises, or upon the height or bulk of buildings, or requires larger building site areas, yards or open spaces than are imposed or required by any such other law, ordinance, easement, covenant or agreement, then the provisions of these regulations shall control. Wherever the provisions of any other Statute or local ordinance or regulation require a greater width or size of yard, courts or other open spaces, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by the regulations made under authority of said Sections, the provisions of such Statute, local ordinance or regulation shall govern.
Section 405.070 Conformity Required.
[Ord. No. 191 §106, 12-2-1986; Ord. No. 403 §1, 6-5-2003]
A.
Except as otherwise provided herein, it shall be unlawful to use any land or building for any purpose other than is permitted in the district in which such land or building is located. No building shall hereafter be erected, reconstructed, relocated or structurally altered to cover a greater percentage of lot area, to accommodate or have a greater number of facilities, to have narrower or smaller yards, courts or open spaces than permissible under the limitations set forth herein for the district in which such building is located.
B.
No part of a yard, or other open space required for any building, existing or hereafter provided for a building or use and necessary to meet or partially meet the requirements of this regulation, shall be included as part of a yard or other open space required for another building.
C.
No lot, held under one (1) ownership at the effective date of this regulation, shall be reduced in dimension or area in relation to any building thereon so as to be smaller than that required by this regulation; if already less, the dimensions or area shall not be further reduced.
D.
No building shall hereafter be erected, reconstructed, relocated or structurally altered on any lot or parcel unless such lot or parcel faces a publicly dedicated street or right-of-way. Where a building is in existence, no such required dedicated street or right-of-way shall be vacated so as to eliminate the required access to a publicly dedicated street or right-of-way.
E.
All unincorporated areas of land which shall hereafter be annexed to and become a part of the corporation area of the City of Rogersville, Missouri, shall automatically without any further action be zoned and classified as lying and being in a "R-1" District as herein defined and subject to all rules and regulations herein provided for "R-1" Districts. The Board of Aldermen may at its sole discretion allow newly incorporated land to be zoned and classified as lying in a zoning district other than "R-1" if the verified petition for annexation requested a specific classification other than "R-1". If the Board of Aldermen allow the newly incorporated land to be zoned other than "R-1", the land shall be subject to all rules and regulations for the applicable district. Upon an annexation becoming effective, the City Clerk, or other official designated by the legislative body, shall immediately cause the "Zoning Map" of the City of Rogersville, Missouri, to be amended so as to reflect such classification and zoning as herein provided. This same information shall be supplied to both "911" and all other emergency officials in a timely fashion.
Section 405.080 Definitions.
[Ord. No. 191 §107, 12-2-1986; Ord. No. 320 §1, 5-21-1998; Ord. No. 729 §2, 8-1-2011; Ord. No. 747 §3, 5-7-2012; Ord. No. 782 §1, 4-15-2013; Ord. No. 1121, 8-5-2024]
As used in this Chapter, the following terms shall have these prescribed meanings:
A detached subordinate building located on the same lot with the main building or to the main use of the premises.
Any use which is incidental to and subordinate to the main use of the premises.
Any structure, object or device, erected, maintained or used for advertising purposes related to the permitted principal use of the premises upon which it is located. This definition includes the terms "sign", "roof signboard", "signboard" and "advertising display", but does not include the term "billboard".
The growing of crops in the open and the raising of such stock and poultry as are incidental to the acreage farmed. The feeding or disposal of community or collected garbage shall not be deemed an agricultural use, nor shall riding academies, livery or boarding stables or dog kennels be so considered.
A public thoroughfare which affords only a secondary means of access to abutting property.
Any change or modification in construction or occupancy.
A room or suite of rooms in a multiple dwelling or where more than one (1) living unit is established in any building intended, designed, used or suitable for use by one (1) or more persons as a place of residence with culinary accommodations.
A building or portion thereof intended, designed, used or suitable for use as a residence for three (3) or more families living in separate apartments.
A story partly or wholly underground but having more than one-half (½) of its height below the average level of the adjoining ground.
Any structure, object or device erected, maintained or used for advertising purposes not related to a principal use of the premises upon which it is located.
A building or place, other than a hotel, where by prearrangement and for compensation lodging and meals for a definite period are provided for three (3) or more persons; and such accommodations are not furnished to transient or overnight customers.
A structure having a roof supported by columns or walls intended, designed, used or suitable for use for the support, enclosure, shelter or protection of persons, animals or property; and when separated by fire walls, each portion of such structure so separated shall be deemed a separate building.
The vertical distance from the "grade" to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height between eaves and ridge of gable, hip, curved and gambrel roofs.
A building in which is conducted the principal use of the lot or parcel upon which it is situated. Every dwelling in the residence district is a main building.
The land area, consisting of one (1) or more lots or parcels of land under common ownership or control, considered as the unit of land occupied or to be occupied by a main building or buildings and accessory buildings, or by a principal use or uses accessory thereto, together with such parking and loading spaces, yards and open spaces as are required by these regulations.
A motor vehicle designed or regularly used for carrying freight and merchandise or more than eight (8) passengers but not including van pools or shuttle buses.
A family home in which care is given to not more than six (6) children, not related to the day care operator.
A section or sections of the City of Rogersville specifically declared within which the regulations governing the use of buildings and premises are uniform.
A type of retail sales which encourages, recognizes or permits patrons or customers to call for service by the flashing of lights or by the parking of motor vehicles at a particular place intended to result in a cash sale and delivery outside of the place of business to such patrons or customers of food or beverages ready and intended for immediate human consumption without cooking or further preparation.
A lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or any other means, and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles, or parts thereof, or waste materials of any kind.
Any building or portion thereof which is designed or used primarily for residential purposes.
Two (2) or more detached or attached single-family, two-family or multiple- family dwellings occupying a single building site and having yards or open space in common but not including a motel or hotel or motor hotel.
A building or portion thereof designed with accommodations for or occupied by two (2) families living independently of each other ("R-2") or three (3) or more families living independently of each other ("R-3" and "R-3.1") who may or may not have joint services or facilities, or both. The term includes dormitories and lodging and rooming houses, but does not include hotels, motels and tourist courts.
[Ord. No. 1017, 6-21-2021]
A detached building or portion thereof designed for or occupied exclusively by one (1) family.
An individual, or two (2) or more persons related by blood or marriage, or a group of not more than four (4) persons (excluding servants) not related by blood or marriage living together as a single housekeeping unit in a dwelling unit.
Any building or premises used solely or principally for the storage, dispensing, sale, or offering for sale, at retail of any automotive fuels, or lubricants and accessories. If such dispensing, sale or offering for sale is incident to the conduct of a public garage, the premises will be classified as a public garage.
Any accessory building designed or used only for the housing and storage of automobiles which are the property of, or provided for, the exclusive use of the occupants of the lot or premises upon which such building is located and having no provisions for the repairing or equipping of such vehicles.
Any building, portion of a building or premises designed, operated or used for commercial purposes in the storage, sale, hiring, care or repair of motor vehicles.
The Board of Aldermen of the City of Rogersville, Missouri. (The terms are synonymous.)
Any home in which eight (8) or fewer unrelated persons requiring care, assistance or supervision reside and this may include two (2) additional persons acting as house parents, guardians or caregivers who need not be related to each other or to any of the residents. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. No group home shall be within two thousand five hundred (2,500) feet of another group home.
Two (2) or more detached or attached dwellings occupying a single premises and having any yard or other open space in common, but not including a motel.
Any use customarily conducted entirely upon the premises and carried on by a member of a family, related by marriage or blood, residing in the dwelling, which use is clearly incidental and secondary to the use of the premises for dwelling purposes and which use neither changes the character thereof nor adversely affects the uses permitted in the district of which it is a part, no signs are displayed, except as permitted in this Chapter, no commodity is sold upon the premises, except that which is prepared on the premises, no outdoor display or storage of materials or supplies, no persons are employed, and no mechanical equipment is used that makes any loud, unnecessary, or unusual noise, or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others.
Any building or portion thereof having a common entrance, lobby, halls, stairs and elevators which is designed or used to offer for hire, by the general public, rooms for temporary lodging of transient guests and in which no provisions are made for cooking in the individual rooms or apartments.
See "MANUFACTURED HOME".
A lot, land or structure or part thereof used primarily for the collecting, storage and sale of waste paper, rags, scrap metal or discarded material, or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.
Any place where four (4) or more dogs over six (6) months of age are boarded, bred and offered for sale.
A parcel of land shown as a unit on a recorded subdivision plat.
The total horizontal area within the lot lines of a lot.
A lot abutting upon two (2) or more streets at their intersection and shall be deemed to front on that street on which the lot has its least dimension.
A mean horizontal distance between the front and rear lot lines measured in the general direction of the side lines of the lot.
An internal lot having a frontage on two (2) streets.
An lot which does not constitute a corner or external lot.
A boundary line of a lot which coincides with a street boundary line. The word "street", as used in this definition, shall not include alley.
A boundary line of a lot which does not coincide with a street boundary line but may coincide with an alley line.
A boundary line of a lot which does not coincide with a street boundary line. The word "street", as used in this definition, does not include alley.
A corner lot, the rear lot line of which either abuts upon or is directly across an alley from the side lot line of another lot or parcel.
The mean horizontal distance between the side lot lines measured at right angles to the lot depth. Where side lot lines are not parallel, the minimum width of a lot shall be measured at the front yard setback line, but in no case shall the front lot line be less than thirty-five (35) feet in width.
A factory-built structure or structures which contain six hundred (600) or more square feet and is equipped with the necessary service connections to be readily movable as a unit or units on their own running gear and designed to be used as a dwelling unit without a permanent foundation.
Any area, tract or site or plot of land whereupon a minimum of twenty-five (25) manufactured homes as herein defined are placed, located or maintained or intended to be placed on a permanent or semi-permanent basis.
A manufactured home which does not have a flush toilet and a bath or shower.
A manufactured home which has a flush toilet and a bath or shower.
Any area, tract, site or plot of land whereupon a minimum of four (4) manufactured homes as herein defined are placed, located or maintained or intended to be placed, located or maintained for dwelling purposes.
Any plot of ground within a manufactured home community or manufactured home park designed for the accommodation of one (1) manufactured home as herein defined.
Mixed use links places used for working, shopping, educating, and recreating with residential uses, thereby creating a connected community form. This allows commercial, office, civic, attached-single-family, and multi-family uses. The siting and architectural design and scale of structures in this use should be compatible with surrounding development. The commercial aspect of this use should be no less than twenty percent (20%) of the structure.
A factory-built structure or structures which contains six hundred (600) or more square feet designed to be used by itself or to be incorporated with similar units for residential, commercial or industrial purposes and has a permanent foundation. This definition shall not apply to structures under six hundred (600) square feet used temporarily and exclusively for construction site office purposes.
A group of buildings including either separate cabins or a row of connected cabins or rooms which contain individual sleeping accommodations for transient occupancy and have individual entrances.
A building or portion of a building arranged, intended or designed to be used for making repairs to motor vehicles.
The use of any building or premises which is lawfully used at the time for the effective date of this Chapter but which do not conform with the regulations and requirements of this Chapter. This definition shall have the same application to any amendments hereto.
A licensed dwelling where persons are housed or lodged and furnished with professional nursing and convalescent care for a fee.
That area of private property upon which this Chapter prohibits the location of any building or structure except as provided in Article VII, et seq.
All contiguous lands (including lots and parts of lots) held in one (1) ownership.
An area other than a private parking area, street or alley used for parking of automobiles and available for public or semi-public use.
Any building or parcel of land regularly used, in whole or in part, for the storing or parking of more than five (5) motor vehicles and which is open to the general public including, but not limited to, "drive-in" facilities, commercial "free" courtesy lots and lots for which a fee is charged. The term "parking lot" shall not include lots owned by a person, firm, or corporation operated for the exclusive use of such person, firm, or corporation, or employee thereof.
A surfaced area of not less than two hundred (200) square feet on private or public property, either within or outside a building, suitable in size and location to store one (1) standard automobile.
Any natural individual, firm, trust, partnership, association or corporation.
A map, plan or layout of a city, township, section or subdivision indicating the location and boundaries of individual properties.
A parcel together with all buildings and structures thereon. See "BUILDING SITE".
A building or portion thereof other than a hotel where lodging of four (4) or more persons is provided for compensation.
A vehicle that has been damaged to such an extent that the cost of repair is greater than its fair market value as determined by Kelly Blue Book or other documentation acceptable to the Board of Aldermen.
A motor vehicle designed for pulling other vehicles or trailers, but not for the carrying of any load when operating independently.
The distance extending across the full width of a lot, the depth of which shall be measured between the front line of the building and the line of the street right-of-way.
Any words, numerals, figures, devices, designs or trademarks by which anything is made known, such as are used to designate an individual, firm, profession, business or a commodity and which are visible from any public street or air. See "ADVERTISING SIGN" and "BILLBOARD".
See "PARCEL".
That portion of a building 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 any floor and the ceiling next above it.
A story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two (2) feet above the floor of such story.
That area of land platted and dedicated for public use, or lawfully used, as a public thoroughfare for vehicular travel, excluding from this definition accessways commonly designated as alleys.
A dividing line between a lot, tract or parcel of land and a contiguous street.
Anything fabricated, assembled, constructed or erected by the skill of man, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground including, but not limited to, buildings, advertising signs, billboards, poster panels, steak ovens, trash burners, radio towers, poles and fences.
Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders; any substantial change in the roof or in the exterior walls, excepting from this definition such alterations as may be required for the safety of the building.
A building or part of a building devoted to the showing of moving pictures on a paid admission basis.
An open lot or part thereof with its appurtenant facilities devoted primarily to the showing of moving pictures or theatrical productions on a paid admission basis to patrons seated in automobiles or on outdoor seats.
See "MOTEL".
Any vehicle without motor power designed for carrying property or passengers on its own structure and for being pulled by a vehicle, except those running exclusively on rails.
See "MANUFACTURED HOME PARK".
A location where commercial vehicles such as semi-tractors and/or trailers are parked or stored when not in use, and may include administrative offices, repair facilities, fueling facilities, dispatch operations, but does not include the transshipment of cargo. Commercial vehicles include any vehicles over ten thousand (10,000) pounds gross vehicle rating and having more than two (2) axles. Truck yards are distinguished from other trucking-related uses in that there is no freight handling involved.
Every motor vehicle designed, used, or maintained primarily for the transportation of property and is so licensed.
The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any non-conforming use.
See "ACCESSORY USE".
Every device in, upon, or by which any person or property is or may be transported or drawn upon a roadway, excepting motorized bicycles and devices moved by human power or used exclusively upon rails.
A street or an alley or other thoroughfare or easement permanently established for passage of persons or vehicles.
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. In measuring a yard, the depth of the front yard or the depth of the rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
A yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the main building or any projection thereof, other than the projection of the usual steps or entranceway. Covered porches shall be considered part of the main building and shall not project into a required front yard.
A yard extending across the rear of a lot 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 other than steps, unenclosed balconies or unenclosed porches. 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, in all cases, be at the opposite end of the lot from the front yard.
A yard extending from the front lot line to the rear yard line and being the minimum horizontal distance between the side lot line and the side of the main building or any projection thereof as herein defined. On corner lots the side yards shall be perpendicular to the street upon which the lot has its least dimension.
A multiple-family dwelling designed with accommodations for or occupied by two (2) families living independently of each other and platted to allow for separate ownership of each dwelling unit and allowing a side yard setback of zero (0) feet where the dwellings are joined. The adjoining wall of the dwelling located on the lot line must be constructed of masonry and have no openings.
The terms "Zoning Commission" and "Planning Commission" are synonymous for the purposes of this Chapter.