Scott City City Zoning Code
ARTICLE IV
Special Regulations
Section 400.230 Area Regulations. [1]
[Ord. No. 28 Art. VIII §81, 8-18-1980; Ord. No. 718 §11, 3-17-2003; Ord. No. 722 §1, 4-21-2003; Ord. No. 782 §1, 6-6-2005; Ord. No. 1382, 5-19-2025]
A.
All regulations concerning the height of buildings; lot area; lot width; front yard; side yard and rear yard dimensions; off-street parking and off-street loading in all zoning districts shall be as stated in the "Zoning District Area Regulations, Table I," passed and approved, __________________, 2025, and any amendments thereto, unless otherwise stated more restrictively in other Sections of this Chapter.
B.
Notwithstanding Subsection (A), the minimum lot size requirements shall not apply to any building lot in any subdivision whose developer complied with all City requirements for subdivision development and whose subdivision plat was approved by the City and properly recorded. In addition, any owner may construct a replacement building on an existing foundation, which building shall be of equal or greater value than the pre-existing building and which building shall be completed within twelve (12) months from the date of the loss, demolition or removal of the pre-existing building.
C.
Front Yard Transition. When this district abuts a residential district along a street line, there shall be provided for any development or structure a distance of fifty (50) feet from the district boundary line into the non-residential district plus a front yard equal in depth to one-half (½) of the required front yard for such residential district.
D.
Side and Rear Yard Transition. On every lot in the a non-residential district that abuts directly a residential district, there shall be provided side and rear yards equal to that in the abutting residential district or of suitable dimensions to provide for adequate circulation of light, air and traffic as the district may require.
E.
Transition Yard Requirements. When a non-residential district abuts in the rear or on the sides of any residential district, the rear yard or side yard requirements, whichever the case may be, of any building or structure on the premises of the non-residential district shall be set back from its side or rear lot line, whichever the case may be, a distance of two (2) linear feet for each one (1) foot of building or structure height, this will then determine the minimum yard requirements, except as otherwise provided herein.
[1]
Editor's Note — Zoning District Area Regulations table is included as an attachment to this chapter.
Section 400.235 Bed and Breakfasts.
[Ord. No. 480 §2, 7-3-1995]
A.
Bed and breakfast establishments are permitted in "R-1" and "R-2" Zoned Districts subject to the provisions of this Section. A bed and breakfast establishment shall be carried on entirely within the dwelling unit by a member of the family residing in the dwelling unit, shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes, and shall conform to the following standards and provisions:
1.
No bed and breakfast establishment shall be established until such time as the owner has procured a business license from the City Clerk and obtained a special use permit from the City Council, upon recommendation by the Planning and Zoning Commission, pursuant to the provisions of the Scott City Code.
2.
No other type of occupation or profession shall be permitted within the building where the bed and breakfast establishment is located.
3.
No more than four (4) bedrooms, and no more than fifty percent (50%) of the livable floor area of the building may be used for the bed and breakfast establishment. In addition to all other requirements set forth in the special use permit ordinance, an applicant for a bed and breakfast establishment shall provide a floor plan showing the specific location of the areas to be used for the bed and breakfast establishment.
4.
There shall be no exterior display or sign, except that one (1) sign shall be permitted which shall be an unanimated, nonilluminated, flat or window sign having an area of not more than four hundred (400) square inches. The sign shall be attached flat to the building.
5.
One (1) unobstructed off-street parking space shall be provided for each available bedroom in the bed and breakfast establishment, unless it is determined in processing the special use application that adequate parking already exists at the location of the proposed establishment.
6.
No lodger shall be rented a room for longer than four (4) consecutive days.
7.
No meals shall be served, except for breakfast.
8.
Meals may be served only to overnight guests.
9.
Each guest room in the bed and breakfast shall contain an operable smoke alarm.
10.
Each operator shall keep a register of the boarders, in which shall be recorded the name, drivers license and permanent home address of the guest, which register shall be open for inspection by the City at all reasonable times.
Section 400.240 Exceptions and Modifications.
[Ord. No. 28 Art. VIII §82, 8-18-1980; Ord. No. 123 §1, 3-19-1984; Ord. No. 313 §9, 10-1-1990; Ord. No. 566 §1, 7-7-1997; Ord. No. 567 §1, 7-7-1997; Ord. No. 850 §1, 12-15-2008]
A.
Lots of Record.
1.
Dwelling on any lot of record. In any district where dwellings are permitted, the Board of Adjustment in its discretion may allow a one-family detached dwelling to be erected on any lot of official record, not withstanding the fact that its area does not comply with the minimum lot size or its width does not comply with the minimum yard requirements set forth in Table 1 of this Chapter.
2.
In exercising its discretion the Board of Adjustment shall consider the following factors:
a.
The extent to which the square footage and the yard widths of the dwelling proposed to be built upon the lot of record conforms to the square footage and yard width of existing dwellings in the surrounding neighborhood.
b.
The feasibility of constructing a marketable one-family detached dwelling upon the lot of record, which would conform to the square footage and minimum yard requirements of Table 1 of this Chapter.
c.
The extent to which the proposed dwelling to be built upon the lot of record conforms with the square footage and minimum requirements of Table 1 of this Chapter.
d.
Where two (2) or more adjacent lots of record are owned by the same person or corporation, the Board of Adjustment may consider the feasibility of redividing the land into fewer lots which would permit construction of dwellings which would comply with the square footage and minimum yard requirements of Table 1 of this Chapter.
3.
Minimum Yards. In no case shall the width of any side yard be less than ten percent (10%) of the width of the lot, and provided; that on a corner lot, the width of the side yard adjoining the side street lot line shall not be less than eight (8) feet or thirty percent (30%) of the frontage, whichever is the greater. In no case shall the depth of the rear yard be less than ten (10) feet. Front, side or rear yard encroachments as specified in Subsection (B) below shall be prohibited in the case of substandard lots of record and the yard width of such lots shall be measured from the edge of any projection or overhang to the lot line.
B.
Height Modification. The height limitations stipulated elsewhere in this Chapter shall not apply to the following:
1.
Farm buildings, architectural features, etc. Barns, silos, or other farm buildings or structures on farms; to church spires, belfries, cupolas, and domes, monuments, water towers, fire and hose towers, observation towers, transmission towers, windmills, chimneys, smoke-stacks, flag poles, radio towers, mast and aerials; to parapet walls extending not more than four (4) feet above the limiting height of the building.
2.
Places of public assembly. Places of public assembly in churches, schools and other permitted public and semi-public buildings, provided that these are located on the first (1st) floor of such buildings and provided that for each three (3) feet by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district.
3.
Elevator penthouses, water tanks, etc. Elevator penthouses, water tanks, monitors and scenery lofts provided no linear dimension of any such structure exceeds fifty percent (50%) of the corresponding street lot line frontage; or to towers and monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures, where the manufacturing process requires a greater height.
4.
Minimum requirements. All such structures above the heights otherwise permitted in the district shall not occupy more than twenty-five percent (25%) of the area of the lot and shall be distant not less than fifty (50) feet in all parts from every lot line not a street lot line.
C.
Yard and Frontage Modifications in Residential Districts.
1.
Average depth of front yards. In any R-District, where the average depth of at least two (2) existing front yards on lots within one hundred (100) feet of the lot in question and within the same block front is less or greater than the least front yard depth prescribed elsewhere in this Chapter, the required depth of the front yard on such lot shall be modified. In such cases, this shall not be less than the average depth of said existing front yards on the two (2) lots immediately adjoining, or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining; provided however, that the depth of a front yard on any lot shall be at least ten (10) feet and need not exceed fifty (50) feet; and provided further that in no event shall the depth of a front yard of a corner lot be less than twenty-five (25) feet.
2.
Double frontage lots. Buildings on lots having frontage on two (2) non-intersecting streets need not have a rear yard if an equivalent open space is provided on the lot in lieu of such required rear yard; applicable front yards must be provided however, on both streets.
3.
Rear and side yards — How computed. In computing the depth of a rear yard or the width of a side yard, where the rear or side yard abuts an alley, one-half (½) of the width of the alley may be included as a portion of the required rear or side yard, as the case may be. However, in no event shall any building or structure be erected closer than five (5) feet from any lot line.
4.
Side yard increased. Each side yard, where required, shall be increased in width by two (2) inches for each foot by which the length of the side wall of the building, adjacent to the side yard, exceeds forty (40) feet.
5.
Side yard — Corner lot. A side yard along the side street lot line of a corner lot, which lot abuts in the rear, either directly or across an alley, the side lot line of another lot in an R-District shall have a width of not less than one-half (½) the required depth of the front yard on such other lot fronting the side street.
6.
Frontage modifications. In the case of curvilinear streets and cul-de-sacs, the Board may authorize reductions of the otherwise specified lot frontage in R-Districts, provided that:
D.
Yard Projections in R-Districts.
1.
Certain architectural features may project into required yards or courts as follows:
a.
Cornices, canopies, eaves or other architectural features, may project a distance not exceeding two (2) feet, six (6) inches.
b.
Fire escape may project a distance not exceeding four (4) feet, six (6) inches.
c.
An uncovered stair, and necessary landings may project a distance not to exceed six (6) feet, provided such stair and landing shall not extend above the entrance floor of the building except for a railing not exceeding three (3) feet in height.
d.
Bay windows, balconies, uncovered porches, and chimneys may project a distance not exceeding three (3) feet provided that such features do not occupy, in the aggregate, more than one-third (⅓) of the length of the building wall on which they are located.
2.
Interior side yards. Subject to the limitations in Subsection D (1) above, the above-named features may project into any required side yard adjoining an interior side lot line, a distance not to exceed one-fifth (1/5) of the required least width of such side yard, but not exceeding three (3) feet in any case.
3.
Rear yards. Subject to the limitations in Subsection D (1) above, the features named therein may project into any required rear yards the same distances they are permitted to project into a front yard.
4.
Fences, walls and hedges.
a. FENCE FRONT SIDE OF BUILDING REPAIR OR REPLACEMENT
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
A hedge, plant or tree growth, structure or partition erected for the purpose of enclosing or dividing a piece of land or for the purpose of preventing intrusion from without or straying from within.
The side or sides of the main building located on the lot which side or sides face a street.
Repair or reconstruction or substitution of the materials representing fifty percent (50%) or more of the total materials constituting the side of the existing fence to be affected.
b.
Regulations.
(1)
Fences in which the opening between the materials of which the fence is constructed represent less than seventy percent (70%) of the total surface may be erected as follows:
i.
To a height not exceeding four feet along the boundaries of a lot; or
ii.
If of wooden or wood simulated construction to a height of no more than six (6) feet along the property lines of the lot, provided the fence does not extend toward the street beyond the front side or sides of the primary building located on the lot.
(2)
Fences in which the opening between the materials of which the fence is constructed represent more than seventy percent (70%) of the total surface may be erected as follows:
i.
To a height not exceeding four (4) feet along the boundaries of a lot which extend toward the street beyond the front side or sides of the primary building located on the lot; or
ii.
To a height not exceeding six (6) feet along the property lines of the lot, provided the fence does not extend toward the street beyond the front side or sides of the primary building located on the lot.
(4)
All fences shall be constructed of materials which are generally accepted and used as and for fencing, excluding those materials which are prohibited by other provisions of the City ordinances of Scott City to be used as fencing materials. All fence material to be approved by the Building Inspector at time of permit approval.
(5)
The percent of opening between the materials of which a fence is constructed shall be considered the openings visible from all exterior points of the fence when viewing the fence along a projected line being extended from each such exterior point perpendicularly to the fence.
c.
Prohibited fences.
(1)
Barbed wire fence. All fences having wire or metal prongs or spikes or cutting points or edges of any kind whatsoever shall be prohibited on property located within the City's residential or commercial districts, except for the following purposes:
(2)
No electric fence shall be located in any residential or commercial district within the City, except under the following circumstances:
i.
In any residential or commercial property where livestock is allowed to be kept pursuant to the provisions of Section 215.160 of the Code.
ii.
To protect gardens or flower beds from destruction by wild or domestic animals.
iii.
No electric fence shall be located in any industrial area, except for the express purpose of providing security to unattended buildings.
iv.
Notwithstanding the above provisions, no electric fence shall be erected on any property located within City limits, unless the voltage carried by such fence is less than five (5) volts and the fence is properly flagged to identify its location.
d.
Permit required. In all instances where a fence is to be erected, a permit shall be obtained prior to such placement or replacement of said fence. An application for such permit shall be delivered to the Building Inspector of the City of Scott City, which said application shall contain a diagram showing the location of the buildings upon the lot and the location of the fence to be erected or replaced on said lot. The application shall then be approved or disapproved by the Building Inspector as required for building permits in Scott City. Enforcement of this ordinance effective as of January 1, 2009.
E.
Lot Area Requirements — Private Sanitary Facilities. Any other regulations of this Chapter notwithstanding, in any district, except "A-1", where public water and sanitary facilities are not accessible, the lot area per family and lot frontage requirements otherwise specified for residential uses shall be increased as follows:
1.
Sewerage and/or water not available. Where public sewerage and/or public water supplies are not accessible:
Wells and sewerage disposal systems shall be installed in strict accordance with State of Missouri Division of Public Health, Soil Conservation Service, and Water Pollution Board specifications. On-site percolation test results, site gradient, and subsurface geology shall directly affect the type, design and method of installation of those systems.
Section 400.245 Location, Placement or Use of Cargo or Freight Containers in the City.
[Ord. No. 1039 §1, 11-16-2015]
A. CARGO OR FREIGHT CONTAINERS1. 2. 3.
Definition.
Any article of transport equipment which falls into any of the following categories:
Designed or constructed for or used to facilitate the packing, shipping, movement, or transportation of freight, articles, goods or commodities by one (1) or more modes of transport;
A prefabricated metal structure designed for use as an individual shipping container in accordance with international standards or a metal structure designed and built for use as an enclosed truck trailer in accordance with U.S. Department of Transportation standards.
B.
Except as hereinafter provided, it shall be unlawful for any person to place a cargo or freight container on any property within the City zoned residential or commercial, whether located on private property or on public easement.
C.
Exceptions.
1.
Licensed contractors may use cargo or freight containers in any zoning district for the storage of equipment and materials during the period of construction at the construction site subject to the following:
a.
The construction must be properly permitted by the City.
b.
The container shall be removed from the property no later than seven (7) calendar days after the final inspection and approval of the construction by the City.
c.
If construction ceases for a period of thirty (30) days or is abandoned, the cargo container shall be removed not later than seven (7) days after notice to remove issued by the City.
2.
Owners of residential or commercial property may locate a cargo or freight container on their premises under the following conditions so as to make said container esthetically compatible with other accessory buildings in the area:
[Ord. No. 1166, 11-18-2019[1]]
a.
The container is covered with metal, wood or other siding of a similar quality as other accessory buildings in the area.
b.
A peak roof is constructed over the cargo or freight container, metal or asphalt or other materials compatible with other accessory buildings in the area.
d.
The location of the cargo or freight container complies with all setback requirements for accessory buildings.
[1]
Editor's Note: Former Subsections (C)(2) and (C)(3), which immediately follow, were renumbered to (C)(3) and (C)(4), respectively.
3.
Containers used during moving may be placed on residential zoned property for a maximum of fourteen (14) days.
4.
The Police Department, Fire Department or Public Works Department may place a cargo container, freight container on property zoned residential or commercial, under the following conditions:
[Ord. No. 1084 § 1, 6-19-2017]
a.
The cargo container contains emergency management equipment and supplies for distribution in the event of a natural or man-made disaster.
b.
The cargo container is placed on property owned by the City.
c.
The cargo container is only opened to furnish or replenish emergency management equipment and supplies and distribute the equipment to emergency management personnel and distribute supplies to the public in the event of an emergency.
d.
The cargo container shall not be placed or maintained less than five (5) feet away from any adjoining property line and not less than ten (10) feet away from any City street, road or easement.
[Ord. No. 1086 § 1, 7-17-2017]
e.
The cargo container is at all times secured so that only emergency management personnel have access to the contents therein.
f.
The Council approves the placement of the cargo container at the site.
D.
Cargo or freight containers located on residential or commercial property, as of the date of this ordinance may be continued, unless otherwise in violation of ordinances existing at the time the containers were placed on the premises. However, when such a non-conforming use is disconnected, such use shall not thereafter be reestablished.
Section 400.247 Battery-Charged Fence.
[Ord. No. 1267, 1-3-2022]
A.
No person shall install a battery-charged fence unless first getting a permit from the City. Battery-charged fences shall:
1.
Interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to summon law enforcement in response to a burglary;
2.
Be located on property that is not designated by a City, County, Town , Village or political subdivision for residential use;
3.
Has an energizer that is powered by a commercial storage battery that is no more than twelve (12) volts of direct current and that periodically delivers voltage impulses to the fence;
4.
Produces an electric charge that does not exceed energizer characteristics set for electric fence energizers by the International Electrotechnical Commission, as published in the Commissions' standard on June 29, 2018;
5.
Is completely surrounded by a non-electric perimeter fence or wall that is no less than five (5) feet in height;
6.
Is no more than ten (10) feet in height or, if part of a non-electric fence or wall, no more than two (2) feet higher than the non-electric fence or wall, whichever is higher; and
7.
Is marked with conspicuous warning signs that are located on the battery-charged fence at intervals no more than sixty (60) feet apart and read "WARNING ELECTRIC FENCE".
B.
Upon installation of a battery-charged fence, an installer shall deliver written notice to the Chief Administrator of the City, that:
1.
States that the battery-charged fence was installed;
2.
States the street address of the battery-charged fence; and
3.
Includes a certification that the battery-charged fence satisfies the definition of a "battery-charged fence" under this Section and the standards for electric fence energizers set by the International Electrotechnical Commission, as published in the Commission's standard on June 29, 2018.
C.
No person shall install a battery-charged fence until a proper permit for the same is applied for and approved by the Building Inspector.