The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Agriculture means the planting, cultivating, harvesting and storage of grains, hay or plants commonly grown in the county. The raising and feeding of livestock and poultry shall be considered an agricultural venture if the area in which the livestock or poultry is kept is ten acres or more in area, and if such raising of livestock and poultry is incidental or supplemental to the raising of crops. The storage of crops, grains, feeds or other products shall be limited to those raised on or to be consumed on the premises.

Alteration means any addition, removal, extension or change in the location of any exterior wall of a main building or accessory building.

Apartment means a room or a suite of rooms within an apartment house arranged, intended or designed for a place of residence of a single-family, or a group of individuals living together as a single housekeeping unit.

At risk of becoming homeless means an individual or family who are likely to imminently lose access to a residence, provided that:

(1)

Residence will likely be lost within 14 days of the date of application for homeless assistance; no subsequent residence has been identified; and

(2)

The individual or family lacks the resources or support networks needed to obtain other housing.

Basement means a story below the first story, as defined under story below, counted as a story for height regulations if subdivided and used for dwelling purposes other than by a janitor or watchman employed on the premises.

Block means a piece or parcel of land entirely surrounded by public highways or streets. In cases where the platting is incomplete or disconnected, the public works director shall determine the outline of the block.

Boardinghouse or lodginghouse means a building other than a hotel, occupied as a single housekeeping unit, where lodging or meals are provided for not more than three persons for compensation, pursuant to previous arrangement, but not for the public or transients.

Breezeway means a pedestrian connection between two buildings, having a permanent roof and floor and having no sidewalls except that screen wire or lattice having at least 50 percent open area may be attached in the form of sidewalls.

Buffer means a permanent fence, planting or screening providing privacy for adjacent property.

Building means an enclosed structure, anchored to permanent foundation, and having exterior or party walls, and a roof, designed for the shelter of persons, animals or property. When divided by other than common or contiguous walls each portion or section of such building shall be regarded as a separate building; except, that two buildings connected by a breezeway having a contiguous roof shall be deemed as one building.

Community residential facility (CRF) means publicly or privately operated facilities, limited to group homes for children, for those with disabilities, or for the elderly; homes for recovery for substance misuse; or shelters for domestic violence victims. Community residential facilities do not include halfway houses, emergency shelters, or emergency housing.

Curb level means the top of the curb in front of the lot or in case of a corner lot, along that abutting street where the curb level is the highest.

Day care center means a group program providing care for more than ten children in a family home or more than four children in a facility other than a family home where care is provided for children by a child care provider for any part of the 24-hour day and that is licensed, regulated or subsidized by the state department of health and senior services.

Day care home means a family home in which care is given to ten children or less, not related to the day care provider, for any part of the 24-hour day.

Day shelter means a shelter utilized for any time period between the hours of 6:00 a.m. and 9:00 p.m. The provision of day shelter is subject to special use permit provisions of section 64-124.

Dwelling means a building or portion thereof, designed exclusively for residential occupancy, including one-family, two-family and multiple-family dwellings, boardinghouses and lodginghouses, apartment houses and apartment hotels, but not hotels or motels. Types of dwellings are as follows:

(1)

One-family dwelling means a detached building arranged, intended or designed for occupancy by one family.

(2)

Two-family dwelling means a building arranged, intended or designed for occupancy by two families.

(3)

Multiple-family dwelling means a building or portion thereof arranged, intended or designed for occupancy by three or more families, including apartment houses, garden apartments, row houses and apartment hotels.

Emergency housing means temporary indoor overnight accommodations for individuals or families who are homeless or at risk of becoming homeless. May be intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families and which may or may not require occupants to enter into a lease or an occupancy agreement.

Emergency shelter means any facility, the primary purpose of which is to provide a temporary overnight shelter for homeless populations.

Family means one or more persons who are related by blood, marriage or adoption or part of a custodial program approved by a probate or circuit judge, living together and occupying a single housekeeping unit with a single kitchen facility, or a group of not more than five (excluding servants) living together by joint agreement and occupying a single housekeeping unit with single kitchen facilities, on a nonprofit cost sharing basis.

Farming means the use of a tract of land, not less than five acres, for the cultivating and harvesting of crops, or the raising and managing of livestock or poultry, and may include the residence of those persons engaged in agricultural production or other buildings customarily provided in conjunction with the farm use.

Floor area, commercial, means that area of a building surrounded by permanent walls and covered by permanent roof and excluding storage area, utility rooms, washrooms, vaults and other areas not generally used by patrons.

Floor area, residential, means that area of living space surrounded by permanent walls and covered by permanent roof and excluding garages or carports and excluding unfinished rooms below grade.

Foster family home means a facility maintained by a person who has under his care one to three mentally handicapped residents not related to him by blood or marriage and unaccompanied by parent or guardian, providing a homelike atmosphere and the opportunity for utilization of community educational, training, recreational, socializational and health facilities; and being certified by the state department of mental health if required.

Garage.

(1)

Commercial garage means a building or portion thereof designed or used for the storage, sale, hiring, care or repair of motor vehicles, which garage is operated for commercial purposes.

(2)

Community garage means a building or portion thereof other than a public, private or storage garage providing storage for automobiles with facilities for washing, but no other services, such garage to be in lieu of private garages within a block or portion of a block.

(3)

Private garage means an accessory building for storage only of automobiles.

(4)

Storage garage means a building or portion thereof, except those defined as a private, commercial or a community garage, providing storage for motor vehicles, with facilities for washing, but no other service.

Garden apartment building means an apartment building with separate entrances to each apartment located on the exterior of the building and is located on a lot either singly or together with other similar apartment buildings, the total ground floor area of which does not exceed 25 percent of the area of the lot, and having landscaped open spaces and grounds.

Group care home means a facility generally located in residential environments providing such minimum medical or supervisory personnel as may be required to meet the standards of federal, state or local governmental licensing agencies. These facilities may provide medical, behavioral, psychiatric, social, educational, rehabilitative or protective services for persons with a disability. Such facilities are occupied by not more than ten persons, including eight or fewer persons with a disability, who need not be related by blood or marriage and not to exceed two staff residents who need not be related by blood or marriage to each other or to the residents, which dwelling is licensed by a regulatory agency of this state.

Height of building means the vertical distance measured from the average finished grade abutting the building to the level of the highest point of the roof beams of a flat roof or roof with a pitch of not more than one inch to the foot, or to the mean height level of the top of the main plates and highest for other roofs.

Height of building or wall forming a yard or court means the vertical distance from the lowest level of such yard to the highest point of any boundary wall.

Home occupation. Regulations governing home occupations in residential districts are presented in subsection 64-36(a)(11).

Homeless means an individual or family who lacks access to a fixed, regular, and adequate residence.

Homelessness means the state of being homeless.

Hotel means a building occupied or used as a more or less temporary abiding place of individuals or groups of individuals who are lodged, with or without meals, and in which there are more than 12 sleeping rooms, and no provisions for cooking in individual rooms.

Indirect illumination means lighting of a sign or object in such a way that the source of light cannot be seen.

Lot means a parcel of land occupied or to be occupied by one building, or unit group of buildings, and the accessory buildings or uses customarily incident thereto, including such open spaces as are required under this chapter and having its principal frontage upon a public street.

Lot, corner, means a lot abutting upon two or more streets at their intersection; a corner lot shall be deemed to front on that street on which it has its least dimension, unless otherwise specified by the public works director.

Lot depth means the mean horizontal distance from the front street line to the rear line.

Lot, interior, means a lot whose side lines do not abut upon any street.

Lot line means the line bounding a lot as defined herein.

Lot line, front, means the boundary between a lot and the street upon which it fronts.

Lot line, rear, means the boundary line which is opposite and most distant from the front street line, except that in the case of uncertainty, the public works director shall determine the rear line.

Lot line, side, means any lot boundary line not a front or rear line thereof. A side line may be a party lot line, a line bordering on an alley or a side street line.

Lot, through, means an interior lot, having frontage on two streets.

Lot width means the horizontal distance between side lines, measured at the front building line.

Managing agency means an organization that organizes and coordinates a transitional housing facility. A managing agency may be the same entity as the sponsor.

Marijuana or marihuana means Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as seed thereof and resin extracted from the plant and marijuana-infused products. Marijuana or marihuana does not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent on a dry weight basis, or commodities or products manufactured from industrial hemp.

Marijuana-infused products means products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to edible products, ointments, tinctures and concentrates.

Medical marijuana cultivation facility means a facility licensed by the State of state department of health and senior services or its successor agency, to acquire, cultivate, process, store, transport, and sell marijuana to a medical dispensary facility, medical marijuana testing facility, or to a medical marijuana-infused products manufacturing facility.

Medical marijuana dispensary facility means a facility licensed by the state department of health and senior services or its successor agency to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products and drug paraphernalia used to administer marijuana as provided for in this section to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana-infused products manufacturing facility.

Medical marijuana-infused products manufacturing facility means a facility licensed by the state department of health and senior services or its successor agency to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana test facility or to another medical marijuana-infused products manufacturing facility.

Medical marijuana testing facility means a facility certified by the state department of health and senior services or its successor agency to acquire, test certify and transport marijuana.

Mobile home means a factory-constructed residential unit in one or more sections for towing to the point of use and designed to be used without a permanent foundation as a single-family dwelling unit on a year-round basis.

Mobile home court means land used or intended to be used, let or rented for occupancy by one or more mobile homes.

Nonconforming use, building or yard, means a use, building or yard, which does not, by reason of design, use or dimensions, conform to the regulations of the district in which it is situated. It is a legal nonconforming use if established prior to December 1, 1969, or prior to any amendment hereof.

Permanent supportive housing means subsidized, residential facilities that prioritizes people who need comprehensive support services to retain tenancy. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at risk of becoming homeless prior to moving into housing.

Primary purpose means the most prevalent reason for which a facility is operating or exists, or for which a building or structure is being used.

Residence means a structure that meets the current code of ordinances for the city as a place that is intended for human habitation for an individual and their family that is not offered for hire to transient guests, and is not a publicly or privately operated shelter designed to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, and local government programs).

Residential care center (including hospice facilities) means a facility which provides care, treatment or custody for ten or more people providing such medical or supervisory personnel as may be required to meet the standards of federal, state or local governmental licensing agencies. These facilities may provide medical, behavioral, psychiatric, social, educational, rehabilitative or protective services for persons with a disability and affords an opportunity for utilization of community educational, training, recreational, socializational and health facilities and may in addition to those services provide educational, nursing or other specialized services within the facility; and being licensed by the state department of mental health if required.

Residential facilities, for purposes of this section, shall include community residential facilities, emergency housing, permanent supportive housing, and transitional housing. Residential facilities are intended to provide services that involve overnight stays at the facility.

Residential schools and/or learning centers means a facility which primarily provides special education or training to mentally handicapped students on a residential basis and is licensed by the state department of mental health if required.

Senior housing apartments/developments means a dwelling that is specifically designed for, and occupied by elderly persons under a federal, state, or local program, or a dwelling that is occupied solely by persons who are 62 or older, or a dwelling which houses at least one person who is 55 or older in at least 80 percent of the occupied units, and adheres to a policy that demonstrates intent to house persons who are 55 or older.

Shelter, for the purposes of this chapter, means a place that provides protection to those without a residence to avoid the elements, including those places further defined herein as, day shelters, temporary cooling shelters, temporary warming shelters, and emergency shelters.

Social service administrative offices means eleomosonary, philanthropic, non-profit or not-for-profit management and professional services offices.

Social service agency retail businesses means eleomosonary, philanthropic, non-profit or not-for-profit businesses providing goods for sale, resale or free distribution to the general public.

Sponsor means an organization that has an agreement with the managing agency to provide basic services and support for the residents of a transitional housing facility. A "sponsor" may be the same entity as the managing agency.

Stable, private, means an accessory building for the keeping of horses, ponies, or cows, owned by occupants of the premises, and not kept for remuneration, hire or sale.

Stable, riding, means a structure in which horses or ponies used exclusively for pleasure riding or driving are housed, boarded or kept for hire; including riding track.

Story means that part of a building included between the surface of one floor and the surface of the floor next above, or, if there be no floor above, that part of the building which is above the surface of a floor and the ceiling next above. A top story attic is a half-story, when the main line of the eaves is not above the middle of such story. The first story is a half-story when between 50 and 75 percent of its exterior walls are exposed to outside light and air entirely above grade and which exterior walls contain windows or doors permitting the entrance of daylight and outside air.

Street means a right-of-way which affords the principal means of vehicular access to property abutting thereon.

Street line means the dividing line between the street and the abutting property.

Structural alterations means any change in the supporting members of a building, such as foundation, bearing walls, columns, beams or girders.

Structure means anything constructed or erected, which requires locating on the ground, or attached to something having a location on the ground; including, but not limited to, satellite signal receiving dishes and other similar telecommunications equipment, advertising signs, billboards and poster panels, but exclusive of customary fences or boundary or retaining walls.

Support services means on-site or off-site assistance to individuals or families at the primary purpose of which is reducing or mitigating the effects of homelessness which may include, but is not limited to educational, social, legal, advocacy, childcare, employment, financial, health care, or information and referral services to meet these needs. Support services shall not include the provision of meals, bathing, laundry, and overnight shelter.

Temporary cooling shelter means a shelter operating any time periods between the hours of 6:00 a.m. and 9:00 p.m. when the outside temperature is predicted to be 95 degrees or above. The provision of "temporary cooling shelter" is subject to special use permit provisions of section 64-124.

Temporary warming shelter means a shelter operating any time periods between the hours of 7:00 p.m. and 7:00 a.m. when the outside temperature is predicted to be 33 degrees or below. The provision of "temporary warming shelter" is subject to special use permit provisions of section 64-124.

Tiny home means a one-family dwelling with a minimum combined floor area of 350 square feet and a maximum of 649 square feet that is connected to electric, sewer, and water utilities and affixed to a permanent foundation of masonry or concrete able to withstand winds of up to 95 miles per hour. This definition includes manufactured (prefabricated/modular type) tiny homes if they have the affixed seal of the Missouri Public Service Commission as a prefabricated/modular home.

Tourist court or motel means a tract or parcel of land upon which one or more tourist sleeping units and required parking areas are located.

Transient housing means a dwelling that is specifically designed for, and occupied by displaced residents without access to traditional housing options needing temporary housing while transitioning to traditional housing (six months or less).

Transitional housing means residential facilities, the purpose of which is to facilitate the movement of individuals and families experiencing homelessness to a permanent residence within 24 months. May require a lease or occupation agreement, and use may include support service providers.

Transit services shall include but not limited to: (i) fixed route; (ii) shuttle/circulator service; (iii) ancillary and related services and amenities, including transfer centers, bus shelters, signage, etc.; and (iv) other services including but not limited to charters, contracted social services, express buses; park and ride, light rail.

Variance means relief from one of the provisions of this chapter, as applied to a specific piece of property, as distinct from rezoning, as set out in division 14 of article VI of chapter 2.

Yard means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used. Where lots abut a street that is designated a thoroughfare on the thoroughfare plan of the city, all yards abutting such street shall be measured from a line one-half the proposed right-of-way width from the centerline, or from the lot line, whichever provides the greater setback. On other lots, all yards abutting a street shall be measured from a line 25 feet from the centerline or from the lot line, whichever provides the greater setback.

Yard, front, means a yard across the full width of the lot extending from the front line of the building to the front line of the lot.

Yard, rear, means a yard between the rear lot line and the rear line of the main building and the side lot lines.

Yard, side, means a yard between the main building and the adjacent side line of the lot and extending entirely from a front yard to the rear yard thereof.

(Code 1969, § 34-1; Code 1982, § 31-2; Ord. No. 7321, § 2, 6-6-1977; Ord. No. 7341, § 3, 8-1-1977; Ord. No. 7763, § 3, 9-8-1981; Ord. No. 8162, § 1, 7-28-1986; Ord. No. 8420, § 6, 4-17-1989; Ord. No. 8566, § 1, 1-21-1991; Ord. No. 8738, § 1, 12-21-1992; Ord. No. 9551, § 1, 3-19-2007; Ord. No. 9777, § 1, 4-5-2010, eff. 7-1-2010; Ord. No. 10285, § 2, 3-16-2015; Ord. No. 10961, § 2(Exh. A), 7-1-2019; Ord. No. 11784, § 1, 4-17-2023; Ord. No. 12135, § 2, 9-23-2024)

Any person violating any provision of this chapter shall be subject to penalties as provided in section 1-14 and in the city fine schedule, in addition to any specific penalties provided in this chapter.

(a)

Injunctive relief. In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of this chapter, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of the building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. Such regulations shall be enforced by the community development director and/or departmental designee, who is empowered to cause any building, structure, place or premises to be inspected and examined, and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provisions of the regulations enumerated herein.

(b)

Penalties. The owner or general agent of a building or premises in or upon which a violation of any provisions of this chapter has been committed or shall exist; or the lessee or tenant of any part of the building or premises in or upon which such violation has been committed or shall exist, or the general agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation shall exist, shall be guilty of a misdemeanor and shall be subject to penalties as provided in general penalties in section 1-14.

(Code 1969, § 34-29; Code 1982, § 31-29; Ord. No. 10285, § 2, 3-16-2015)

(a)

A planning and zoning commission is established in division 10 of article VI of chapter 2 in accordance with the provisions of RSMo ch. 89 regarding the planning and zoning of cities. The term "commission," when used in this chapter, shall be construed to mean the planning and zoning commission. The creation, composition, powers and duties, as well as other details regarding the commission are enumerated in division 10 of article VI of chapter 2.

As part of these responsibilities the planning and zoning commission shall periodically review, update and revise the Sedalia Master Plan, under the direction of the community development director or designated professional staff. This process may include an annual review to ensure that planning and zoning decisions have been consistent with the contents of the plan; and every five-year update of the plan to make adjustments to plan goals and objectives based on changes in the community; and an every ten-year revision of the plan incorporating broader public involvement.

(b)

A zoning board of adjustment is established in division 13 of Article VI of chapter 2 in accordance with the provisions of RSMo ch. 89 regarding the zoning of cities. The term "board," when used in this chapter, shall be construed to mean the zoning board of adjustment. The powers and duties of the board are enumerated in division 13 of article VI of chapter 2.

(Code 1969, § 34-5; Code 1982, § 31-5; Ord. No. 8756, § 1, 2-16-1993; Ord. No. 10285, § 2, 3-16-2015; Ord. No. 10453, § 1, 5-2-2016)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, changed the title of § 64-4 from "Zoning board of adjustment" to read as herein set out.

(a)

The council may, from time to time on its own motion, or on petition after public notice and hearings thereon, as provided herein, amend, supplement, change, modify or repeal the regulations and restrictions as established herein. Before taking any action upon any proposed amendment, supplement, modification or change, the same shall be referred by the council to the city planning and zoning commission for report and recommendation. In case of a protest against such amendment, supplement, change, modification or repeal, duly signed and acknowledged by the owners of 30 percent or more, either of the land, exclusive of streets and alleys included in such proposed change, or within an area determined by lines drawn parallel to and 185 feet distant from the boundaries of the district proposed to be changed, such amendment shall not be passed except by the favorable vote of two-thirds of all the members of the council.

(b)

No action on an amendment, change, modification or repeal shall be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. At least 15 days' notice of the time and place of such hearing shall be published in a paper of general circulation in the city.

(c)

Both the city planning and zoning commission and council may, in considering amendment, supplementation, change, modification or repeal of the regulations and restrictions as established herein, consider the effect of such action on stormwater runoff onto property in the vicinity and into city streets and storm sewer systems.

(Code 1969, § 34-25; Code 1982, § 31-25; Ord. No. 8325, § 1, 12-21-1987; Ord. No. 8378, § 1, 9-6-1988)

State Law reference— Similar provisions, RSMo 89.060.

Except as hereinafter provided:

(1)

No building or structure shall be erected, constructed, reconstructed 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 or altered to exceed the height or area limit herein established for the district in which such building or structure is located.

(3)

No lot area shall be reduced or diminished so that the yards or other open spaces shall be smaller than prescribed by this chapter, nor shall the density of population be increased in any manner, except in conformity with the area regulations established herein.

(Code 1969, § 34-6; Code 1982, § 31-6)

It shall be the duty of the community development director and/or departmental designee to enforce the provisions of this chapter. No building or structure shall be erected, constructed or reconstructed, or maintained, nor shall it be altered in such a manner as to prolong the life of the building or structure, nor shall the use of any land be changed without first obtaining a permit from the community development director and/or departmental designee to be issued in accordance with the terms of this chapter. No permit shall be issued unless there shall first be filed in the office of the community development director and/or departmental designee by the applicant therefor, information satisfactory to the community development director and/or departmental designee which shall include a plan in duplicate, drawn to scale, correctly showing the location and actual dimensions of the lot to be erected, constructed, reconstructed, enlarged or altered, with measurements from all lot lines to foundation lines of the building, together with a true statement in writing, signed by the applicant, showing the use for which such building or land is arranged, intended or designed; and no permit shall be issued by the community development director and/or departmental designee unless such plan or information shall show that such building or land is to conform in all particulars with the provisions of this chapter. A record of such applications and plans shall be kept in the office of the community development director and/or departmental designee. The community development director and/or departmental designee shall have power to revoke any permit which has been issued, in case of violation of the condition of such permit.

Additionally, the community development director may use administrative discretion in granting certain variances/exceptions under the following circumstances:

(1)

To ensure that accommodations can be made to properly and safely provide American with Disabilities Act (ADA) improvements (e.g. setback variances to accommodate ramps to building entries, etc.).

(2)

To address improvements required by federal or state legislation (e.g. homeland security requirements such as specific fencing/barriers/etc.)

(3)

To allow up to a ten-percent variance in the specified height and area regulations in this chapter.

(Code 1969, § 34-27; Code 1982, § 31-27; Ord. No. 10285, § 2, 3-16-2015)

Editor's note— Ord. No. 10285, § 2, adopted March 16, 2015, changed the title of § 64-7 from "Enforcement of chapter; permits" to read as herein set out.