Sikeston City Zoning Code
ARTICLE VII
District Regulations
Section 405.440 Purpose.
[R.O. 2009 § 17.12.010; Ord. No. 6220, 4-26-2021]
These districts are intended to promote and preserve urban one-family residential development. The principal use of land is for single-family dwellings and related recreational, educational and religious facilities normally required to provide orderly and attractive residential areas. The permitted uses, conditional uses and design standards are the same for each district except as otherwise provided for in this Chapter.
Section 405.450 Permitted Uses.
[R.O. 2009 § 17.12.020; Ord. No. 5961 §§I, III, 8-25-2014; Ord. No. 6077, 1-8-2018; Ord. No. 6220, 4-26-2021]
A.
In Districts "R-1" and "R-2," no building or land shall be used and no building shall hereafter be erected, constructed, reconstructed or altered, except for one (1) or more of the following uses:
1.
In District "R-1" Single-Family Dwellings, but not Class A manufactured homes.
2.
In District "R-2" Single-Family Dwellings, including Class A manufactured homes, subject to the provisions and restrictions of Section 405.460, Conditional Uses, of this Chapter.
3.
Accessory buildings, clearly subordinate and incidental to the main building, such as private garages or storage buildings, any portion of which is not located in a required front yard or within five (5) feet from any other lot line and ten (10) feet from any other structure.
4.
Churches and synagogues.
5.
Group homes.
6.
Public buildings and places owned and operated exclusively by the City, State or Federal Government:
a.
Police and fire stations;
b.
Administrative buildings;
c.
Libraries and museums;
d.
Parks and playgrounds, to include accessory buildings, structures and fixtures;
e.
Public And Private Schools. Private schools shall be properly licensed by the State of Missouri and shall have a curriculum equivalent to a public school. Additionally, applications for both public and private schools shall be processed through the Planning and Zoning Commission to ensure that the spirit and intent of Chapter 415, Subdivisions, are complied with.
7.
Customary home occupations, subject to the following restrictions:
8.
Agricultural uses, to include farming, truck gardening and nurseries, not including the erection or construction of a building or structure to be used for the on-premise storage, processing or sale of agricultural or agricultural-related products. The intent of this provision being to provide for the production, but not the storage and/or merchandising of such products.
Section 405.452 Regulations For Group Home Providers.
[Ord. No. 6077, 1-8-2018; Ord. No. 6220, 4-26-2021]
A.
Purpose. It is necessary and desirable to provide suitable sites for group homes in residential areas provided that, in furtherance of the goals of de-institutionalization and dispersal, group homes are not unduly concentrated in neighborhoods so as to ensure that mentally or physically disabled persons are afforded the opportunity to be integrated in the community.
1.
The exterior appearance of the home and property, occupancy limitation, signage and other standards applicable to single-family residences shall apply equally to group homes.
2.
In order to achieve the de-institutionalization and dispersal goals referenced herein, owners and operators of group homes most register the facility with the Code Enforcement Department on forms provided for that purpose and certify compliance with all applicable ordinances of the City. Owners and operators of group homes must also notify the Code Enforcement Department of any change of use, transfer or termination of a group home use and revise the facility registration as appropriate.
Section 405.455 Reasonable Accommodation Policy And Procedure.
[Ord. No. 6077, 1-8-2018; Ord. No. 6220, 4-26-2021]
A.
Purpose.
1.
This Section implements the policy of the City of Sikeston on requests for reasonable accommodation in its rules, policies and procedures for persons with disabilities as required by the Fair Housing Act, as amended, 42 U.S.C. § 3604(f)(3)(B) and Title II of the Americans with Disabilities Act., 42 U.S.C. § 12132. The policy of the City of Sikeston is to comply fully with the provisions of the Fair Housing Act and Title II of the Americans with Disabilities Act.
2.
Any person with disabilities and eligible under the Fair Housing Act or Title II of the Americans with Disabilities Act may request a reasonable accommodation with respect to the various land use or zoning laws, rules, policies, practices and/or procedures of the City as provided by the Fair Housing Act and Title II of the Americans with Disabilities Act pursuant to the procedures set out in this Section.
3.
Nothing in this Section requires persons with disabilities or operators of group homes for persons with disabilities acting or operating in accordance with applicable zoning, licensing or land use laws or practices to seek reasonable accommodation under this Section.
B. ACTS ADA APPLICANT CODE DEPARTMENT DISABLED PERSON DWELLING FHA
Definitions. For the purposes of this Section, certain terms and words are hereby defined as follows:
Collectively, the FHA and the ADA.
Title II of the Americans with Disabilities Act, 42 U.S.C. § 12131, et seq., and its implementing regulations. 28 C.F.R. Part 35.
An individual, group or entity making a request for reasonable accommodation pursuant to this Section.
The Sikeston City Code.
The Code Enforcement Department of the City of Sikeston.
Any person who is "handicapped" within the meaning of 42 U.S.C. § 3602(h) or a "qualified individual with a disability" within the meaning of 42 U.S.C. § 12131(2).
A "dwelling" as defined in 42 U.S.C. § 3602(b).
The Fair Housing Act, Title III of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3601 et seq., as may be amended.
C.
Notice To The Public Of Availability Of Accommodation Process. The Department shall prominently display its notice in the Department advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this Section.
D.
Requesting Reasonable Accommodation. In order to make specific housing available to one (1) or more individuals with disabilities, a disabled person or a person acting on his or her behalf at his or their request (collectively, the "Applicant") may request a reasonable accommodation relating to the various land use or zoning rules, policies, practices and/or procedure of the City applicable to such housing.
1.
A request by an applicant for reasonable accommodation relating to land use or zoning rules, policies, practices and/or procedures shall be made orally or in writing on a reasonable accommodation request form provided by the Department. The form shall contain:
a.
The current zoning for the property;
b.
The name, phone number and address of the owner of the fee interest of the property (if other than the Applicant);
c.
The nature of the disability that requires the reasonable accommodation. In the event that the specific individuals who are expected to reside at the property are not known to the Applicant in advance of making the application, the Applicant shall not be precluded from filing the application, but shall submit details describing the range of disabilities that prospective residents are expected to have to qualify for the housing. The Applicant shall notify the Department in the event the residents at the location are not within the range described. The Department shall then determine if an amended application and subsequent determination of reasonable accommodation is appropriate;
d.
The specific type of accommodation requested by the Applicant. To the extent practicable, this portion should include information concerning the impact of the reasonable accommodation on the adjoining properties and area, the number of people who are expected to be availing themselves of the reasonable accommodation, the estimated number of people in an average week who will be necessary to provide services to the persons(s) with disabilities at the property on an on-going basis, whether or not this type of reasonable accommodation is required to obtain a license from any State or County authority to operate, and any other information the Applicant thinks would assist in determining the reasonableness of the accommodation;
e.
The Applicant should also note, if known, whether this accommodation requires any additional licensure from the City (e.g., business license); and
f.
Whether the accommodation requested may be necessary to afford one (1) or more disabled persons equal opportunity, to use and enjoy a specific dwelling.
The Department will assist the Applicant with furnishing the Department all information necessary for processing the reasonable accommodation request, including that information which the Department deems necessary to complete a reasonable accommodation request form. Upon the City's receipt of the necessary information to process the Applicant's request for reasonable accommodation, the Department shall use the information to complete a reasonable accommodation request form |
2.
The Department will provide the assistance necessary to an Applicant in making request for reasonable accommodation. The Department will provide any reasonable assistance necessary to any Applicant wishing to appeal a denial of a request for reasonable accommodation to ensure the process is accessible to the Applicant. The Applicant is entitled to be represented at all stages of the proceedings identified in this Section by a person designated by the Applicant.
3.
Should the information provided by the Applicant to the Department include medical information or records of the Applicant, including records indicating the medical condition, diagnosis or medical history of the Applicant, the Applicant may, at the time of submitting such medical information, request that the Department to the extent allowed by law, treat such medical information as confidential information of the Applicant.
4.
The Department shall provide written notice to the Applicant, and any person designated by the Applicant to represent the Applicant in the application proceeding, of any request received by the Department for disclosure of the medical information or documentation which the Applicant has previously requested be treated as confidential by the Department. The Department will cooperate with the Applicant, to the extent allowed by law, in actions initiated by the Applicant to oppose the disclosure of such medical information or documentation.
E.
Jurisdiction.
1.
Supervisor/Designee. The Supervisor of the Department, or his/her designee (Supervisor/Designee), shall have the authority to consider and act on requests for reasonable accommodation. When a request for reasonable accommodation is filed with the Department, it will be referred to the Supervisor/Designee for review and consideration. The Supervisor/Designee shall issue a written determination within thirty (30) days of the date of receipt of a completed application and may: (1) grant the accommodation request, or (2) deny the request, in accordance with Federal law. Any such denial shall be in writing and shall state the grounds therefor. All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation in the appeals process. The notice of determination shall be sent to the Applicant by certified mail, return receipt requested and by regular mail.
2.
If reasonably necessary to reach a determination on the request for reasonable accommodation, the Supervisor/Designee may, prior to the end of the thirty-day period, request additional information for the Applicant, specifying in detail what information is required. The Applicant shall have fifteen (15) days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the thirty-day period to issue a written determination shall be stayed. The Supervisor/Designee shall issue a written determination within thirty (30) days after receipt of the additional information. If the Applicant fails to provide the requested additional information within said fifteen-day period, the Supervisor/Designee shall issue a written determination within thirty (30) days after expiration of said fifteen-day period.
F.
Findings For Reasonable Accommodation. The following findings, while not exhaustive of all considerations and findings that may be relevant, must be made before any action is taken to approve or deny a request for reasonable accommodation and must be incorporated into the record relating to such approval or denial:
1.
Whether the accommodation requested may be necessary to afford one (1) or more persons with disabilities equal opportunity to use and enjoy a specific dwelling;
2.
Whether the requested accommodation would require a fundamental alteration to the City's zoning scheme; and
3.
Whether the requested accommodation would impose undue financial or administrative burdens on the City.
A request for a reasonable accommodation shall not be denied for reasons which violate the provisions of the Acts. This Section does not obligate the City to grant any accommodation request unless required by the provisions of the Acts or applicable Missouri State law. |
G.
Appeals.
1.
Within thirty (30) days after the date the Supervisor/Designee mails a written adverse determination under Subsection (E) of this Section, to the Applicant, the Applicant requesting reasonable accommodation may appeal the adverse determination.
2.
All appeals shall contain a statement of the grounds for the appeal.
3.
If an individual Applicant needs assistance in appealing a determination the Department will provide reasonable assistance necessary to ensure that the appeal process is accessible to the Applicant. All Applicants are entitled to be represented at all stages of the appeal proceeding by a person designated by the Applicant.
4.
Appeals shall be to the Board of Adjustment who shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than forty-five (45) days after an appeal has been filed. All determinations on appeal shall address and be based upon the findings identified in Subsection (F) of this Section and shall be consistent with the Acts.
5.
An Applicant may request reasonable accommodation in the procedure by which an appeal will be conducted.
H.
Fee. The City shall not impose any additional fees or costs in connection with a request for reasonable accommodation under the provisions of this Section or an appeal of a denial of such request by the Supervisor/Designee. Nothing in this Section obligates the City to pay an applicant's attorney fees.
I.
Stay Of Enforcement. While an application for reasonable accommodation or appeal of a denial of said application is pending before the City, the City will not enforce the subject zoning ordinance against the Applicant.
J.
Record-Keeping. The City shall maintain records of all oral and written requests submitted under the provisions of this Section, and the City's responses thereto, as required by State law.
Section 405.460 Conditional Uses.
[R.O. 2009 § 17.12.030; Ord. No. 5961 §§I, IV 8-25-2014; Ord. No. 6220, 4-26-2021]
A.
The following uses may be permitted in District "R-1" (but not Class A manufactured homes), and District "R-2" after proper permit application for placement or relocation of the manufactured home on an appropriately zoned lot, review and approval pursuant to the provisions of this Section and Article V, Board of Adjustment, of this Chapter.
1.
Family day care homes, provided they are licensed by and operated according to the rules and regulations established by the Missouri Department of Health & Senior Services. Additionally, the restrictions applied to customary home occupations within this Article shall be complied with except for some concessions in the areas of increased traffic and outside activity normally associated with day care facilities. Proximity of other family day care homes will also be considered in the review process. A five-hundred-foot separation distance may be used as a guideline.
2.
Buildings and premises for public utility services or public service corporations, whose buildings or uses the Board deems reasonably necessary for public convenience or welfare.
3.
Private lakes.
4.
Private stables, subject to all other applicable ordinances.
Section 405.470 Height and Area Regulations.
[R.O. 2009 § 17.12.040; Ord. No. 6220, 4-26-2021]
A.
In District "R-1" and District "R-2," any building, dwelling or portion thereof hereafter erected, constructed, reconstructed or altered shall be subject to the following regulations (for exceptions see Article VIII "Height And Area Exceptions" of this Chapter): Also See Reference Table 450.1, set out as Exhibit A to this Ch. 405.
1.
The minimum lot area in District "R-1" shall not be less than ten thousand (10,000) square feet; the minimum lot area for District "R-2" shall not be less than seventy-two hundred (7,200) square feet; provided, however, that where a lot in either district has less area than required by this Section and the plat thereof has been duly recorded as provided by law in the office of the Recorder of Deeds of Scott or New Madrid County at the time of passage of this regulation, this regulation shall not prohibit the erection of a one-family dwelling.
2.
The minimum lot width in District "R-1" shall not be less than ninety (90) feet at the building line; the minimum lot width in District "R-2" shall not be less than sixty (60) feet at the building line; except that where a lot in either district has less width than herein required and in separate ownership at the time of passage of this Chapter, this regulation will not prohibit the erection of a one-family residence.
3.
Yards. The following yard area regulations shall apply in this district. Exceptions or special conditions are provided for in Article VIII "Height And Area Exceptions" of this Chapter.
a.
Front Yard. Not less than twenty-five (25) feet to the front line of the building and not less than fifteen (15) feet to the front line of an open porch, balcony or paved terrace. Lots having double frontage shall provide the required front yard on both streets.
b.
Rear Yard. There shall be a rear yard of not less than twenty-five (25) feet.
c.
Side Yard. There shall be a side yard on each side of every dwelling having a minimum width of not less than twelve and one-half percent (12 1/2%) of the width of the lot, except that this minimum width need not exceed ten (10) feet. In no case will the required side yard be less than five (5) feet unless approval is granted by the Board of Adjustment.
Section 405.471 Foundation, Anchoring and Underpinning (Skirting) Requirements.
[Ord. No. 5961 §§I, V, 8-25-2014; Ord. No. 6220, 4-26-2021]
A.
All manufactured homes located within the City of Sikeston shall be set upon a permanent foundation properly designed and enclosed in accordance with the International Building Code.
1.
Manufactured homes shall be attached to a permanent footing, which manner of placement shall be as stated on the building permit, and meet all manufacturer's specifications for support.
B.
Manufactured home anchors shall be embedded in the footing or foundation to HUD, Missouri Public Service Commission and manufacturer's specifications.
C.
Within ninety (90) days of the manufactured home's setup, underpinning shall be installed in such a way that all areas directly under the home are enclosed.
1.
Underpinning shall be similar in appearance to materials used for the siding of the manufactured home to which it is attached.
2.
Said underpinning/foundation shall have permanently installed venting in accordance with the manufacturer's specifications. Deletions or omissions of vents are not allowed, and homes will not be approved for occupancy without appropriate venting.
Section 405.480 Purpose.
[R.O. 2009 § 17.14.010; Ord. No. 5961 §§I, VI 8-25-2014; Ord. No. 6220, 4-26-2021]
It is the purpose and intent of this Chapter to allow the placement of Class A manufactured homes within this district to increase the options available for low to moderate income households in select residential areas of the City. The placement of manufactured housing would be permitted subject to the requirements and procedures set forth herein. Single ownership of the lot and manufactured housing unit must be demonstrated before a building permit will be issued, and in no case shall a manufactured home pad or lot be rented out in this district.
Section 405.490 Permitted Uses.
[R.O. 2009 § 17.14.020; Ord. No. 5961 §§I, VII 8-25-2014; Ord. No. 6220, 4-26-2021]
A.
In District "R-3," no building, structure or premises shall hereafter be erected, constructed, reconstructed or altered, located, or relocated except for one (1) or more of the following uses:
Section 405.500 Conditional Uses.
[R.O. 2009 § 17.14.030; Ord. No. 5961 §§I, VIII 8-25-2014; Ord. No. 6220, 4-26-2021]
All conditional uses permitted in Districts "R-1" and "R-2" are also permitted in this district subject to the same provisions for application for placement or relocation of manufactured housing on appropriately zoned lots, review and approval, except that the provisions for zero lot line construction will not be permitted for the installation or construction of manufactured housing.
Section 405.510 Height and Area Regulations.
[R.O. 2009 § 17.14.040; Ord. No. 6220, 4-26-2021]
A.
In District "R-3," the height and area regulations for District "R-2" shall apply to all conventionally built structures. The following additional height and area provisions shall apply to manufactured housing units hereafter erected, constructed, reconstructed or altered within this district. Also See Reference Table 450.1, set out as Exhibit A to this Ch. 405.
1.
Yard And Area Regulations. Placement of the manufactured housing unit on a lot within this district shall be made only after the submission and approval of a site plan detailing the precise location of the housing unit in relation to all property lines, rights-of-way and easements. In no case will less than fifty percent (50%) of the lot be allocated for the placement of yards and open spaces in order to comply with the spirit and intent of yard and area requirements established for residential districts. The rulings and decisions of the City Zoning Officer in these matters are final except as provided for in Article V "Board of Adjustment" of this Chapter.
2.
Building Height. In District "R-3," no building manufactured housing unit shall hereafter be erected or structurally altered to exceed one (1) story or sixteen (16) feet in height.
Section 405.511 Foundation, Anchoring and Underpinning (Skirting) Requirements.
[Ord. No. 5961 §§I, IX, 8-25-2014; Ord. No. 6220, 4-26-2021]
A.
All manufactured homes located within the City of Sikeston shall be set upon a permanent foundation properly designed and enclosed in accordance with the International Building Code.
1.
Manufactured homes shall be attached to a permanent footing, which manner of placement shall be as stated on the building permit, and meet all manufacturer's specifications for support.
B.
Manufactured home anchors shall be embedded in the footing or foundation to HUD, Missouri Public Service Commission and manufacturer's specifications.
C.
Within ninety (90) days of the manufactured home's setup, underpinning shall be installed in such a way that all areas directly under the home are enclosed.
1.
Underpinning shall be similar in appearance to materials used for the siding of the manufactured home to which it is attached.
2.
Said underpinning/foundation shall have permanently installed venting in accordance with the manufacturer's specifications. Deletions or omissions of vents are not allowed, and homes will not be approved for occupancy without appropriate venting.
Section 405.520 Purpose.
[R.O. 2009 § 17.16.010; Ord. No. 6220, 4-26-2021]
This district is intended to provide for one- and two-family residential developments of various types and mixes. This district is designed to create a buffer between lower density single-family areas and more intense uses such as commercial, industrial or multi-family developments. Population, density and height of buildings are low enough to be generally compatible with single-family residential developments.
Section 405.530 Permitted Uses.
[R.O. 2009 § 17.16.020; Ord. No. 6220, 4-26-2021]
Section 405.540 Conditional Uses.
[R.O. 2009 § 17.16.030; Ord. No. 5961 §§I, X, 8-25-2014; Ord. No. 6220, 4-26-2021]
A.
The following uses may be permitted in District "R-4" after proper application for placement or relocation of manufactured housing on appropriately zoned lots, review and approval pursuant to the provisions of this Section and Article V, Board of Adjustment, of this Chapter:
1.
Any conditional use provided for in Districts "R-1" and "R-2" except that the provision for manufactured home Class A units in District "R-2" shall be limited to the installation or construction of single-family dwellings as infill development or unit replacement only.
3.
Boarding and lodging houses.
Section 405.550 Height and Area Regulations.
[R.O. 2009 § 17.16.040; Ord. No. 6220, 4-26-2021]
A.
In District "R-4," any building, dwelling or portion thereof, hereafter erected, constructed, reconstructed or altered shall be subject to the following regulations (for exceptions see Article VIII "Height And Area Exceptions" of this Chapter): Also See Reference Table 450.1, set out as Exhibit A to this Ch. 405.
1.
The minimum lot area in District "R-4" shall provide six thousand (6,000) square feet for single-family detached units and thirty-five hundred (3,500) square feet for each unit in a two-family structure; provided, however, that where a lot in this district has less area than required by this Section, but not less than five thousand (5,000) square feet and the plat thereof has been duly recorded as provided by law in the office of the Recorder of Deeds of Scott or New Madrid County, then this regulation shall not prohibit the erection of a one-family dwelling.
2.
The minimum lot width in District "R-4" shall not be less than sixty (60) feet at the building line; except that where a lot has less width than herein required and in separate ownership at the time of passage of this Chapter, this regulation shall not prohibit the erection of a one-family residence.
3.
Yards. All buildings in District "R-4" hereafter erected or structurally altered shall comply with the front, rear and side yard regulations of District "R-1."
4.
Building Height. In District "R-4," no building shall hereafter be erected or structurally altered to exceed two and one-half (2 1/2) stories or thirty-five (35) feet in height.
Section 405.551 Foundation, Anchoring and Underpinning (Skirting) Requirements.
[Ord. No. 5961 §§I, XI, 8-25-2014]
A.
All manufactured homes located within the City of Sikeston shall be set upon a permanent foundation properly designed and enclosed in accordance with the International Building Code.
1.
Manufactured homes shall be attached to a permanent footing, which manner of placement shall be as stated on the building permit, and meet all manufacturer's specifications for support.
B.
Manufactured home anchors shall be embedded in the footing or foundation to HUD, Missouri Public Service Commission and the manufacturer's specifications.
C.
Within ninety (90) days of the manufactured home's setup, underpinning shall be installed in such a way that all areas directly under the home are enclosed.
1.
Underpinning shall be similar in appearance to materials used for the siding of the manufactured home to which it is attached.
2.
Said underpinning/foundation shall have permanently installed venting in accordance with the manufacturer's specifications. Deletions or omissions of vents are not allowed, and homes will not be approved for occupancy without appropriate venting.
Section 405.560 Purpose.
[R.O. 2009 § 17.18.010; Ord. No. 6220, 4-26-2021]
The intent of this district is to provide for a variety of housing types ranging from single-family units to apartment buildings. This district is designed to create a buffer between lower density one- and two-family districts and more intensive uses of land such as commercial and industrial developments.
Section 405.570 Permitted Uses.
[R.O. 2009 § 17.18.020; Ord. No. 6220, 4-26-2021]
A.
In District "R-5," no building or land shall be used and no building shall hereafter be erected, constructed, reconstructed or altered except for one (1) or more of the following uses:
1.
Any use permitted by right in Districts "R-1," "R-2" and "R-4";
2.
Multiple-family dwellings;
3.
Boarding or lodging houses;
4.
Convalescent homes, nursing homes or homes for the aged;
5.
Community garages;
6.
Privately operated libraries, museums or mortuaries;
7.
Public or private hospitals, clinics or orphanages; and
8.
Family day care homes in compliance with State Statutes and local codes.
Section 405.580 Conditional Uses.
[R.O. 2009 § 17.18.030; Ord. No. 5327 §III, 5-18-2000; Ord. No. 5961 §§I, XII, 8-25-2014; Ord. No. 6220, 4-26-2021]
A.
The following uses may be permitted in District "R-5" after proper application for placement or relocation of manufactured housing on appropriately zoned lots, review and approval pursuant to the provisions of this Section and Article V, Board of Adjustment, of this Chapter:
1.
Any conditional use provided for in Districts "R-1," "R-2" and "R-4" except that the provisions for manufactured home Class A units in District "R-2" shall be limited to the installation or construction of single-family dwellings as infill development or unit replacement only.
3.
Office buildings.
Section 405.590 Height and Area Regulations.
[R.O. 2009 § 17.18.040; Ord. No. 6220, 4-26-2021]
A.
In District "R-5," any building, dwelling or portion thereof hereafter erected, constructed, reconstructed or altered shall be subject to the following regulations (for exceptions see Article VIII "Height And Area Exceptions" of this Chapter): Also See Reference Table 450.1, set out as Exhibit A to this Ch. 405.
1.
The minimum lot area in District "R-5" shall provide five thousand (5,000) square feet for single-family detached units, two thousand seven hundred fifty (2,750) square feet for each unit in a two-family structure and three thousand (3,000) square feet for each unit in a multi-family structure.
2.
The minimum lot width in District "R-5" shall not be less than seventy-five (75) feet at the building line; except that where a lot has less width than herein required and in separate ownership at the time of passage of this Chapter, this regulation shall not prohibit the erection of a one-family dwelling.
3.
Yards. All buildings in District "R-5" hereafter erected or structurally altered shall comply with the front, rear and side yard regulations of District "R-1," except as provided for in Article VIII of this Chapter.
4.
Building Height. In District "R-5," no building shall hereafter be erected or structurally altered to exceed three (3) stories or forty (40) feet in height, provided that the requirements established in the current City Building Code are complied with, otherwise the maximum height for this district shall be the same as District "R-4."
Section 405.591 Foundation, Anchoring and underpinning (Skirting) Requirements.
[Ord. No. 5961 §§ I, XIII, 8-25-2014; Ord. No. 6220, 4-26-2021]
A.
All manufactured homes located within the City of Sikeston shall be set upon a permanent foundation properly designed and enclosed in accordance with the International Building Code.
1.
Manufactured homes shall be attached to a permanent footing, which manner of placement shall be as stated on the building permit, and meet all manufacturer's specifications for support.
B.
Manufactured home anchors shall be embedded in the footing or foundation to HUD, Missouri Public Service Commission and manufacturer's specifications.
C.
Within ninety (90) days of the manufactured home's setup, underpinning shall be installed in such a way that all areas directly under the home are enclosed.
1.
Underpinning shall be similar in appearance to materials used for the siding of the manufactured home to which it is attached.
2.
Said underpinning/foundation shall have permanently installed venting in accordance with the manufacturer's specifications. Deletions or omissions of vents are not allowed, and homes will not be approved for occupancy without appropriate venting.
Section 405.600 Purpose.
[R.O. 2009 § 17.20.010; Ord. No. 6220, 4-26-2021]
This district is intended to provide for well designed manufactured housing development in areas where public utilities are available and to establish basic standards which will provide the occupants with a suitable living environment and minimize its effect on surrounding properties.
Section 405.610 Permitted Uses.
[R.O. 2009 § 17.20.020; Ord. No. 5961 §§I, XIV, 8-25-2014; Ord. No. 6220, 4-26-2021]
A.
In District "R-6," no manufactured home, building, land or premises shall be erected, constructed, reconstructed, located, relocated or altered except in conformance with the final development plan and one (1) or more of the following uses:
1.
Single-family, manufactured home Class A units for residential purposes.
2.
Accessory buildings, clearly subordinate and incidental to the main buildings, any portion of which is not located in a required front yard or within five (5) feet of any other lot line.
3.
Churches and synagogues.
4.
Customary home occupations, agricultural uses and signs subject to the restrictions detailed in Section 405.450 for their uses.
5.
Recreational uses for the exclusive use of the occupants of this district.
Section 405.620 Conditional Uses.
[R.O. 2009 § 17.20.030; Ord. No. 5961 §§I, XV, 8-25-2014; Ord. No. 6220, 4-26-2021]
Section 405.630 Height and Area Regulations.
[R.O. 2009 § 17.20.040; Ord. No. 5961 §§I, XVI, 8-25-2014; Ord. No. 6220, 4-26-2021]
A.
In District "R-6," any building, dwelling or portion thereof hereafter erected, constructed, reconstructed, altered, located or relocated shall be subject to the following regulations: Also See Reference Table 450.1, set out as Exhibit A to this Ch. 405.
1.
Minimum Tract Size And Location. Not less than five (5) acres in area and under single ownership or unified control. Outer boundaries of the tract shall be not less than twenty-five (25) feet from any public street and not less than fifteen (15) feet from all other property lines.
2.
Minimum Lot Area. Not less than four thousand (4,000) square feet.
3.
Minimum Lot Width. Not less than forty-five (45) feet at the building line.
5.
Building Height. In District "R-6," no building or manufactured housing unit shall hereafter be erected or structurally altered to exceed one (1) story or sixteen (16) feet in height.
Section 405.631 Foundation, Anchoring and Underpinning (Skirting) Requirements.
[Ord. No. 5961 §§I, XVII, 8-25-2014; Ord. No. 6220, 4-26-2021]
A.
All manufactured homes located within the City of Sikeston shall be set upon a permanent foundation properly designed and enclosed in accordance with the International Building Code.
1.
Manufactured homes shall be attached to a permanent footing, which manner of placement shall be as stated on the building permit, and meet all manufacturer's specifications for support.
B.
Manufactured home anchors shall be embedded in the footing or foundation to HUD, Missouri Public Service Commission and manufacturer's specifications.
C.
Within ninety (90) days of the manufactured home's setup, underpinning shall be installed in such a way that all areas directly under the home are enclosed.
1.
Underpinning shall be similar in appearance to materials used for the siding of the manufactured home to which it is attached.
2.
Said underpinning/foundation shall have permanently installed venting in accordance with the manufacturer's specifications. Deletions or omissions of vents are not allowed, and homes will not be approved for occupancy without appropriate venting.
Section 405.640 General Conditions, Plans and Approval.
[R.O. 2009 § 17.20.050; Ord. No. 6220, 4-26-2021]
All of the provision of Chapter 415, "Subdivisions" of the Sikeston Municipal Code, except as specifically provided for in this Chapter, shall be complied with. The purpose being to ensure that any development within this district meets the minimum requirements for the promotion and preservation of public health, safety and general welfare as provided for in the subdivision ordinance.
Section 405.650 Purpose.
[R.O. 2009 § 17.21.010; Ord. No. 6220, 4-26-2021]
The intent of this district is to provide for condominium development pursuant to the requirements set forth in the Missouri State Statutes.
Section 405.660 Permitted Uses.
[R.O. 2009 § 17.21.020; Ord. No. 6220, 4-26-2021]
A.
In District "R-7," no building or land shall be used and no building shall hereafter be erected, constructed, reconstructed or altered except for the following uses:
Section 405.670 Conditional Uses.
[R.O. 2009 § 17.21.030; Ord. No. 6220, 4-26-2021]
No conditional uses are provided for in this Division.
Section 405.680 Height and Area Regulations.
[R.O. 2009 § 17.21.040; Ord. No. 5327 §II, 5-18-2000; Ord. No. 6220, 4-26-2021]
A.
In District "R-7," any building, dwelling or portion thereof hereafter erected, constructed, reconstructed or altered shall be subject to the following regulations (for exceptions see Article VIII "Height And Area Exceptions" of this Chapter): Also See Reference Table 450.1, set out as Exhibit A to this Ch. 405.
1.
The minimum lot area in District "R-7" shall provide five thousand (5,000) square feet for single-family detached units, two thousand seven hundred fifty (2,750) square feet for each unit in a two-family structure and three thousand (3,000) square feet for each unit in a multi-family structure.
2.
The minimum lot width in District "R-7" shall not be less than seventy-five (75) feet at the building line; except that where a lot has less width than herein required and in separate ownership at the time of passage of this Chapter, this regulation shall not prohibit the erection of a one-family dwelling.
3.
Yards. All buildings in District "R-7" hereafter erected or structurally altered shall comply with the front, rear and side yard regulations of District "R-1," except as provided for in Article VIII, Height and Area Exceptions.
4.
Building Height. In District "R-7," no building shall hereafter be erected or structurally altered to exceed three (3) stories or forty (40) feet in height, provided that the requirements established in the building codes as currently adopted by the City are complied with, otherwise the maximum height for this district shall be the same as District "R-4."
Section 405.690 Purpose.
[R.O. 2009 § 17.22.010; Ord. No. 6220, 4-26-2021]
The purpose of this district is to provide for agricultural activities, spacious residential development for those who choose this environment and to prevent untimely or inappropriate development of more dense urban uses which should be confined to areas where the planned extensions of public services has been provided for.
Section 405.700 Permitted Uses.
[R.O. 2009 § 17.22.020; Ord. No. 4888 § 2, 2-3-1992; Ord. No. 6158, 7-29-2019; Ord. No. 6220, 4-26-2021; Ord. No. 6295, 1-30-2023]
A.
In District "AG," no building, land or premises shall be hereafter erected, constructed, reconstructed or altered except for one (1) or more of the following uses:
1.
All permitted and conditional uses provided for in District "R-1" except for the provisions permitting zero (0) lot line construction.
2.
Agricultural activities on a farm or open land that consists of five (5) or more acres, including general farming, truck gardening, cultivation of field crops, orchards, nurseries for growing or propagation of plants, turf, trees and shrubs, dairy farming, keeping or raising for sale large or small animals, but not including, public auction facilities or commercial slaughtering of animals. In no case shall on-premises sales be permitted.
3.
Storage facilities for farm use only to include provisions for grain fertilizer and other farm products, but not the milling, manufacture or processing of these products, such activities being more appropriately associated with commercial or industrial uses.
4.
One (1) single-family dwelling unit and accessory buildings or structures normally associated with farm uses to include barns, sheds, tool houses and any other facility ancillary to farming or open land, not to include a manufactured home.
Section 405.710 Conditional Uses.
[R.O. 2009 § 17.22.030; Ord. No. 6220, 4-26-2021]
A.
The following uses may be permitted in District "AG" after proper application, review and approval pursuant to the provisions of this Section and Article V "Board of Adjustment" of this Chapter.
1.
Carnival or carnival grounds for temporary or specified time periods subject to other applicable provision of the Sikeston Municipal Code.
2.
Exposition center, fairgrounds or rodeo grounds to include associated commercial vendors in compliance with all applicable provision of the Sikeston Municipal Code.
3.
Wildlife reservation and other similar conservation projects.
4.
Cemetery on a site of not less than ten (10) acres.
5.
Radio or television transmission or receiving station or tower constructed in accordance with local building codes and other applicable regulations.
6.
Hospital or clinic for large or small animals, provided that all buildings, structures, pens or open kennels shall be located at least two hundred (200) feet from any lot lines.
Section 405.720 Height and Area Regulations.
[R.O. 2009 § 17.22.040; Ord. No. 6220, 4-26-2021]
A.
In District "AG," any, building, portion of a building or dwelling hereafter erected, constructed, reconstructed or altered shall be subject to the following regulations: (For exceptions, see Article VIII, Height and Area Regulations.) Also See Reference Table 450.1, set out as Exhibit A to this Ch. 405.
1.
Minimum lot size, not less than five (5) acres, provided, however, that where a lot in this district has less area than required by this Section and the plat thereof has been accepted by the Sikeston City Council duly recorded as provided by law in the office of the Recorder of Deeds of Scott or New Madrid County at the time of passage of this Chapter, this regulation shall not prohibit the construction of a single-family dwelling.
2.
Lot Width. No minimum requirements.
4.
Building Height. Not over two and one-half (2 1/2) stories or thirty-five (35) feet.
5.
Facilities for sanitary sewer and other required utilities shall be installed in accordance with and otherwise comply with the applicable provision of the Sikeston Municipal Code.
Section 405.730 Purposes.
[R.O. 2009 § 17.24.010; Ord. No. 5020 §II, 8-31-1994; Ord. No. 6220, 4-26-2021]
A.
This district is established to provide the orderly conversion of older structures no longer useful, serviceable or desirable in their present uses to uses permitted or conditionally permitted in this Chapter. The area standards provided in this district anticipate that such uses will be located in established areas of the City and in close proximity to apartments and other residential uses. Height, area and off-street parking regulations are designed to assure that such uses will be compatible with adjacent residential districts.
B.
New construction within the district shall be designed to reinforce existing desirable characteristics of the neighborhood properties for residential purposes. No building permit for new construction will be issued unless the Planning Coordinator has certified that in his/her judgment the plans for the structure's exterior, including finishing material, color and landscaping, are visually harmonious and compatible with surrounding land uses; the intent being to reduce the adverse impact of uncoordinated development and protect and enhance surrounding neighborhoods.
Section 405.740 Permitted Uses.
[R.O. 2009 § 17.24.020; Ord. No. 5961 §§I, XVIII, 8-25-2014; Ord. No. 6220, 4-26-2021]
A.
In District "TZ," no building or land shall be used, and no building shall hereafter be erected, constructed, reconstructed or altered except for one (1) or more of the following uses as reflected in the Transitional District "TZ" Table of Uses set out in Subsection (B) of this Section.
B.
Any downtown district, as may be designated by ordinance of the Sikeston City Council and located in whole or in part within a Transitional District "TZ," shall be subject to additional use restrictions as set forth in the Transitional District "TZ" Table of Uses below and shall be designated on City Zoning Maps as "TZ DT."
Transitional District "TZ" Table Of Permitted Uses | ||
|---|---|---|
Category/Use | "TZ" Transitional | "DT" Downtown District |
Executive, administrative and professional offices | P | P |
Medical offices, including clinics and medical laboratories | P | P |
Facilities for human care, such as convalescent and nursing home | P | P |
Cosmetics and toiletries (compounding only) | P | P |
Libraries and government office buildings and public utility offices, but not storage yards or post offices | P | P |
Private social or fraternal clubs or lodges that do not provide for the sale or consumption of alcoholic beverages | P | P |
Churches and related facilities | P | P |
Nursery schools and day-care facilities | P | P |
Photographic and interior decorating studios | P | P |
Funeral homes | P | P |
Establishments that perform personal services on the premises, such as beauty parlors and barbershops | P | P |
Facilities for private lessons in art, music and dance | P | P |
Accessory buildings or uses customarily incidental to any of the above permitted uses | P | P |
Bed and breakfast homes and bed and breakfast inns as defined in City Code Section 405.860 | P | P |
Uses not listed above, but have similar characteristics | CU | P |
Small, low-volume retail sale facilities (a) such as: | ||
Bookstores | CU | P |
Antique stores | CU | P |
Dress shops | CU | P |
Manufactured home Class A units, single-family | CU | P |
Veterinary clinics and hospitals, provided all activities are conducted within a totally and permanently enclosed building | CU | |
P — Permitted as a matter of right |
CU — May be permitted by the Board of Adjustment |
(a) This does not include businesses that prepare food or food items for take out or on-premises consumption or provides for the sale or consumption of alcoholic beverages. |
Section 405.750 Conditional Uses.
[R.O. 2009 § 17.24.030; Ord. No. 5961 §§I, XIX, 8-25-2014; Ord. No. 6220, 4-26-2021]
A.
The following uses may be permitted in District "TZ" after proper application, review and approval pursuant to the provisions of this Section and Article V, Board of Adjustment, of this Chapter:
1.
Uses not listed above, but which have similar characteristics.
2.
Small, low-volume retail sale facilities such as bookstores, antique stores or dress shops. This does not include businesses that prepare food or food items for takeout or on-premises consumption or provides for the sale or consumption of alcoholic beverages.
3.
Manufactured home Class A units, single-family.
4.
Veterinary clinics and hospitals, provided all activities are conducted within a totally and permanently enclosed building.
Section 405.760 Height and Area Regulations.
[R.O. 2009 § 17.24.040; Ord. No. 6220, 4-26-2021]
The height, yard and lot area requirements of this district shall comply with the restrictions outlined in District "R-5." Also See Reference Table 450.1, set out as Exhibit A to this Ch. 405.
Section 405.770 through Section 405.780. (Reserved) [1]
[1]
Editor's Note: Former Sections 405.770, Sign Regulations and 405.780, Required Conditions, were repealed 4-26-2021 by Ord. No. 6220
Section 405.790 Special Uses.
[R.O. 2009 § 17.24.070; Ord. No. 5432 §II, 11-2001; Ord. No. 6220, 4-26-2021]
A.
The City Council may, by resolution, after public hearing by the Planning and Zoning Commission, authorize a special permit for the location of buildings or uses in any transitional zoning district:
1.
Applications for permits shall be filed with the Director of Public Works or designee and then submitted to the Planning and Zoning Commission.
2.
A public hearing on said application shall be held before the Planning and Zoning Commission with notice and publication of the time and place to conform to the procedures prescribed for rezoning requests.
3.
A report and recommendation shall be forwarded to the City Council within forty-five (45) days of submission of the application.
4.
Said report to include the effect of such building or use upon the current Comprehensive Plan, traffic, utilities, fire hazards, the character of the neighborhood and the general welfare of the community.
5.
The City Council shall determine whether such building or use will:
7.
Any building and/or use authorized by special permit shall comply in all respects with all other applicable laws, ordinances or regulations.
8.
This permit may be held jointly, but is not transferable except where such transfer is involuntary by operation of law.
Section 405.800 (Reserved) [1]
[1]
Editor's Note: Former Section 405.800, Adult Entertainment As A Conditional Use, was repealed 4-26-2021 by Ord. No. 6220.
Section 405.810 Definitions.
[R.O. 2009 § 17.24.510; Ord. No. 6220, 4-26-2021; Ord. No. 6294, 1-30-2023]
As used in this Division, the following terms shall have these prescribed meanings:
Persons who have attained the age of eighteen (18) years.
Any business:
That has as a substantial or significant purpose in the sale or rental of merchandise that is intended for use in connection with specified sexual activities or that emphasizes matters depicting, describing or relating to specified sexual activities or specified anatomical areas; or
That as one (1) of its regular and substantial business purposes includes:
The providing of entertainment where the emphasis is on performances, live or otherwise, that depict, portray, exhibit or display specified anatomical areas or specified sexual activities; or
The providing of services that are intended to provide sexual arousal or excitement or that allow observation of specified sexual activities or specified anatomical areas ancillary to other pursuits or allow participation in specified sexual activities ancillary to other pursuits.
The definition of "adult business" also includes, but is not limited to, any and all of the following specific adult businesses as defined herein:
ADULT BOOKSTOREAn establishment having as a ten percent (10%) portion of its stock in trade books, photographs, magazines or films for sale or viewing on the premises by use of motion picture devices or other coin-operated mechanism or any other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specified sexual activities as said term is defined herein.
ADULT ENTERTAINMENT ESTABLISHMENTSAny of the establishments, businesses, buildings, structures or facilities defined in this Section.
ADULT ENTERTAINMENT FACILITYAny building, structure or facility which contains or is used entirely or partially as commercial entertainment, including theaters used for presenting live presentations, video tapes or films predominantly distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specified sexual activities and exotic dance facilities (regardless of whether the theater or facility provides a live presentation or video tape or film presentation), where the patrons either:
Engage in personal physical or visual contact with employees, devices, equipment or personnel provided by the establishment which appeals to the prurient interest of the patrons;
Observe any live presentation, video tape or film presentation of persons wholly or partially nude or with their genital or pubic regions exposed or covered only with transparent or opaque covering or in the case of female persons with the areola and nipple of the breast exposed or covered only with transparent or opaque covering; or
Are enabled to observe specified sexual activities.
ADULT RETAIL ESTABLISHMENTA business that displays or offers goods for sale or rent and that meets any of the following:
It displays or offers for sale or rent items from any of the following categories: "Sexually-oriented toys or novelties"; lingerie; clothing that graphically depicts "specified anatomical areas"; leather goods designed or marketed for use for sexual bondage or sadomasochistic practices; and the combination of such items constitutes:
Five percent (5%) or more of all inventory at any time; or
Five percent (5%) or more of the merchandise displayed for sale at any time; or
Five percent (5%) or more of the sales floor area of the business (not including storerooms, stock areas, bathrooms or any portion of the business not open to the public) at any time; or
Five percent (5%) or more of the dollar value of all merchandise displayed at any time.
BATHHOUSEAn establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the State.
MASSAGE SHOPAn establishment which has a fixed place of business having a source of income or compensation sixty percent (60%) or more of which is derived from the practice of any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or the stimulation of external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotion, ointment or other similar preparations commonly used in the practice of massage under such circumstances that it is reasonably expected that the person to whom the treatment or service is provided or some third person on his/her behalf will pay money or give any other consideration or gratuity, provided that this term shall not include any establishment operated or supervised by a medical or chiropractic practitioner or professional physical therapist licensed by the State of Missouri.
MODELING STUDIOAn establishment or business which provides for a fee or compensation the services of models on the premises for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise. This does not apply to certified State-licensed (by the State of Missouri) public or private schools where persons are enrolled in classes.
Instruments, devices or paraphernalia which either depict "specified anatomical areas" or are designed or marketed for use in connection with "specified sexual activities," or clothing that graphically depicts "specified anatomical areas" or "specified sexual activities." In determining whether an item is "designed or marketed for use" in connection with "specified sexual activities," the following guidelines may be considered:
Advertising concerning the use of the item;
Instructions, graphics or other material contained on the item itself or on the packaging materials for the item;
The physical or structural characteristics of the item;
The manner in which the item is displayed, including its proximity to other regulated merchandise or signage relating to items in a display area.
Human male or female genitals or pubic area with less than a fully opaque covering;
Human buttocks, including any portion of the anal cleft or cleavage of the male or female buttocks with less than a fully opaque covering;
The female breast or breasts below a point immediately above the top of the areola encircling the nipple with less than a fully opaque covering, or any combination of the foregoing; or
Human male genitals in a discernibly erect state, even if completely and opaquely covered.
Sexual conduct, being actual or simulated; acts of human masturbation; sexual intercourse; physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female; any sadomasochistic abuse or acts including animals; any latent object in an act of apparent sexual stimulation or gratification; or any of the following:
SEXUAL CONDUCTActs of masturbation, homosexuality, sodomy, sexual intercourse or having physical person's unclothed genitals, pubic area, buttocks or, if such person be a female, her breast;
SEXUAL EXCITEMENTThe condition of human male or female genitals when in a state of sexual stimulation or arousal; or
SADOMASOCHISTIC ABUSEFlagellation or torture by or upon a person or the condition of being fettered, bound or otherwise physically restrained.
Section 405.820 (Reserved) [1]
[1]
Editor's Note: Former Section 405.820, Conditional Use Permit Required, was repealed 4-26-2021 by Ord. No. 6220.
Section 405.830 Special Conditions.
[R.O. 2009 § 17.24.530; Ord. No. 6220, 4-26-2021; Ord. No. 6294, 1-30-2023]
A.
A conditional use permit shall be obtained for all adult-use businesses.
B.
The following conditions shall apply:
1.
Adult businesses shall not be located within one thousand (1,000) feet (305 m) of a park, school day care center, library or religious or cultural activity.
2.
Adult businesses shall not be located within five hundred (500) feet (152 m) of any other adult business or any agricultural or residential zone boundary.
3.
Such distances shall be measured in a straight line without regard to intervening structures, topography and zoning.
4.
Said business shall be located in the "C-3" Zone only on lots or parcels of land fronting on Malone or Main Streets and shall not be permitted as a home occupation.
5.
The property on which such use is located shall have a minimum of one hundred (100) feet of street frontage.
6.
All off-street parking requirements shall conform to other ordinances contained within the City Code of Sikeston, Missouri.
7.
The facility in which the use is located shall be designed in such a fashion that all openings, entries and windows prevent view into such facilities by any pedestrian and from any sidewalk, walkway, street or other public area. No adult entertainment activity shall take place partially or totally outside the structure of the adult entertainment establishment for which it is licensed.
8.
Further, no merchandise or pictures or products, services or entertainment offered or provided on the premises shall be displayed on the exterior of the building. No flashing lights and/or lighting which leaves the impression of motion or movement shall be permitted.
9.
Lighting of the parking area must be maintained and provided a minimum light level of twenty-five hundredths (0.25) foot-candles over the entire parking area; but in no point shall the light level exceed three (3.0) foot-candles, nor shall any increase in light levels or visible glare be permitted beyond the lot line.
Section 405.840 Site/Floor Plan Required.
[R.O. 2009 § 17.24.540; Ord. No. 6220, 4-26-2021[1]]
A.
Each application for a conditional use permit shall require the submission of an accompanying site plan. The site/floor plan shall include, as a minimum, the following information:
1.
The site plan shall delineate the property lines of the proposed project and shall indicate the zoning and present use of abutting properties.
2.
The site plan shall delineate existing rights-of-way and easements.
3.
The site plan shall delineate the general locations and width of all adjoining streets and public rights-of-way, such as alleys, pedestrian ways and easements.
4.
The site plan shall delineate the proposed building layout with the front, side and rear building setbacks.
5.
The site plan shall characterize the proposed usage of the building.
6.
The site plan shall delineate the location, number of parking spaces and the proposed parking and loading ratio and its location.
7.
The floor plan shall delineate all points of access and egress.
8.
The floor plan shall delineate the gross floor area of the building or structure.
9.
The site plan shall describe the landscaping to be provided.
10.
The site plan shall delineate the proposed exterior lighting in accordance with Subsection 405.830(J) above.
11.
The site plan shall indicate the signage.
12.
The site/floor plan shall set forth any other information necessary for determination of the suitability of the proposed use for the site.
13.
The site plan shall show that the measurements from the building to surrounding structures and property lines comply with this Division.
[1]
Editor's Note: Ord. No. 6220 also changed the title of this Section from "Site Plan Required" to "Site/Floor Plan Required."
Section 405.850 Penalty.
[R.O. 2009 § 17.24.550; Ord. No. 5046 §II, 2-24-1995; Ord. No. 6220, 4-26-2021]
Any person, who violates any provision of this Division shall be subject to the general penalty provided of the Sikeston Municipal Code.
Section 405.860 Definitions.
[R.O. 2009 § 17.25.010; Ord. No. 6220, 4-26-2021]
As used in this Division, the following terms shall have these prescribed meanings:
An establishment dwelling unit having not more than four (4) guest rooms where travelers for compensation are lodged for sleeping purposes with a morning meal provided. The structure must meet all necessary City building codes as adopted by the City Council.
An establishment dwelling having at least five (5) but no more than ten (10) guest rooms where travelers for compensation are lodged for sleeping purposes with a morning meal provided. This establishment may offer facilities for meetings, showers, receptions, weddings and similar activities as long as all aspects of the Municipal Code regarding health, safety and building code requirements are met. The structure must meet all necessary City building codes as adopted by the City Council and all regulations and permitting criteria of the Department of Health of the State of Missouri.
Section 405.870 Limited Use.
[R.O. 2009 § 17.25.020; Ord. No. 6220, 4-26-2021]
No bed and breakfast home or bed and breakfast inn may be maintained or operated within any residential zone. Persons wishing to maintain and operate such businesses within a transitional district shall petition the Planning and Zoning Commission for authority to do so. Such petition shall contain detailed plans including lot plans, site plans, floor plans and plans detailing plumbing, heating, sewage, water and electrical services with which the structure wherein said business is to be conducted is equipped. Said petition shall, likewise, include such permits and approvals, if any, as may be required by the Department of Health, State of Missouri. Upon receipt of said petition, plans and permits, the Commission shall publish notice of a public hearing at which said petition shall be considered, following which said Commission shall determine whether the granting of such permit is in the public interest in light of impact and effect upon the effected neighborhood. Should such determination be in the affirmative, the Commission shall recommend to the City Council the approval and licensing of such home or inn, conditional upon compliance with all State and municipal laws, to be established within commercial and industrial zones. Bed and breakfast homes and inns are allowed as a matter of right in all commercial and industrial zones.
Section 405.880 General Guidelines.
[R.O. 2009 § 17.25.030; Ord. No. 5018 § 2, 8-8-1994; Ord. No. 6220, 4-26-2021]
A.
Bed and breakfast establishments shall be registered on or before July first of each year with the City on a form provided by it. Any necessary business license shall first be obtained.
B.
No other type of occupation or profession shall be permitted within the building where a bed and breakfast establishment is located.
C.
No more than fifty percent (50%) of the livable floor area (excluding porches and eves) of a single unattached structure may be used for the conduct of a bed and breakfast establishment. An applicant shall provide a detailed floor plan of the structure showing dimensions and the specific areas within the structure to be used for bed and breakfast guests.
D.
No person who is not a member of the operator's family and who does not live at the location of the bed and breakfast may be employed in any part of its operation.
E.
No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.
F.
No additions shall be added to the residence to establish this use without petition to and approval by appropriate bodies (Planning and Zoning and City Council). Single-family character must be maintained.
G.
No guest within a bed and breakfast operation shall be domiciled thereat more than fourteen (14) days in any calendar month.
H.
Bed and breakfast homes may serve only breakfast meals to overnight guests.
I.
The operator of a bed and breakfast establishment shall require all guests therein to report their name, residence, address and driver's license and automobile registration numbers in a permanent guest register to be maintained by the operator and made available for inspection by appropriate agents of the City.
J.
Upon approval for the establishment of a bed and breakfast business, an applicant shall commence operation of said business within sixty (60) days.
Section 405.890 "C-1" Neighborhood Shopping District.
[R.O. 2009 § 17.26.010; Ord. No. 4888 § 2, 2-3-1992; Ord. No. 6220, 4-26-2021]
A.
General Description. This commercial district is for the conduct of retail trade and personal enterprises to meet the regular needs and for the convenience of the people of the adjacent residential areas. Because these shops and stores may be an integral part of the neighborhood and closely associated with residential requirements for light, requirements are more restrictive than in other commercial districts.
Section 405.900 "C-2" General Commercial District.
[R.O. 2009 § 17.26.020; Ord. No. 6220, 4-26-2021]
A.
General Description. This commercial district is intended for the conduct of personal and business services and the general retail business of the community. Persons living in the community and in the surrounding trade territory require direct and frequent access. Traffic generated by the uses will be primarily passenger vehicles and only those delivery of retail goods.
B.
Uses Permitted. See Table I in Section 405.920 of this Chapter.
1.
Any downtown district, as may be designated by ordinance of the Sikeston City Council and located in whole or in part within a General Commercial "C-2" District, shall be subject to additional restrictions as set forth in Table I, Table of Uses and shall be designated on City Zoning Maps as "C-2DT."
C.
Area Regulations. Also See Reference Table 450.1, set out as Exhibit A to this Ch. 405.
Section 405.910 "C-3" Highway Commercial.
[R.O. 2009 § 17.26.030; Ord. No. 4888 § 2, 2-3-1992; Ord. No. 6220, 4-26-2021]
A.
General Description. This commercial district is for the conduct of commercial enterprises catering to the traveling public, for personal and business services, for general retail trade and for a limited number of other uses that are compatible with commercial activity. Because of the relationship of these uses to the adjacent highway and residential districts, appropriate considerations are necessary to protect the integrity of the function of the highway and to reduce the adverse impact on adjacent residential districts.
B.
Uses Permitted. See the Tables in Section 405.920 of this Chapter.
1.
Any downtown district, as may be designated by ordinance of the Sikeston City Council and located in whole or in part within a Highway Commercial "C-3" District, shall be subject to additional restrictions as set forth in Table I Table of Uses and shall be designated on City Zoning Maps as "C-3DT."
Section 405.920 Tables - Use, Height and Area Regulations.
[R.O. 2009 § 17.26.040; Ord. No. 5961 §§I, XX, 8-25-2014; Ord. No. 6158, 7-29-2019; Ord. No. 6187, 5-4-2020; Ord. No. 6195, 5-4-2020; Ord. No. 6220, 4-26-2021]
A.
Table I — Uses. The uses provided for in the "C-1" Neighborhood Shopping, the "C-2" General Commercial and the "C-3" Highway Commercial Districts are set forth in the table below. Where the letter "P" appears on the line of a use and in the column of a district, the listed use is permitted as a matter of right. Where the letters "CU" appears on the line of a use and in the column of a district, the listed use may be permitted by the Board of Adjustment as provided in Article V of this Chapter. In both cases, all uses shall be in compliance with all applicable provisions of this zoning ordinance and the Code of the City of Sikeston. Also See Reference Table 450.1, set out as Exhibit A to this Ch. 405.
[Ord. No. 6294, 1-30-2023; Ord. No. 6295, 1-30-2023]
Table I. Permitted Uses | ||||
|---|---|---|---|---|
A | B | |||
CATEGORY USE | Zoning District — Conditional Or Permitted Use "C-1," "C-2, "C-3," "DT" | |||
P = Permitted as a matter of right CU = May be permitted by the Board of Adjustment | "C-1" Neighborhood | "C-2" General | "C-3" Highway | "DT" Downtown District |
Residential | ||||
Any use permitted in any residential district | P | P | P | P |
Any use permitted on review in any residential district (a) | P | P | P | P |
Commercial, miscellaneous (b)(c) | ||||
Adult use, by license only (f) | CU | |||
Alcohol sales | CU | P | P | P |
Antique shop | P | P | P | P |
Appliance shop | P | P | P | |
Arts school, gallery or museum | P | P | P | P |
Artists materials, supply studio | P | P | P | P |
Automobile parking lot | P | P | P | P |
Automobile service station | CU | P | P | |
Automobile repair, minor in conjunction with a service station | CU | P | P | |
Baby shop | P | P | P | P |
Bakery goods store | P | P | P | P |
Bank | P | P | P | P |
Barbershop | P | P | P | P |
Beauty shop | P | P | P | P |
Book or stationery store | P | P | P | P |
Camera shop | P | P | P | P |
Candy store | P | P | P | P |
Catering establishment | P | P | P | P |
Curio or gift shop | P | P | P | P |
Drug shop or fountain | P | P | P | P |
Dry goods store | P | P | P | P |
Dairy products or ice cream store | P | P | P | P |
Delicatessen | P | P | P | P |
Dress shop | P | P | P | P |
Fireworks sales | P | P | ||
Florist shop, greenhouse, nursery | P | P | P | P |
Furniture store | P | P | P | |
Funeral Home/Mortuary | P | P | P | P |
Grocery store, quick shop | P | P | P | P |
Hardware store | P | P | P | |
Jewelry or notion store | P | P | P | P |
Lodge hall | P | P | P | |
Machine shop | P | P | P | |
Meat market | P | P | P | P |
Medical facility (g) | P | P | P | P |
Marijuana dispensaries, including microbusiness dispensaries (h) | P | P | ||
Messenger or telegraph service | P | P | P | P |
Musical instrument sales | P | P | P | P |
Office business | P | P | P | P |
Optometrist sales and service | P | P | P | P |
Photographer sales and service | P | P | P | P |
Restaurant, conventional | P | P | P | |
Self-service laundry or dry cleaning | CU | P | P | P |
Sewing machine sales, instruction | P | P | P | |
Sporting goods sales | P | P | P | |
Shoe repair shop | CU | P | P | P |
Tailor shop | P | P | P | P |
Toy store | P | P | P | |
Variety store | P | P | P | |
Name plate and sign relating to the use of the store and premises or to products on the premises | P | P | P | |
Accessory buildings and uses customarily incidental to the above uses | P | P | P | |
Frozen food locker | P | P | P | |
Kennel | CU | CU | ||
Laboratories, testing | P | P | ||
Laboratories, research | P | P | ||
Printing, publishing, and allied industries | P | P | P | |
Veterinary clinic for small animals all within enclosed structures (e) | P | P | ||
Open Display Commercial (d) | ||||
Boat sales, service and minor repair | P | P | ||
Farm implement and machinery, new and used sales | P | P | ||
Metal and wood fencing, ornamental grillwork and decorative wrought iron work and play equipment sales | P | P | ||
Mobile home and travel trailer sales | P | P | ||
Monument sales | P | P | ||
New and used automobile sales | P | P | ||
Prefabricated house sales | P | P | ||
Trailers for hauling, rental and sales | P | P | ||
Wholesale Trade | ||||
Motor vehicles and automotive equipment | P | P | ||
Drugs and allied products | P | P | CU | |
Piece goods, notions, apparel | P | |||
Groceries and related products | P | P | P | |
Electrical goods | P | P | P | |
Hardware, plumbing and heating equipment and supplies | P | P | P | |
Machinery equipment and supplies | P | P | ||
Retail Trade | ||||
Building materials, hardware and farm equipment dealers | P | P | P | |
General merchandise | P | P | P | |
Automobile dealers | P | P | ||
Apparel and accessory stores | P | P | P | |
Furniture, home furnishings and equipment sales | P | P | P | |
Eating Places | P | P | P | |
Drinking places | ||||
Bars/taverns | P | P | P | |
Beer gardens | P | P | P | |
Private clubs | P | P | P | |
Nightclubs | P | P | ||
Miscellaneous retail stores | CU | P | P | |
Finance, Insurance and Real Estate | ||||
Banking | P | P | P | P |
Credit agencies, other than banks | P | P | P | P |
Security and commodity brokers, dealers, exchanges and services | P | P | P | P |
Insurance carriers | P | P | P | P |
Insurance agents, brokers and services | P | P | P | P |
Real estate | P | P | P | P |
Holding and other investment companies | P | P | P | P |
Services | ||||
Hotels, tourist courts and motels | CU | P | P | P |
Rooming and boarding houses | P | P | P | P |
Personal services | CU | P | P | P |
Miscellaneous business services | CU | P | P | |
Automobile repair, automobile services, garages | P | P | ||
Miscellaneous repair services | CU | P | P | |
Motion pictures | P | P | P | |
Amusement and recreation services except motion pictures | P | P | P | |
Medical and other health services | P | P | P | P |
Legal services | P | P | P | P |
Educational services | P | P | P | P |
Museums and art galleries | P | P | P | P |
Non-profit membership organizations | P | P | P | P |
Miscellaneous services | CU | P | P | |
Transportation, Communication, Electric, Gas and Sanitary Services | ||||
Railroad transportation | P | P | P | |
Local and suburban transit and interurban highway passenger transportation | P | P | P | |
Motor freight transportation and warehousing | P | P | ||
Arrangement of transportation | P | P | P | |
Communication | P | P | P | |
Electric, gas and sanitary services | P | P | P | |
Accessory (DT) | ||||
Buildings, structures and uses incidental to any of the above uses, provided that there shall be no manufacture, processing or compounding of products other than those expressly permitted except those that are customarily incidental and essential to commercial establishments | P | P | ||
(a) | Include all uses listed as permitted or conditional uses in a residential district, except the provision for Class A manufactured housing shall remain in a conditional use. | |
(b) | Retail stores and shops which do not exceed seven thousand (7,000) square feet of gross floor area per floor and which supply the regular customary needs of the residents of the neighborhood and which are primarily for their convenience. | |
(c) | In the "C-1" Neighborhood Shopping District, a building used for any of the uses enumerated in this category may not have more than forty percent (40%) of its floor area devoted to purposes incidental to the primary use. No material or goods offered for sale or stored in connection with the uses of this category shall be displayed or stored outside of a building. | |
(d) | The uses enumerated in this category shall comply with the following provisions: | |
(1) | All servicing of vehicles carried on as an incidental part of the sales operation shall be conducted within a completely enclosed building. | |
(2) | Driveways used for ingress and egress shall be a minimum of twenty-five (25) feet in width, exclusive of curb returns. | |
(3) | Outdoor lighting, when provided, shall have an arrangement of reflectors and an intensity of lighting which will not interfere with adjacent land uses or the use of adjacent streets and shall not be of the flashing or intermittent type. | |
(e) | Subject to regulations and laws of the State of Missouri and the City of Sikeston. | |
(f) | Adult businesses shall not be allowed located within one thousand (1,000) feet of a park, school, daycare center, library or religious or cultural activity, and shall not be located within five hundred (500) feet of any other adult business or any agricultural or residential zone boundary. [Ord. No. 6307, 5-22-2023] | |
(g) | Drug and alcohol residential or outpatient treatment facilities may be permitted in "C-2" and "C-3" Commercial Districts as a conditional use subject to the following conditions and success: | |
(1) | An application must be submitted to the City Manager specifying the location of intended use, number of occupants (not to exceed (4)), number of staff (sufficient to provide adequate supervision), proposed design of structure must reasonably conform to the exterior appearance of dwellings in the vicinity and compliance with Missouri State Statute governing the operations of such facility. | |
(2) | The proposed facility, either new or existing structure, must conform to current building codes of the City of Sikeston. Plans prepared by a Missouri certified architect will be required. | |
(3) | Adequate off-street parking must be provided. | |
(4) | Such facility shall not be located closer than one thousand (1,000) feet to any other similar substance abuse treatment facility. | |
(5) | After review of above-stated requirements, the City Manager will refer such application for public hearing to the City Planning and Zoning Commission for their consideration, review and recommendations. | |
(6) | The Planning Commission will forward a recommendation to the City Council on the application for their action. | |
(7) | The City Planner will issue or deny building permit for the application dependent upon Council action. | |
(h) | As to regulations regarding marijuana dispensaries, see Section 405.1490 of this Chapter. | |
B.
Yard Setback Requirements. All buildings and structures in the "C-1" Neighborhood Shopping District, the "C-2" General Commercial and the "C-3" Highway Commercial Districts shall be set back from the centerline of State and Federal highways and lot lines to comply with the following yard requirements. (See Article VIII, Height and Area Exceptions.)
Table II. Yard Setback Requirements | |||
|---|---|---|---|
Minimum Yards | "C-1" Neighborhood | "C-2" General | "C-3" Highway |
Front yard depth | |||
Major road (a) | 25 feet | The greater of 75 feet from centerline or 25 feet from lot line | |
Minor road (b) | 25 feet | 25 feet | |
Side yard (c) | 10 feet | ||
Rear yard | 25 feet | ||
(a) | State or Federal highway. |
(b) | All public streets and roads other than a State or Federal highway. |
(c) | Ten (10) feet or twelve and one-half percent (12 1/2%) of the width of the lot, whichever is less. |
C.
Intensity Of Use, Lot Width, Coverage And Height Regulations. Uses and lots in the "C-1" Neighborhood Shopping, "C-2" General Commercial and "C-3" Highway Commercial Districts, other than those uses and lots regulated by reference to the mandated requirements of the Residential District, shall comply with the following requirements:
Table III. Intensity of Use, Lot Width, Coverage and Height Regulations | |||
|---|---|---|---|
Item | "C-1" Neighborhood | "C-2" General | "C-3" Highway |
Area minimum | Adequate to provide yards and parking as required (a) | ||
Lot width, minimum | |||
Coverage, Maximum (b) | |||
Stories | 2 1/2 | ||
Feet | 35 | 45 | 45 |
Section 405.930 Purpose.
[R.O. 2009 § 17.27.010; Ord. No. 6220, 4-26-2021[1]]
Office district zoning will provide additional commercial opportunities but be more restrictive than present commercial districts.
[1]
Editor's Note: Ord. No. 6220 also changed the title of this Article from "Office District Zoning "O-1" to "Office District Zoning "O.""
Section 405.940 Generally - Office District Zoning "O."
[R.O. 2009 § 17.27.020; Ord. No. 6220, 4-26-2021]
The regulations set forth in this Section or set forth elsewhere in this Chapter, when referred to in this Section, are the regulations of the "O" Office District zoning. The purpose of the "O" Office District zoning is to provide adequate space in appropriate locations suitable for accommodating medical, dental and similar service, as well as professional offices. Bulk limitations are designed to provide maximum compatibility with less intensive land use in adjacent residential districts and with more intensive land use in adjacent commercial districts.
Section 405.950 Use Regulations.
[R.O. 2009 § 17.27.030; Ord. No. 6220, 4-26-2021]
A.
A building or premises shall be used only for the following purposes:
1.
Professional services and offices, including medical, dental and other health-related services; legal, engineering, surveying, architectural; research, accounting and planning services.
2.
Finance, insurance and real estate services and offices, including banking and saving and loan institutions, credit services, security and commodity brokers and dealers, insurance carriers, agents, brokers and services, real-estate and real-estate related activities and holding and investment services.
3.
Government services and offices, including executive, legislative and judicial functions; protective functions; post offices.
4.
Educational services and offices, including public schools or private schools having a curriculum similar to that ordinarily given in a public school, including religious instruction in parochial schools, but excluding driving education schools.
5.
Churches and similar places of worship, including religious Sunday school buildings.
6.
Publicly owned or operated parks, playgrounds, community building, museums, libraries or art galleries and municipal facilities, including Police and Fire stations.
7.
Child or day care centers or nursery schools.
8.
Gymnasiums and multi-purpose recreational facilities typically associated and appurtenant to public or private schools, churches or similar places of worship.
9.
Restaurants, cafeterias, gift shops, magazine stands, drugstores and medical prescriptions centers will be permitted, provided they are operated as an accessory use to and located within a permitted use of the "O" (Office District) zoning and, further, provided, that any advertising of such sales shall be confined to the interior of the building and shall not be visible from the outside of such building.
10.
Any other type of business, institutional, governmental, professional or medical use not specifically permitted herein, when authorized by the City Council after receipt of review and recommendations from the Planning and Zoning Commission and only when consistent with the intent and purpose of the "O" (Office District) zoning regulations.
11.
Accessory buildings and accessory uses customarily incidental to the above uses, subject to the restrictions established in the City Municipal Code.
Section 405.960 through Section 405.970. (Reserved) [1]
[1]
Editor's Note: Former Sections 405.960, Signage and 405.970, Access, Parking and Loading Regulations, were repealed 4-26-2021 by Ord. No. 6220.
Section 405.980 Height, Area and Lot Size Regulations. [1]
[R.O. 2009 § 17.27.060; Ord. No. 6220, 4-26-2021]
A.
The maximum height of buildings permitted shall be as follows:
B.
Area. No building or structures shall be erected or enlarged, unless the following yards are provided and maintained in connection with such building, structure or enlargement for each lot:
1.
Front Yard. Each lot upon which a building is constructed shall have a front yard of not less than thirty (30) feet.
2.
Side Yard. Each lot upon which a building is constructed shall have a side yard of not less than twelve and one-half percent (12.5%) of the width of the lot.
3.
Rear Yard. Each lot upon which a building is constructed shall have a rear yard of not less than twenty-five (25) feet.
C.
Lot Size. The minimum lot size permitted shall be as follows:
1.
All uses shall be on a lot having an area of not less than fifteen thousand (15,000) square feet and a width at the front lot line of not less than one hundred (100) feet.
2.
The maximum lot size permitted shall be two (2) acres or four (4) acres as required These area requirements and restrictions apply to each lot regardless of the number of lots owned or used.
Any exceptions to these regulations may be authorized by the City Council after receipt, review and recommendations of the Planning and Zoning Commission and only if consistent with the overall intent and purpose of these regulations.
Section 405.990 Floor Area.
[R.O. 2009 § 17.27.070; Ord. No. 6220, 4-26-2021]
In the "O" Office District zoning, a building used for any of the uses enumerated in this Chapter may not have more than forty percent (40%) of its floor area devoted to purposes incidental to the primary use. No material or goods offered for sale or stored in connection with the uses of this category shall be displayed or stored outside of a building.
Section 405.1000 (Reserved) [1]
[1]
Editor's Note: Former Section 405.1000, Driveways, was repealed 4-26-2021 by Ord. No. 6220.
Section 405.1010 Outdoor Lighting.
[R.O. 2009 § 17.27.090; Ord. No. 5522 §II, 11-2-2002; Ord. No. 6220, 4-26-2021]
Outdoor lighting, when provided, shall have an arrangement of reflectors and an intensity of lighting which will not interfere with adjacent land uses or the use of adjacent streets and shall not be of the flashing or intermittent type.
Section 405.1020 through Section 405.1100. (Reserved) [1]
[1]
Editor's Note: Former Division 13, Office District Zoning "O-2," containing Section 405.1020 through 405.1100, was repealed 4-26-2021 by Ord. No. 6220.
Section 405.1110 "IL" Light Industrial District.
[R.O. 2009 § 17.28.010; Ord. No. 6220, 4-26-2021]
A.
General Description. This industrial district is to provide wholesale and retail trade, service industries and light industries that manufacture, process, store and distribute goods and materials and are, in general, dependent on raw materials refined elsewhere; and the manufacture, compounding, processing, packaging or treatment of products specified in the uses permitted tables that follow.
B.
Uses Permitted.
2.
Any Downtown District, as may be designated by ordinance of the Sikeston City Council and located in whole or in part within a Light Industrial District (IL), shall be subject to additional restrictions as set forth in Table I, Table of Uses and shall be designated on City Zoning Maps as "IL DT."
C.
Area Regulations. Also See Reference Table 450.1, set out as Exhibit A to this Ch. 405.
Section 405.1120 "IH" Heavy Industrial District.
[R.O. 2009 § 17.28.020; Ord. No. 6220, 4-26-2021]
A.
General Description. This industrial district provides for the manufacture, compounding, processing, packaging or treatment of the products when not in conflict with any Missouri Statute or ordinance of this City, that regulate nuisances and are not noxious or offensive by reason of vibration, noise, odor, dust, smoke, gas or otherwise.
E.
The following standards and norms shall govern the operation of existing junkyards, salvage yards, wreck yards and/or automobile graveyards and shall apply to any said yards proposed or established in the future with reference to Sections 226.650 to 226.720; RSMo.:
[Ord. No. 6338, 3-4-2024]
1.
All junkyards, salvage yards, wreck yards and/or automobile graveyards shall be enclosed by a tight board fence or other screening fence. Contents of the yard must not be visible from any Federal or State highway or streets of the City.
2.
Fences shall be no less than eight (8) feet in height.
3.
All structures and fences shall be submitted with drawings stamped by a licensed Missouri architect or engineer accompanied by a site layout to the Community Development Department for approval. Depending on the extent of work a land disturbance permit and/or stormwater pollution prevention plan (SWPPP) may be required before permitting.
4.
A conditional use permit must be approved through the Planning and Zoning Commission with final approval by the City Council for this type of business.
5.
All yards are not permitted to have open burning as part of the operation.
6.
All yards shall be well maintained including fencing panels must not be in a state of disrepair, all grass and noxious weeds or other unsightly conditions be abated and not become a nuisance to the adjacent areas or along any Federal or State highway or streets of the City or right-of-way.
7.
All yards shall be operated in a manner consistent with all Federal and State laws as well as City ordinances.
Section 405.1130 Tables - Use, Height and Area Regulations.
[R.O. 2009 § 17.28.030; Ord. No. 6055, 5-1-2017; Ord. No. 6158, 7-29-2019; Ord. No. 6164, 9-30-2019; Ord. No. 6220, 4-26-2021]
A.
Table I — Uses The use provided for in the "IL" Light Industrial and "IH" Heavy Industrial Districts are set forth in the table below. Where the letter "P" appears on the line of a use and in the column of a district, the listed use is permitted as a matter of right. Where the letters "CU" appears on the line of a use and in the column of a district, the listed use may be permitted by the City Council pursuant to the provisions of Sections 405.390 — 405.420 of this regulation. Also See Reference Table 450.1, set out as Exhibit A to this Ch. 405.
[Ord. No. 6295, 1-30-2023]
Table Of Uses | |||
|---|---|---|---|
P = Permitted as a matter of right | |||
CU = May be permitted by the Board of Adjustment | |||
NA = Not allowed | |||
Category Use | "IL" Light Industrial | "IH" Heavy Industrial | "DT" Downtown District |
Residential | |||
Any use permitted in any residential district | CU | NA | NA |
Any use permitted on review in any residential district | CU | NA | NA |
Chemical and Allied Products | |||
Cosmetics and toiletries (compounding only) | P | P | NA |
Ice manufacture, including dry ice | P | P | NA |
Ink manufacture (mixing only) | P | P | NA |
Insecticides, fungicides, disinfectants and related industrial and household chemical compounds (blending only) | P | P | NA |
Marijuana cultivation facility (See Section 405.1490 for regulations) | NA | P | NA |
Perfumes and perfumed soap (compounding only) | P | P | NA |
Pharmaceutical products | P | P | NA |
Soap, washing or cleaning, powder or soda (compounding only) | P | P | NA |
Food Beverage and Products | |||
Chewing gum manufacture | P | P | NA |
Chocolate, cocoa and cocoa products, processing and packaging only | P | P | NA |
Coffee, tea and spices, processing and canning only | P | P | NA |
Fruit and vegetable processing (including canning, preserving, drying and freezing) | P | P | NA |
Gelatin products | P | P | NA |
Glucose and dextrine products | P | P | NA |
Macaroni and noodle manufacture | P | P | NA |
Meat products, packaging and processing (no slaughtering) | P | P | NA |
Marijuana dispensaries, including microbusiness dispensaries (See Section 405.1490 for regulations) | P | P | NA |
Marijuana-infused products manufacturing facility (See Section 405.1490 for regulations) | P | P | NA |
Marijuana microbusiness wholesale facility (See Section 405.1490 for regulations) | P | P | NA |
Marijuana testing facility (See Section 405.1490 for regulations) | P | P | NA |
Oleo margarine (compounding and packaging only) | P | P | NA |
Poultry packing | P | P | NA |
Metals and Metal Products | |||
Automobile, truck, trailer, motorcycle and bicycle assembly | P | P | NA |
Boat manufacture (vessels less than five (5) tons) | P | P | NA |
Container (metal) | P | P | NA |
Fasteners (metal) manufacture | P | P | NA |
Foundry products manufacture (electrical only) | P | P | NA |
Iron (ornamental only) fabrication | P | P | NA |
Plating, electrolytic process | P | P | NA |
Sheet metal products manufacture | P | P | NA |
Silverware and plated ware | P | P | NA |
Tool, die, gauge and machine shops | P | P | NA |
Vitreous enameled products | P | P | NA |
Textiles, Bedding and Fibers | |||
Hat bodies of fur and wool felt (including men's hats), manufacture | P | P | NA |
Knitting, weaving, printing, finishing of textiles and fibers into fabric goods | P | P | NA |
Rubber and synthetic treated fabrics (excluding all rubber and synthetic processing) | P | P | NA |
Yarn, threads and cordage | P | P | NA |
Clothing manufacture | P | P | NA |
Wood and Paper Products | |||
Basket and hamper (wood, reed, rattan, etc.) | P | P | NA |
Pencil manufacture | P | P | NA |
Shipping container (corrugated board, fiber or wire bound) | P | P | NA |
Veneer manufacture | P | P | NA |
Unclassified Uses | |||
Animal pound | P | P | NA |
Animal, poultry and bird raising, commercial | P | P | NA |
Bulk storage of petroleum products for a local distribution as distinguished from a petroleum products terminal for extensive storage and regional distributing purposes | P | P | NA |
Button manufacture | P | P | NA |
Carbon paper and inked ribbons manufacture | P | P | NA |
Cigar and cigarette manufacture | P | P | NA |
Coal and coke storage and sales | P | P | NA |
Contractor's shop and storage yard | P | P | NA |
Exposition building | P | P | NA |
Fairgrounds | P | P | NA |
Fur finishing (but not including a tanning operation) | P | P | NA |
Industrial vocations training school, including internal combustion engines | P | P | NA |
Leather goods manufacture, but not including tanning operations | P | P | NA |
Motion picture production | P | P | NA |
P | P | NA | |
Chemical, Petroleum, Coal and Allied Products | |||
Adhesives | P | P | NA |
Alcohol, industrial | P | P | NA |
Bleaching | P | P | NA |
Bluing | P | P | NA |
Calcimine | P | P | NA |
Candles | P | P | NA |
Cleaning and polishing preparation (non-soap dressing and blackings) | P | P | NA |
Dye-stuff | P | P | NA |
Essential oils | P | P | NA |
Exterminating agents and poisons | P | P | NA |
Fertilizers (non-organic) | P | P | NA |
Fuel briquettes | P | P | NA |
Glue and size (vegetable) | P | P | NA |
Ink manufacture from primary raw materials (including colors and pigments) | P | P | NA |
Soap and soap products | P | P | NA |
Clay, Stone and Glass Products | |||
Abrasive wheels, stones, paper, cloth and related products | P | NA | NA |
Asbestos products | P | P | NA |
Brick, fire brick and clay products | P | P | NA |
Concrete products or central mixing and proportioning plant | P | P | NA |
Glass and glass products | P | P | NA |
Graphite and graphite products | P | P | NA |
Monument and architectural stone | P | P | NA |
Pottery and porcelain products (coal fired) | P | P | NA |
Refactories (other than coal fired) | P | P | NA |
Sand-lime products | P | P | NA |
Stone products | P | P | NA |
Wallboard and plaster, building insulation and composition flooring | P | P | NA |
Food and Beverage | |||
Casein | P | P | NA |
Chocolate and Cocoa | P | P | NA |
Cider and vinegar | P | P | NA |
Distilleries (alcoholic) breweries and alcoholic spirits | P | P | NA |
Flour, feed and grain milling or storage | P | P | NA |
Gelatin | P | P | NA |
Glucose or dextrine | P | P | NA |
Malt extracts | P | P | NA |
Meat packing | P | P | NA |
Molasses | P | P | NA |
Oil, shortening and fats (including oleo margarine) | P | P | NA |
Pickles, vegetables relish and sauces | P | P | NA |
Poultry (including slaughter) | P | P | NA |
Sauerkraut | P | P | NA |
Sugar refining | P | P | NA |
Metal and Metal Products | |||
Agriculture and farm implement manufacture | P | P | NA |
Aircraft and aircraft parts and manufacture | P | P | NA |
Aluminum extrusion, rolling, fabrication and forming | P | P | NA |
Boiler manufacture (other than welded) | P | P | NA |
Culvert manufacture | P | P | NA |
Firearms manufacture | P | P | NA |
Forge plant, pneumatic, drop and forging hammering | P | P | NA |
Foundries | P | P | NA |
Galvanizing or plating (hot dip) | P | P | NA |
Heating, ventilating, cooking and refrigeration supplies and appliances | P | P | NA |
Lead oxide | P | P | NA |
Locomotive and railroad car building and repair | P | P | NA |
Machinery manufacture | P | P | NA |
Motor testing (internal combustion motors) | P | P | NA |
Nails, brads, tacks, spikes and staples manufacture | P | P | NA |
Ore dumps and elevators | P | P | NA |
Plumbing supplies | P | P | NA |
Safe and vault manufacture | P | P | NA |
Shipyard | P | P | NA |
Stove and range manufacture | P | P | NA |
Structural iron and steel fabrication and manufacture | P | P | NA |
Tool, die, gauge and machine shops | P | P | NA |
Tool and hardware products | P | P | NA |
Trailers | P | P | NA |
Wire rope and cable | P | P | NA |
Textiles, Fibers and Bedding | |||
Bedding (mattress, pillow and quilt) manufacture | P | P | NA |
Bleachery | P | P | NA |
Carpet, rug and mat manufacture | P | P | NA |
Cordage and rope | P | P | NA |
Hair and felt products washing, curling and dyeing | P | P | NA |
Hosiery mill | P | P | NA |
Jute, hemp and sisal products | P | P | NA |
Linoleum and other hard-surfaced floor covering | P | P | NA |
Nylon | P | P | NA |
Oilcloth, oil-treated products and artificial leather | P | P | NA |
Rayon | P | P | NA |
Shoddy | P | P | NA |
Wool pulling or scouring | P | P | NA |
Wood and Paper Products | |||
Barrels | P | P | NA |
Box and crate manufacture | P | P | NA |
Carriages and wagons | P | P | NA |
Charcoal and pulverizing | P | P | NA |
Cooperage works | P | P | NA |
Excelsior | P | P | NA |
Furniture | P | P | NA |
Paper and paperboard products | P | P | NA |
Planing and millwork | P | P | NA |
Pulp goods, pressed or molded (including paper-mache products) | P | P | NA |
Sawmill (including cooperage stock mill) | P | P | NA |
Wallboard | P | P | NA |
Wood preserving treatment | P | P | NA |
Miscellaneous Industries | |||
Carbon papers and ribbons | P | P | NA |
Chewing tobacco | P | P | NA |
Leather tanning and curing | P | P | NA |
Rubber (natural and synthetic), gutta percha, chicle and balata processing | P | P | NA |
Shell grinding | P | P | NA |
Storage battery (wet cell) | P | P | NA |
Other Uses | |||
Bag cleaning | P | P | NA |
Coal pocket | P | P | NA |
Railroad yard, roundhouses, repair and overhaul shops | P | P | NA |
Oils, vegetable and animal (non-edible) and storage | P | P | NA |
Paint, lacquer, shellac and varnish (including colors and pigments, thinners and removers) | P | P | NA |
Roofing materials, building paper and felt (including asphalt and composition) | P | P | NA |
Salt tanning materials and allied products | P | P | NA |
Tar products (except distillation) | P | P | NA |
Special Permit Required | |||
Acid manufacture | NA | CU | NA |
Automobile wrecking, cars and parts, storage and sale | NA | CU | NA |
Cement, lime, gypsum or plaster of Paris manufacture | NA | CU | NA |
Distillation, manufacture or refining of bones, coal or tar asphalt | NA | CU | NA |
Explosives, manufacture or storage | NA | CU | NA |
Fat, grease, lard or tallow rendering or refining | NA | CU | NA |
Fertilizer, the manufacture or storage of fertilizer made from organic matter | NA | NA | NA |
Glue or size manufacture | NA | CU | NA |
Garbage, offal or dead animal reduction or dumping | NA | CU | NA |
Junk and salvage (metal, paper, rags, waste or glass) storage, treatment, baling | NA | CU | NA |
Paper manufacture | NA | CU | NA |
Petroleum or asphalt refining | NA | CU | NA |
Petroleum products terminal | NA | CU | NA |
Smelting of tin, copper, zinc or iron ores | NA | CU | NA |
Storage or processing raw hides or fur | NA | CU | NA |
Stockyards or slaughter of animals (except poultry) | NA | CU | NA |
B.
Table II — Yard Setback Requirements. All buildings and structures in the "IL" Industrial and "IH" Heavy Industrial Districts shall be set back from the centerline of State and Federal highways and lot lines to comply with the following yard requirements. (See Article VIII, Height and Area Exceptions.) Also See Reference Table 450.1, set out as Exhibit A to this Ch. 405.
Table II. "IL" Light Industrial and "IH" Heavy Industrial Setback Requirements | ||
|---|---|---|
Minimum yards | "IL" Light Industrial | "IH" Heavy Industrial |
Front yard depth | ||
Major road (a) | 25 feet | 40 feet |
Minor road (b) | 25 feet | 40 feet |
Side yard (see Table III) | ||
Rear yard | ||
(a) | State or Federal highway. |
(b) | All public streets and roads other than a State or Federal highway |
C.
Table III — Intensity of Use, Lot Width, and Height Regulations. Other than those uses and lots regulated by reference to the mandated requirements of the applicable Residential District, shall comply with the following requirements: Also See Reference Table 450.1, set out as Exhibit A to this Ch. 405.
Table III. Intensity of Use, Lot Width and Height Regulations | ||
|---|---|---|
Item | "IL" Light Industrial | "IH" Heavy Industrial |
Area Minimum - Adequate to provide yards and parking as required (a) | ||
Lot width, minimum | ||
Height, maximum (b) | ||
Stories | 3(b) | 8 |
Feet | 50 | 100 |
Section 405.1140 (Reserved) [1]
[1]
Editor's Note: Former Section 405.1140, Zero Line Residential, was repealed 4-26-2021 by Ord. No. 6220.
Section 405.1150 Process and Provisions For Single-Family Attached Housing.
[R.O. 2009 Ch. 17.30; Ord. No. 5327 §IV, 5-18-2000; Ord. No. 6220, 4-26-2021]
A.
Permitted use in "R-7" Condominium Residential District.
B.
Administrative review by Zoning Officer required prior to issuance of a building permit.
1.
Ownership of land (determined).
2.
Density (lot area), height and yard standards comply with standards set for the particular district and zero lot line provision.
3.
Design for common walls, duplex ("R-4") and design for entire structure three- or four-plex ("R-5") certified by architect or engineer. The walls separating the dwellings must be masonry construction providing for a two (2) hour fire-resistant rating. The center of this wall must be on the property line. The wall shall extend from its footing to two (2) feet, eight (8) inches above the roof line. The wall may terminate at the underside of the roof deck if the roof sheathing or deck is constructed of approved non-combustible materials or fire-retardant treated wood for a distance of four (4) feet on either side of the wall.
4.
Each unit will have totally independent utilities. (No common facilities)
5.
Declaration of covenants, conditions, restrictions and deeds comply with the Condominium Property Act and Uniform Condominium Act of Missouri, as amended. Certified by Missouri licensed attorney.
C.
Conversion Of Existing Structures.
Section 405.1160 (Reserved) [1]
[1]
Editor's Note: Former Section 405.1160, Planned Unit Development, was repealed 4-26-2021 by Ord. No. 6220. The Article title was not changed by the City, therefore retained in the Code to allow for future use as Planned Unit Development.