Smithville City Zoning Code
ARTICLE II
District Regulations
Section 400.090 "A-1" Agricultural District Use Regulations.
[R.O. 1991 § 400.090; Ord. No. 2865-13 § 1(Exh. A § 400.090), 4-2-2013; Ord. No. 3108-21, 6-1-2021]
A.
Intent. It is the intent of this district to preserve and protect agricultural resources. The district is not intended to serve the homeowner who lives on a small suburban lot but is designed to accommodate agricultural operations on substantial acreages. Uses that might have nuisance characteristics, if intermingled in developed residential areas, are permitted on the premise that they are no more offensive than normal agricultural uses. In "A-1" Districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this Section.
B.
Permitted Uses. The following uses shall be permitted in "A-1" Districts:
1.
Agricultural operations, including, livestock farms; apiary farms; chicken and poultry farms; dairies and dairy farms; nursery and forestry farms; grain, hay, fiber, fruit, nut, and vegetable farms; vineyards and wineries; pastures for grassland and livestock grazing. Nothing contained herein should be construed to authorize the use of land for confined animal feeding operations as defined by the State of Missouri or at a density that generates animal waste in an amount that requires waste containment structures to comply with any State regulation.
2.
Single-family dwellings.
3.
Public parks, playgrounds, tot lots or play lots.
4.
In-home daycares with five (5) or fewer children.
C.
Conditionally Permitted Uses. The following uses may be conditionally permitted provided they obtain a conditional use permit in accordance with Section 400.570 of this Code:
1.
Recreational and entertainment uses, including amphitheaters, athletic fields, campgrounds, country clubs, golf courses and driving ranges, fairgrounds, recreation centers, resorts, riding stables, swimming clubs, tennis clubs and zoos.
2.
Residential uses, including beds and breakfast; childcare centers for more than five (5) children.
3.
Religious, educational and social facilities, including museums; charities; houses of worship; colleges and universities (public and private); educational and scientific research services; libraries; schools for primary, secondary, vocation and higher education.
4.
Public health and safety facilities, including armed forces installations, armories, clinics, firehouses, health centers, hospitals and police stations.
5.
Transportation, communication and utility facilities, including electrical power stations and substations; railroad stations, depots and maintenance facilities, so long as adjacent to an existing railroad line; postal services; sewage treatment plants; telephone exchange stations and relay towers; and towers for communications transmission.
6.
Other service uses including cemeteries, pet cemeteries, funeral houses; sawmills and planing mills; storage units for indoor storage rental.
D.
Density Regulations.
E.
Height Regulations. The maximum structure height is thirty-five (35) feet for dwellings; farm structures have no height limitations.
F.
Yard Regulations.
1.
Front Yard Area.
a.
The front yard area shall be in accordance with the following road classifications:
(1)
Local: fifty-five (55) feet measured from the centerline of the street.
(2)
Collector: sixty (60) feet measured from the centerline of the street.
(3)
Arterial: seventy (70) feet measured from the centerline of the street.
(4)
Arterial with more than three (3) traffic lanes: thirty (30) feet measured from the edge of the right-of-way.
b.
Where lots have a double frontage, the required front yard shall be provided on each street.
c.
Corner lots shall maintain a front yard setback along both abutting streets. However, in those instances where lots front on only one (1) of the intersecting streets within the same block, the corner lot shall maintain a front yard setback as set out in Subsection (F)(1) above on that street upon which other lots front, and the setback on the other intersecting street may be reduced by not more than fifteen (15) feet.
d.
The buildable width of a lot of record at the time of the passage of this regulation need not be reduced to less than thirty-five (35) feet, except where necessary to provide a yard along the side street with a depth of not less than six (6) feet.
2.
Side Yard Area. The side yard area shall be not less than ten (10) feet.
3.
Rear Yard Area. The rear yard area shall be not less than twenty (20) feet.
Section 400.095 "A-R" Agricultural-Residential District Use Regulations.
[R.O. 1991 § 400.095; Ord. No. 2865-13 § 1(Exh. A § 400.095), 4-2-2013; Ord. No. 3108-21, 6-1-2021]
A.
Intent. The intent of the "A-R" District is to permit a combination of rural residential living with animal husbandry as defined in this Section. In "A-R" Districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this Section.
B.
Permitted Uses. The following uses shall be permitted in "A-R" Districts:
1.
Pastures for grassland and livestock grazing.
2.
Single-family dwellings.
3.
Animal husbandry in conjunction with a single-family dwelling and with the following limitations:
a.
Animal husbandry in conjunction with a dwelling shall include the maintenance of no more than the following number of animals per acre: one (1) horse or one (1) cow; or five (5) hogs; or seven (7) sheep; or one hundred (100) poultry, rabbits, chinchillas, guinea pigs, or pigeons. For purposes of this calculation, only the acreage above and beyond one (1) acre for any residence shall be included.
b.
The slaughter of animals, such as poultry, rabbits, or beef cattle is permitted only where intended for consumption by the resident family or to be gifted.
c.
Animals other than household pets shall not be kept within a residence, or within one hundred (100) feet of a residence or within sixty (60) feet of the front property line of the building site.
d.
Housing or caging of animals shall be adequate and sanitary, and subject to all State health requirements for health and sanitation. All animal food except for hay and straw shall be stored in rodent-proof containers.
e.
Should any "A-R" property rezoned to another use where animal husbandry is not a permitted use, any such use therein shall cease within one (1) year from the effective date of the rezoning.
4.
Public parks, playgrounds, tot lots or play lots.
5.
In-home daycares with five (5) or fewer children.
C.
Conditionally Permitted Uses. The following uses may be conditionally permitted provided they obtain a conditional use permit in accordance with Section 400.570 of this Code:
1.
Recreational and entertainment uses, including athletic fields, campgrounds, golf courses and driving ranges, riding stables, and zoos.
2.
Residential uses, including beds and breakfast; in-home daycare/childcare centers for not more than ten (10) children.
3.
Religious, educational, and social facilities, including museums; charities; accessory buildings associated with houses of worship; colleges and universities (public and private); educational and scientific research services; libraries; schools for primary, secondary, vocational and higher education.
4.
Public health and safety facilities, including armed forces installations, armories, clinics, firehouses, health centers, hospitals, and police stations.
5.
Transportation, communication, and utility facilities, including electrical power stations and substations; railroad stations, depots and maintenance facilities, so long as adjacent to an existing railroad line; postal services; sewage treatment plants; telephone exchange stations and relay towers; and towers for communications transmission.
6.
Other service uses including cemeteries, pet cemeteries, funeral houses.
D.
Density Regulations.
1.
The minimum lot area shall be not less than two (2) acres, if public sanitary sewer services are available to serve the lot, otherwise, three (3) acres.
2.
The minimum lot width shall be not less than two hundred (200) feet.
3.
Single-family dwellings shall have a minimum of one thousand one hundred (1,100) square feet of habitable floor area, excluding basements, garages, attics and other areas not designed for living space.
E.
Height Regulations. The maximum height for any structure is thirty-five (35) feet.
F.
Yard Regulations.
1.
Front Yard Area.
a.
The front yard area shall be in accordance with the following road classifications:
(1)
Local: fifty-five (55) feet measured from the centerline of the street.
(2)
Collector: sixty (60) feet measured from the centerline of the street.
(3)
Arterial: seventy (70) feet measured from the centerline of the street.
(4)
Arterial with more than three (3) traffic lanes: thirty (30) feet measured from the edge of the right-of-way.
b.
Where lots have a double frontage, the required front yard shall be provided on each street.
c.
Corner lots shall maintain a front yard setback along both abutting streets. However, in those instances where lots front on only one (1) of the intersecting streets within the same block, the corner lot shall maintain a front yard setback as set out in Subsection (F)(1) above on that street upon which other lots front, and the setback on the other intersecting street may be reduced by not more than fifteen (15) feet.
d.
The buildable width of a lot of record at the time of the passage of this regulation need not be reduced to less than thirty-five (35) feet, except where necessary to provide a yard along the side street with a depth of not less than six (6) feet.
2.
Side Yard Area. The side yard area shall be not less than ten (10) feet.
3.
Rear Yard Area. The rear yard area shall be not less than twenty (20) feet.
Section 400.100 "R-1A" Single-Family Suburban Dwelling District Use Regulations.
[R.O. 1991 § 400.100; Ord. No. 2865-13 § 1(Exh. A § 400.100), 4-2-2013; Ord. No. 3108-21, 6-1-2021]
A.
Intent. The intent of this district is to provide for areas of single-family suburban residential development at a low density. In "R-1A" Districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this Section.
B.
C.
Conditionally Permitted Uses. The following uses may be conditionally permitted provided they obtain a conditional use permit in accordance with Section 400.570 of this Code:
D.
Density Regulations.
1.
The minimum lot area shall be ten thousand (10,000) square feet.
2.
The minimum lot width shall be one hundred (100) feet.
3.
The maximum lot coverage shall be thirty percent (30%) of the total lot area.
4.
Single-family dwellings shall have a minimum of one thousand one hundred (1,100) square feet of habitable floor area, excluding basements, garages, attics and other areas not designed for living space.
E.
Height Regulations. The maximum structure height shall be thirty-five (35) feet.
F.
Yard Regulations.
1.
Front Yard Area.
a.
The front yard area shall be in accordance with the following road classifications:
(1)
Local: fifty-five (55) feet measured from the centerline of the street.
(2)
Collector: sixty (60) feet measured from the centerline of the street.
(3)
Arterial: seventy (70) feet measured from the centerline of the street.
(4)
Arterial with more than three (3) traffic lanes: thirty (30) feet measured from the edge of the right-of-way.
b.
Where lots have a double frontage, the required front yard shall be provided on each street.
c.
Corner lots shall maintain a front yard setback along both abutting streets. However, in those instances where lots front on only one (1) of the intersecting streets within the same block, the corner lot shall maintain a front yard setback as set out in Subsection (F)(1) above on that street upon which other lots front, and the setback on the other intersecting street may be reduced by not more than fifteen (15) feet.
d.
The buildable width of a lot of record at the time of the passage of this regulation need not be reduced to less than thirty-five (35) feet, except where necessary to provide a yard along the side street with a depth of not less than six (6) feet.
2.
Side Yard Area. The side yard area shall be not less than seven and one-half (7.5) feet.
3.
Rear Yard Area. The rear yard area shall be not less than twenty (20) feet.
Section 400.110 "R-1B" Single-Family Dwelling District Use Regulations.
[R.O. 1991 § 400.110; Ord. No. 2865-13 § 1(Exh. A § 400.110), 4-2-2013; Ord. No. 3108-21, 6-1-2021]
A.
Intent. The intent of this district is to provide for areas of single-family suburban residential development at a moderate density. In "R-1B" Districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this Section.
B.
C.
Conditionally Permitted Uses. The following uses may be conditionally permitted provided they obtain a conditional use permit in accordance with Section 400.570 of this Code:
D.
Density Regulations.
1.
The minimum lot area shall be seven thousand five hundred (7,500) square feet.
2.
The minimum lot width shall be seventy-five (75) feet.
3.
The maximum lot coverage shall be thirty percent (30%) of the total lot area.
4.
Single-family dwellings shall have a minimum of one thousand one hundred (1,100) square feet of habitable floor area, excluding basements, garages, attics and other areas not designed for living space.
E.
Height Regulations. The maximum height shall be thirty-five (35) feet.
F.
Yard Regulations.
1.
Front Yard Area.
a.
The front yard area shall be in accordance with the following road classifications:
(1)
Local: fifty-five (55) feet measured from the centerline of the street.
(2)
Collector: sixty (60) feet measured from the centerline of the street.
(3)
Arterial: seventy (70) feet measured from the centerline of the street.
(4)
Arterial with more than three (3) traffic lanes: thirty (30) feet measured from the edge of the right-of-way.
b.
Where lots have a double frontage, the required front yard shall be provided on each street.
c.
Corner lots shall maintain a front yard setback along both abutting streets. However, in those instances where lots front on only one (1) of the intersecting streets within the same block, the corner lot shall maintain a front yard setback as set out in Subsection (F)(1) above on that street upon which other lots front, and the setback on the other intersecting street may be reduced by not more than fifteen (15) feet.
d.
The buildable width of a lot of record at the time of the passage of this regulation need not be reduced to less than thirty-five (35) feet, except where necessary to provide a yard along the side street with a depth of not less than six (6) feet.
2.
Side Yard Area. The side yard area shall be not less than seven and one-half (7.5) feet.
3.
Rear Yard Area. The rear yard area shall be not less than twenty (20) feet.
Section 400.115 "R-1C" Single-Family Urban Dwelling District.
[Ord. No. 3108-21, 6-1-2021]
A.
Intent. The intent of this district is to provide for areas of single-family residential development at a medium density. In "R-1C" Districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this Section.
B.
C.
Conditionally Permitted Uses. The following uses may be conditionally permitted provided they obtain a conditional use permit in accordance with Section 400.570 of this Code:
D.
Density Regulations.
1.
The minimum lot area shall be six thousand (6,000) square feet.
2.
The minimum lot width shall be sixty (60) feet.
3.
The maximum lot coverage shall be thirty percent (30%) of the total lot area.
4.
Single-family dwellings shall have a minimum of one thousand one hundred (1,100) square feet of habitable floor area, excluding basements, garages, attics, and other areas not designed for living space.
E.
Height Regulations. The maximum height shall be thirty-five (35) feet.
F.
Yard Regulations.
1.
Front Yard Area.
a.
The front yard area shall be in accordance with the following road classifications:
(1)
Local: fifty-five (55) feet measured from the centerline of the street.
(2)
Collector: sixty (60) feet measured from the centerline of the street.
(3)
Arterial: seventy (70) feet measured from the centerline of the street.
(4)
Arterial with more than three (3) traffic lanes: thirty (30) feet measured from the edge of the right-of-way.
b.
Where lots have a double frontage, the required front yard shall be provided on each street unless the subdivision plat indicates otherwise.
c.
Corner lots shall maintain a front yard setback along both abutting streets. However, in those instances where lots front on only one (1) of the intersecting streets within the same block, the corner lot shall maintain a front yard setback as set out in Subsection (F)(1) above on that street upon which other lots front, and the setback on the other intersecting street may be reduced by not more than fifteen (15) feet.
d.
The buildable width of a lot of record at the time of the passage of this regulation need not be reduced to less than thirty-five (35) feet, except where necessary to provide a yard along the side street with a depth of not less than six (6) feet.
2.
Side Yard Area. The side yard area shall be not less than six (6) feet.
3.
Rear Yard Area. The rear yard area shall be not less than twenty (20) feet.
Section 400.120 "R-1D" Single-Family Small Lot Dwelling District Use Regulations.
[R.O. 1991 § 400.120; Ord. No. 2865-13 § 1(Exh. A § 400.120), 4-2-2013; Ord. No. 3108-21, 6-1-2021[1]]
A.
Intent. The intent of this district is to provide for areas of single-family residential development at a medium density. In "R-1D" Districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this Section.
B.
C.
Conditionally Permitted Uses. The following uses may be conditionally permitted provided they obtain a conditional use permit in accordance with Section 400.570 of this Code:
D.
Density Regulations.
1.
The minimum lot area shall be five thousand (5,000) square feet.
2.
The minimum lot width shall be fifty (50) feet.
3.
The maximum lot coverage shall be thirty percent (30%) of the total lot area.
4.
Single-family dwellings shall have a minimum of one thousand one hundred (1,100) square feet of habitable floor area, excluding basements, garages, attics, and other areas not designed for living space.
E.
Height Regulations. The maximum height shall be thirty-five (35) feet.
F.
Yard Regulations.
1.
Front Yard Area.
a.
The front yard area shall be in accordance with the following road classifications:
(1)
Local: fifty-five (55) feet measured from the centerline of the street.
(2)
Collector: sixty (60) feet measured from the centerline of the street.
(3)
Arterial: seventy (70) feet measured from the centerline of the street.
(4)
Arterial with more than three (3) traffic lanes: thirty (30) feet measured from the edge of the right-of-way.
b.
Where lots have a double frontage, the required front yard shall be provided on each street unless the subdivision plat indicates otherwise.
c.
Corner lots shall maintain a front yard setback along both abutting streets. However, in those instances where lots front on only one (1) of the intersecting streets within the same block, the corner lot shall maintain a front yard setback as set out in Subsection (F)(1) above on that street upon which other lots front, and the setback on the other intersecting street may be reduced by not more than fifteen (15) feet.
d.
The buildable width of a lot of record at the time of the passage of this regulation need not be reduced to less than thirty-five (35) feet, except where necessary to provide a yard along the side street with a depth of not less than six (6) feet.
2.
Side Yard Area. The side yard area shall be not less than five (5) feet.
3.
Rear Yard Area. The rear yard area shall be not less than twenty (20) feet.
[1]
Editor's Note: Ord. No. 3108-21 also changed the title of this Section from ""R-1D" Mobile Or Manufactured Dwelling District Use Regulations" to ""R-1D" Single-Family Small Lot Dwelling District Use Regulations."
Section 400.125 "R-1M" Mobile Or Manufactured Dwelling District Use Regulations.
[Ord. No. 3108-21, 6-1-2021]
A.
Intent. The intent of this district is to provide low to moderate density developments for mobile and manufactured dwelling units which are compatible with the character of the surrounding neighborhood in which they are located. In "R-1M" Districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this Section.
B.
C.
Conditionally Permitted Uses. The following uses may be conditionally permitted provided they obtain a conditional use permit in accordance with Section 400.570 of this Code:
E.
Height Regulations. The maximum building height shall be thirty-five (35) feet.
F.
Yard Regulations.
1.
Front Yard Area.
a.
The front yard area shall be in accordance with the following road classifications:
(1)
Local: fifty-five (55) feet measured from the centerline of the street.
(2)
Collector: sixty (60) feet measured from the centerline of the street.
(3)
Arterial: seventy (70) feet measured from the centerline of the street.
(4)
Arterial with more than three (3) traffic lanes: thirty (30) feet measured from the edge of the right-of-way.
b.
Where lots have a double frontage, the required front yard shall be provided on each street.
c.
Corner lots shall maintain a front yard setback along both abutting streets. However, in those instances where lots front on only one (1) of the intersecting streets within the same block, the corner lot shall maintain a front yard setback as set out in Subsection (F)(1) above on that street upon which other lots front, and the setback on the other intersecting street may be reduced by not more than fifteen (15) feet.
d.
The buildable width of a lot of record at the time of the passage of this regulation need not be reduced to less than thirty-five (35) feet, except where necessary to provide a yard along the side street with a depth of not less than six (6) feet.
2.
Side Yard Area. The side yard area shall be not less than seven and one-half (7.5) feet.
3.
Rear Yard Area. The rear yard area shall be not less than twenty (20) feet.
Section 400.130 "R-2" Two-Family Dwelling District Use Regulations.
[R.O. 1991 § 400.130; Ord. No. 2865-13 § 1(Exh. A § 400.130), 4-2-2013; Ord. No. 3108-21, 6-1-2021]
A.
Intent. The intent of this district is to provide for areas of single-family and two-family development and related residential activities at a moderate density. In "R-2" Districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this Section.
B.
C.
Conditionally Permitted Uses. The following uses may be conditionally permitted provided they obtain a conditional use permit in accordance with Section 400.570 of this Code:
D.
Density Regulations.
1.
The minimum lot area shall be seven thousand five hundred (7,500) square feet if the building constructed is for single-family; three thousand seven hundred fifty (3,750) square feet for each unit in a two-family dwelling.
2.
The minimum lot width shall be seventy-five (75) feet if the building constructed is for single-family; thirty-seven and one-half (37.5) feet on each side of the common boundary line on lots with a two-family dwelling.
3.
The maximum lot coverage shall be thirty percent (30%) of the total lot area.
4.
Each side of a two-family dwelling or a single-family dwelling shall have a minimum of nine hundred (900) square feet of habitable floor area, excluding basements, garages, attics and other areas not designed for living space.
E.
Height Regulations. The maximum building height shall be thirty-five (35) feet.
F.
Yard Regulations.
1.
Front Yard Area.
a.
The front yard area shall be in accordance with the following road classifications:
(1)
Local: fifty-five (55) feet measured from the centerline of the street.
(2)
Collector: sixty (60) feet measured from the centerline of the street.
(3)
Arterial: seventy (70) feet measured from the centerline of the street.
(4)
Arterial with more than three (3) traffic lanes: thirty (30) feet measured from the edge of the right-of-way.
b.
Where lots have a double frontage, the required front yard shall be provided on each street.
c.
Corner lots shall maintain a front yard setback along both abutting streets. However, in those instances where lots front on only one (1) of the intersecting streets within the same block, the corner lot shall maintain a front yard setback as set out in Subsection (F)(1) above on that street upon which other lots front, and the setback on the other intersecting street may be reduced by not more than fifteen (15) feet.
d.
The buildable width of a lot of record at the time of the passage of this regulation need not be reduced to less than thirty-five (35) feet, except where necessary to provide a yard along the side street with a depth of not less than seven and one-half (7.5) feet.
2.
Side Yard Area. The side yard area shall be not less than seven and one-half (7.5) feet.
3.
Rear Yard Area. The rear yard area shall be not less than twenty (20) feet.
4.
All existing "R-2" District lots may be subdivided along the common boundary of the lot(s) so platted by the lot line adjustment process contained in Section 425.295; and all lots rezoned to this district shall be created to allow separate ownership of each unit on such lot.
Section 400.150 "R-3" Multiple-Family Dwelling District Use Regulations.
[R.O. 1991 § 400.150; Ord. No. 2865-13 § 1(Exh. A § 400.150), 4-2-2013; Ord. No. 3108-21, 6-1-2021]
A.
Intent. The intent of this district is to provide for areas of multiple-family or apartment development which is at a higher density, as well as single and two-family dwellings at a higher density. In "R-3" Districts, no building, structure, land, or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this Section.
B.
Permitted Uses.
1.
Single-, two- and multi-family dwellings.
2.
Fire and Police protection and related activities.
3.
Historic sites and monuments.
4.
Parks, playgrounds, primary and secondary schools.
5.
Retirement, convalescent, nursing, and rest homes; convents, monasteries, orphanages, dormitories, fraternity, and sorority houses; boarding and rooming houses.
C.
Conditionally Permitted Uses. The following uses may be conditionally permitted provided they obtain a conditional use permit in accordance with Section 400.570 of this Code:
1.
Recreational and entertainment uses, including amphitheaters, athletic fields, campgrounds, country clubs, golf courses and driving ranges, fairgrounds, recreation centers, resorts, riding stables, swimming clubs, tennis clubs and zoos.
2.
Religious, educational, and social facilities, including museums; charities; accessory uses associated with houses of worship; colleges and universities (public and private); educational and scientific research services; libraries; schools for primary, secondary, vocation and higher education, daycares with more than five (5) children.
3.
Public health and safety facilities, including, clinics, health centers, hospitals and counseling, treatment, and correctional centers.
4.
Transportation, communication, and utility facilities, including electrical power stations and substations; railroad stations, depots and maintenance facilities, so long as adjacent to an existing railroad line; postal services; sewage treatment plants; telephone exchange stations and relay towers; and towers for communications transmission.
D.
Density Regulations.
1.
The minimum lot area shall be not less than five thousand (5,000) square feet for a single-family detached dwelling; two thousand five hundred (2,500) square feet for each one-half (1/2) of a two-family dwelling or each single-family attached dwelling; one thousand (1,000) square feet for each dwelling unit in multi-family dwellings. Other uses shall have not less than ten thousand (10,000) square feet of lot area.
2.
The minimum lot width shall be fifty (50) feet.
3.
The maximum lot coverage area shall be thirty percent (30%).
4.
The minimum floor area for single-family attached and detached dwellings shall be eight hundred (800) square feet and four hundred (400) square feet for each dwelling unit in multi-family dwellings.
E.
Height Regulations. The maximum structure height shall be five (5) stories.
F.
Yard Regulations.
1.
Front Yard Area.
a.
The front yard area shall be in accordance with the following road classifications:
(1)
Local: fifty-five (55) feet measured from the centerline of the street.
(2)
Collector: sixty (60) feet measured from the centerline of the street.
(3)
Arterial: seventy (70) feet measured from the centerline of the street.
(4)
Arterial with more than three (3) traffic lanes: thirty (30) feet measured from the edge of the right-of-way.
b.
Where lots have a double frontage, the required front yard shall be provided on each street.
c.
Corner lots shall maintain a front yard setback along both abutting streets. However, in those instances where lots front on only one (1) of the intersecting streets within the same block, the corner lot shall maintain a front yard setback as set out in Subsection (F)(1) above on that street upon which other lots front, and the setback on the other intersecting street may be reduced by not more than fifteen (15) feet.
d.
The buildable width of a lot of record at the time of the passage of this regulation need not be reduced to less than thirty-five (35) feet, except where necessary to provide a yard along the side street with a depth of not less than six (6) feet.
2.
Side Yard Area. The side yard area shall be not less than seven and one-half (7.5) feet.
3.
Rear Yard Area. The rear yard area shall be not less than twenty (20) feet.
4.
All single-family attached dwelling units so created shall be subdivided so that each unit may be sold separately without further subdivision and shall include pro-rata yard areas in accordance with this Section, unless such individual units are to be sold as a part of a maintenance provided complex, and then only if such common areas are to be perpetually maintained by an association or the developer.
Section 400.155 "B-1" Neighborhood Business District Use Regulations.
[R.O. 1991 § 400.155; Ord. No. 2865-13 § 1(Exh. A § 400.155), 4-2-2013; Ord. No. 3160-22, 10-4-2022]
A.
Intent. The intent of this district is to provide mixed-use commercial districts for convenience shopping facilities, office uses, and multi-facility residential in and near residential neighborhoods. Such mixed-use developments will often occupy a small area, frequently at an intersection or on a major street, in an area that is otherwise wholly residential. In "B-1" Districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this Section.
B.
Permitted Uses.
1.
Art studios and galleries; bed and breakfast establishments; clubhouses for non- or for-profit organizations; limited repairs services, such as jewelry, small appliance, and business machine repair shops; personal service establishments such as barber and beauty shops, shoe repair, tailor shops, dance, music and drama schools, dry cleaning pick-up stations and self-service laundry facilities; restaurants, bakeries, coffee shops, cafes, delicatessens, ice cream parlors, and catering services. Food service establishments may serve alcoholic beverages as an incidental and accessory use only; retail businesses, such as food and grocery stores, drugstores, apparel shops, variety stores, hardware stores, antique shops, florists, or book shops.
2.
Commercial picnic groves, campgrounds, or fishing lakes, including concessions; health and athletic clubs, tanning salons, racquet and sports clubs, and commercial swimming pools; nurseries, garden shops, and greenhouses.
3.
Museums, libraries, community buildings.
4.
Parking lots servicing adjacent uses only.
6.
Accessory uses customarily incidental to permitted uses and otherwise conforming to the provisions contained in Section 400.370.
7.
No outdoor storage except the display of merchandise for sale to the public, but only when the business is open and only during daylight hours.
C.
Conditionally Permitted Uses. The following uses may be conditionally permitted provided they obtain a conditional use permit in accordance with Section 400.570 of this Code:
1.
Bars, brew pubs, taverns and other drinking establishments.
2.
Drive-up services and vehicle fueling and service stations, subject to both the site plan review process, and the following additional performance standards:
a.
No merchandise or equipment which is displayed outside of a building shall be kept outside beyond the hours of operation of such business, kept off the public sidewalk or street right-of-way, not reduce the capacity of a parking lot beyond the minimum(s) required by this Chapter, and not exceed an area greater than twenty percent (20%) of the ground floor area of the building.
b.
Not more than two (2) separate pumping stations for fuel stations shall be installed on such property and in no event shall any such pumping station be within one hundred (100) feet of any building used in whole or part for residential purposes.
E.
Height Regulations. The maximum structure height shall be thirty-five (35) feet.
Section 400.160 "B-2" Non-Retail Business District Use Regulations.
[R.O. 1991 § 400.160; Ord. No. 2865-13 § 1(Exh. A § 400.160), 4-2-2013; Ord. No. 3160-22, 10-4-2022]
A.
Intent. The intent of this district is to accommodate a demonstrated need for development of office and other non-retail space adjacent to residential uses and which may be inappropriate for other commercial uses. It is intended that the buffering requirements in the site plan review process will create a compatible transition of uses from adjacent residential neighborhoods. In "B-2" Districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this Section.
B.
Permitted Uses.
1.
Any use permitted in the "B-1" District.
2.
Office buildings to be used for professional and administrative functions of companies, corporations, social or philanthropic organizations or societies.
3.
Trade schools, business colleges or other specialty schools that do not generate traffic from patrons other than those enrolled at such school.
4.
Large day care home and day nurseries.
6.
Accessory uses customarily incidental to permitted uses and otherwise conforming to the provisions contained in Section 400.370.
7.
No outdoor storage except the display of merchandise for sale to the public, except outdoor storage completely enclosed in proper storage screening.
C.
Conditionally Permitted Uses. The following uses may be conditionally permitted provided they obtain a conditional use permit in accordance with Section 400.570 of this Code:
1.
Parking lots for adjacent multi-unit residential dwellings, hotels, clubs, motels, and accessory uses to such businesses; or for hospitals, churches, and institutions when such use is adjacent to or within three hundred (300) feet of the main use.
2.
Radio, television, broadcasting and recording studios. Associated towers and antennae for radio and television studios shall meet the additional requirements for such use, as contained in the conditional use permit provisions of this Chapter.
E.
Height Regulations. The maximum structure height shall be thirty-five (35) feet.
Section 400.165 "B-3" General Business District Use Regulations.
[R.O. 1991 § 400.165; Ord. No. 2865-13 § 1(Exh. A § 400.165), 4-2-2013; Ord. No. 3033-19, 4-1-2019; Ord. No. 3160-22, 10-4-2022]
A.
Intent. The intent of this district is to provide a zone which is suitable to accommodate basic retail, service and office uses which are not located in the Central Business District but are located adjacent to the Central Business District or on arterials leading to the downtown area. Commercial uses that require large floor areas or large land areas and that are not compatible with the Central Business District are included in this district. In "B-3" Districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this Section.
B.
Permitted Uses.
1.
Any use allowed in the "B-2" District and retail trade, business and professional offices, not listed in the "B-2" District.
2.
Automobile sales, service and rental uses; retail sale or rental of building materials, light construction equipment, farm machinery and equipment, electrical, mechanical, plumbing and HVAC supplies; and repair services for such automobile, farm or light construction equipment.
3.
Banks; research, development, laboratory and testing services; copying and printing services that have a retail component, open to the public at the facility; gasoline service stations; retail sales of tobacco, package liquor, beer, wine or other alcohol; restaurants, bars, pubs and taverns
4.
Hospital services; churches; hotels, motels, tourist courts; schools.
6.
Accessory uses customarily incidental to permitted uses and otherwise conforming to the provisions contained in Section 400.370.
7.
A medical marijuana dispensary facility, but only if such facility has obtained and maintains in good standing a business license in accordance with Chapter 610 of this Code of Ordinances and the Missouri Department of Health and Senior Services.
8.
No outdoor storage except the display of merchandise for sale to the public, except outdoor storage completely enclosed in proper storage screening.
C.
Conditionally Permitted Uses. The following uses may be conditionally permitted provided they obtain a conditional use permit in accordance with Section 400.570 of this Code:
E.
Height Regulations. The maximum structure height shall be thirty-five (35) feet.
Section 400.170 "B-4" Central Business District Use Regulations.
[R.O. 1991 § 400.170; Ord. No. 2865-13 § 1(Exh. A § 400.170), 4-2-2013; Ord. No. 3160-22, 10-4-2022]
A.
Intent. The intent of this district is to provide a zone which will accommodate the broad range of retail shopping activities; office and trade uses that are normally found in the core area of a City and residential uses established at the perimeter of the downtown. This area generally developed early in the City's history and has traditionally been the City's core business and trade area. This area has suffered due to continued development patterns along the major highway corridors and decline in the residential areas in and adjacent to this district. These district regulations and use groupings are intended to strengthen the business level of the downtown business district and re-establish its contribution to the vitality of the City. In "B-4" Districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this Section.
B.
Permitted Uses.
1.
Any use permitted in the "R-1," "R-2" and "R-3" Districts.
2.
Restaurants, bars, pubs and other drinking establishments; and entertainment venues such as bowling alleys, billiard halls, arcades and reception halls.
3.
Retail establishments, including, but limited to, art studios, general stores, convenience stores, gasoline and service stations, liquor stores, department stores, small appliance sales and service, lumberyards, hardware stores and other general retail establishments.
4.
Pest control services, electrical, plumbing, HVAC and general contractor offices and shops; small manufacturing operations that serve a retail or general sales outlet in the same premises such as bakeries, brew pubs, candy or confectioneries, picture frame manufacturing, repair and sales, cabinetmakers, printing shops, sign shops, home decor product manufacturing and other similar, low impact manufacturing operations that primarily serve a retail outlet at the same location.
5.
Schools, day cares and office uses including, but not limited to, doctors, chiropractors, accountant and tax preparation, legal, planning, engineering or surveying, insurance, travel agencies, and other similar services.
7.
Accessory uses customarily incidental to permitted uses and otherwise conforming to the provisions contained in Section 400.370.
8.
No outdoor storage except the display of merchandise for sale to the public during business hours, except outdoor storage completely enclosed in proper storage screening.
C.
Conditionally Permitted Uses. The following uses may be conditionally permitted provided they obtain a conditional use permit in accordance with Section 400.570 of this Code:
1.
Product wholesalers, warehousing and storage not an accessory use to an otherwise permitted use and motor freight terminals.
D.
Density Regulations.
1.
There is no minimum lot area, width or coverage requirements in this district, except that any building constructed must meet the minimum area or distance requirements of the Building Code in effect at the time of construction.
F.
Yard Regulations. The setbacks in this district shall be in compliance with the requirements and layout plans in the site plan review regulations contained in Sections 400.390 through 400.440 of this Code, and must meet the adjustment requirements contained in the Supplementary District Regulations in Section 400.310.
Section 400.180 "I-1" Light Industrial District Use Regulations.
[R.O. 1991 § 400.180; Ord. No. 2865-13 § 1(Exh. A § 400.180), 4-2-2013]
A.
Intent. The "I-1" Light Industrial District is intended for business uses conducting light manufacturing, assembling and fabrication, warehousing, wholesaling and service operations which conduct activities which do not have the impacts of heavy industrial or manufacturing uses. The district is also intended to serve as a transition between more intense industrial development and commercial, office or multi-family residential development. In "I-1" Districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this Section.
B.
Permitted Uses.
1.
Any establishment which provides supplies and/or services primarily to commercial and industrial customers, such as janitorial services, sign shops, packaging or shipping service, locksmith or printing, lithographing, engraving, photocopying, blueprinting, publishing and binding establishments.
2.
Any manufacturing, production, processing, cleaning, servicing, testing, repair or storage of materials, goods, products or food products and business and sales offices accessory thereto.
3.
Any non-residential use allowed in the "B-1," "B-2," "B-3," and "B-4" Districts, including any office/retail/warehouse combinations, provided not more than twenty-five percent (25%) of the gross building floor area shall be used for retail activities; and the outdoor storage of manufactured materials or products provided all outside storage is screened from any public right-of-way.
4.
Heavy equipment and machinery, commercial truck and tractor sales, rental and service.
6.
Accessory uses customarily incidental to permitted uses and otherwise conforming to the provisions contained in Section 400.370.
7.
A medical marijuana cultivation facility, medical marijuana-infused products manufacturing facility and/or a medical marijuana testing facility, but only if such facility has obtained and maintains in good standing a business license in accordance with Chapter 610 of this Code of Ordinances and the Missouri Department of Health and Senior Services.
[Ord. No. 3033-19, 4-1-2019]
C.
Conditionally Permitted Uses. The following uses may be conditionally permitted provided they obtain a conditional use permit in accordance with Section 400.570 of this Code:
1.
Sanitary landfills, recycling centers, transfer stations, trash service companies.
2.
Storage, warehousing and/or sales of hazardous materials, including, but not limited to bulk agricultural fertilizers, petroleum stations and terminals, liquid petroleum gas, radioactive materials processing and storage connected with a manufacturing business.
3.
Electric generation plants, electric utility maintenance yard, permanent concrete or asphalt manufacturing or mixing plants, prisons, mining, quarrying of gravel, sand or stone.
E.
Height Regulations. The maximum structure height shall be fifty (50) feet.
Section 400.190 "I-2" Heavy Industrial District Use Regulations.
[R.O. 1991 § 400.190; Ord. No. 2865-13 § 1(Exh. A § 400.190), 4-2-2013]
A.
Intent. The intent of the "I-2" Heavy Industrial District is intended for heavy industrial uses and other uses not otherwise provided for in the "I-1" District. The intensity of uses in this district makes it necessary to separate it from all residential districts wherever possible with good accessibility provided to major rail, air and highway facilities. In "I-2" Districts, no building, structure, land or premises shall be used; and no building or structure shall be hereafter erected, constructed, reconstructed, moved or altered, other than in conformance with the provisions of this Section.
B.
Permitted Uses.
1.
Any use permitted in the "I-1" District.
2.
Any of the following uses unless they are within five hundred (500) feet of any residential properties, in such event a conditional use permit shall be required.
a.
Manufacturing and storage of products including, but not limited to, gas, solid or liquid flammable or corrosive materials; fertilizers; glass; roofing and other construction materials; vehicle, aircraft or other heavy equipment; cement, asphalt or other paving materials; and uses classified as a High-Hazard Group H occupancy as determined by the International Building Code.
b.
Manufacturing of products using hazardous substances.
c.
Metal, wire and metal or wire products manufacturing.
d.
Recycling or reprocessing of plastics, glass, metals, batteries.
e.
Stockyards, slaughterhouse or meat processing.
3.
Solid waste transfer stations or recycling station where all materials are contained in an enclosed trailer or building; composting plants.
4.
Electric generation plants, electric utility maintenance yard, permanent concrete or asphalt manufacturing or mixing plants.
C.
Conditionally Permitted Uses. The following uses may be conditionally permitted provided they obtain a conditional use permit in accordance with Section 400.570 of this Code:
1.
Agricultural chemicals and fertilizer manufacturing, retail sale of hazardous chemicals or fertilizers, wholesale liquid petroleum gas, bulk petroleum stations and terminals, radioactive materials processing, storage or manufacturing.
2.
Mining, quarrying of gravel, sand or stone.
3.
Sanitary landfills.
E.
Height Regulations. There is no maximum structure height.
Section 400.200 Planned Development Overlay District.
[R.O. 1991 § 400.200; Ord. No. 2865-13 § 1(Exh. A § 400.220), 4-2-2013]
A.
Intent.
1.
Any of the zoning districts mentioned above shall have a separate and distinct counterpart known and herein referred to as a "Planned Development." Such Planned Development shall be designated by adding thereto the designation of "P" to the underlying district, such as "B-3-P." The Planned Development shall be for the purpose of permitting and regulating the uses permitted in the equivalent district and further provide for and encourage latitude and flexibility in the location of buildings, structures, roads, drives, variations in yards, open spaces, etc. subsequent to final approval of the plan. The result is to allow development of tracts of land to their fullest extent and at the same time observe the general intent and spirit of these regulations. The purpose of this district is to also provide for and encourage the appropriate grouping of buildings to reduce vehicle trips, maximize open space and for the beautification of the district.
2.
Generally, the height and bulk of buildings, the amount of open space, the concentration of people and traffic and the parking and loading requirements shall be equal to those in the underlying district classification. The uses permitted in the Planned Development shall be the same as in the underlying district. Variations and departures from the standard requirements of the underlying district may be permitted. Each building need not front onto a public street, and more than one (1) principal building may be located on one (1) lot. Buildings may be constructed on platted tracts which are smaller than the minimum lot size requirements where other adjacent, maintained permanent open space is provided. Buildings may be grouped in clusters or around courts and may be served by private drives in lieu of public streets. Buildings may be located closer to lot lines than otherwise permitted provided such buildings are architecturally suitable for such a relationship to adjoining buildings or property.
B.
Procedure For Rezoning Property To A Planned Development Overlay District.
1.
A tract of land may be zoned to a Planned Development District by the City without first approving a conceptual development plan. For all other applicants for Planned Development District zoning or amendments, a conceptual development plan must be submitted to the Commission for approval. The applicant shall pay a non-refundable deposit of two hundred fifty dollars ($250.00) and submit an application that contains, at a minimum, the following elements:
a.
The boundaries of the tract to be zoned and the area adjacent for a distance of two hundred fifty (250) feet.
b.
The existing and proposed topography with contour intervals not greater than ten (10) feet intervals on a plan at a scale of one (1) inch equals two hundred (200) feet or larger. The proposed topography shall be clearly delineated on the plan.
c.
Proposed location, number and arrangement of buildings, structures, parking areas, existing and proposed streets, drives, open spaces, drainage landscaping, and other reasonable information required by the Commission. Sufficient approximate dimensions to indicate the relationship between building, streets, drives and property lines should be on the plans as well.
d.
The plan shall be accompanied by a plat giving a full legal description of the boundaries of the property.
e.
A draft of conditions, covenants and restrictions (CCRs) easements, associations and maintenance agreements as well as specifications for ingress/egress to the property and any other legal requirements which will run with the property.
f.
Preliminary elevation and plan drawings of proposed buildings which sufficiently depict the architectural theme of the project.
g.
Preliminary signage plan that identifies the materials, sizes, heights and locations proposed to be used on signs within the project. The signage plan shall be consistent with the overall architectural theme of the buildings and project.
h.
A list of all property owners within one hundred eighty-five (185) feet of the boundaries of the proposed area.
2.
The Commission shall hold a public hearing on the conceptual development plan and after such public hearing shall approve, approve with conditions, or disapprove the conceptual development plan. At such time as the conceptual development plan is approved, approved with conditions or disapproved by the Commission, the same shall be forwarded on to the Board of Aldermen for final action. The procedures for noticing and holding a public hearing for a conceptual development plan shall be the same as specified in Section 400.555. The approval of the conceptual development plan is in addition to, not in substitution of, the required statutory rezoning process.
3.
In reviewing conceptual development plans for a Planned Development Overlay District, the Commission shall consider the requirements in the site plan review provisions in Section 400.390 through 400.440 when evaluating the following:
a.
Topography; to ensure the site is suitable for development, and buildings are located and arranged in appropriate areas.
b.
Parking; to ensure the proposed development contains an adequate amount of parking and is located in an appropriate area or adequately screened. Generally, the parking should conform to the required number of spaces appropriate to the development type as contained in Section 400.470. The Commission may allow a deviation from these parking requirements should the applicant show an adequate amount of parking exists.
c.
Setbacks; to ensure buildings provide for adequate light, air, and privacy protection by providing appropriate proportion between buildings, and adequate separation between buildings and adjoining properties.
d.
Architecture; to ensure the architectural theme is compatible and consistent throughout the project and is reasonably compatible with surrounding developments.
e.
Site plan; to ensure the location and arrangement of buildings, signs and other structures are appropriate for the site, existing and proposed streets, drives and public ways are arranged appropriately and to ensure site drainage has been adequately addressed.
f.
Landscaping; to ensure the development provides adequate landscaping to provide a pleasant environment, to enhance the building's appearance, to ensure existing significant trees are adequately protected.
g.
Any other feature or issue associated with the State zoning and planning enabling legislation or the Comprehensive Plan for the City of Smithville for which the Commission feels is appropriate and relevant to the development of the site.
4.
Prior to approving a conceptual development plan for the purposes of this Section, the Commission shall make the following findings:
a.
That the Commission has reviewed the conceptual development plan with consideration of the issues contained in Subsection (B)(3) above; and
b.
That the conceptual development plan is in conformance with the comprehensive land use plan and other appropriate Sections of the Code of Ordinances; and
c.
That the conceptual development plan provides for an organized and unified system of land use intensities which are compatible with the surrounding areas; and
d.
That the proposed development adequately protects the health, safety and general welfare of future and existing residents and property owners in and around the development.
5.
Upon final approval of the plan and the zoning or rezoning of the tract as required by law, building permits may be issued and conformance with the plan and all supporting documentation is mandatory. Substantial deviation from the plan shall require resubmittal to the Commission and Board in the same manner as the original procedure.
Section 400.210 Statutory Authorization, Findings Of Fact And Purposes.
[R.O. 1991 § 400.210; Ord. No. 2865-13 § 1(Exh. A § 400.230 Art. I), 4-2-2013]
A.
Statutory Authorization. The legislature of the State of Missouri has, in Section 89.020, RSMo., delegated the responsibility to local government units to adopt floodplain management regulations designed to protect the health, safety and general welfare. Therefore, the Board of Aldermen of the City of Smithville, Missouri, does ordain as set out herein.
B.
Findings Of Fact. The following are specific findings of fact that are the basis of these floodplain regulations.
1.
Flood Losses Resulting From Periodic Inundation. The special flood hazard areas of Smithville, Missouri, are subject to inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
2.
General Causes Of The Flood Losses. These flood losses are caused by:
3.
Methods Used To Analyze Flood Hazards. The Flood Insurance Study (FIS) that is the basis of this Division uses a standard engineering method of analyzing flood hazards which consist of a series of interrelated steps.
a.
Selection of a base flood that is based upon engineering calculations which permit a consideration of such flood factors as its expected frequency of occurrence, the area inundated and the depth of inundation. The base flood selected for this Division is representative of large floods which are characteristic of what can be expected to occur on the particular streams subject to this Division. It is in the general order of a flood which could be expected to have a one-percent chance of occurrence in any one (1) year as delineated on the Federal Insurance Administrator's FIS and illustrative materials dated August 3, 2015, as amended, and any future revisions thereto.
[Ord. No. 2926-15 § 1, 7-7-2015[1]]
[1]
Editor's Note: Section 3 of this ordinance provided an effective date of 8-3-2015.
b.
Calculation of water surface profiles are based on a standard hydraulic engineering analysis of the capacity of the stream channel and overbank areas to convey the regulatory flood.
c.
Computation of a floodway required to convey this flood without increasing flood heights more than one (1) foot at any point.
d.
Delineation of floodway encroachment lines within which no development is permitted that would cause any increase in flood height.
e.
Delineation of flood fringe, i.e., that area outside the floodway encroachment lines but still subject to inundation by the base flood.
C.
Statement Of Purpose. It is the purpose of this Division to promote the public health, safety and general welfare; to minimize those losses described in Section 400.210(B)(1); to establish or maintain the community's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in 44 CFR 59.22(a)(3); and to meet the requirements of 44 CFR 60.3(d) by applying the provisions of this Division to:
1.
Restrict or prohibit uses that are dangerous to health, safety or property in times of flooding or cause undue increases in flood heights or velocities;
2.
Require uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction; and
3.
Protect individuals from buying lands that are unsuited for the intended development purposes due to the flood hazard.
Section 400.220 Definitions.
[R.O. 1991 § 400.220; Ord. No. 2865-13 § 1(Exh. A § 400.230 Art. II), 4-2-2013]
Unless specifically defined below, words or phrases used in this Division shall be interpreted so as to give them the meaning they have in common usage and to give this Division its most reasonable application.
See "base flood."
The same as "appurtenant structure."
See "risk premium rates."
The Federal Insurance Administrator.
The Federal Emergency Management Agency (FEMA).
Agricultural products and livestock.
Any structure used exclusively in connection with the production, harvesting, storage, drying or raising of agricultural commodities.
A request for a review of the Floodplain Administrator's interpretation of any provision of this Division or a request for a variance.
A structure that is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.
The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year.
The flood having a one percent (1%) chance of being equaled or exceeded in any given year.
Any area of the structure having its floor subgrade (below ground level) on all sides.
See "structure."
The official of the community who is charged with the authority to implement and administer laws, ordinances and regulations for that community.
Any State or area or political subdivision thereof which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.
Any man-made change to improved or unimproved real estate including, but not limited to, buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations, or storing of equipment or materials.
For insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings or columns.
A community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).
For the purposes of determining rates, structures for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures."
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads).
A general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of inland waters, and/or (2) the unusual and rapid accumulation or runoff of surface waters from any source.
An Official Map of a community on which the Administrator has delineated both special flood hazard areas and the designated regulatory floodway.
A determination by the Administrator of the water surface elevations of the base flood, that is, the flood level that has a one percent (1%) or greater chance of occurrence in any given year.
An examination, evaluation and determination of flood hazards.
The area outside the floodway encroachment lines but still subject to inundation by the regulatory flood.
An Official Map of a community issued by the Administrator where the boundaries of the flood areas having special flood hazards have been designated as (unnumbered or numbered) A Zones.
An Official Map of a community on which the Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.
An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.
Any land area susceptible to being inundated by water from any source (see "flooding").
The operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.
Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and other applications of police power. The term describes such State or local regulations in any combination thereof that provide standards for the purpose of flood damage prevention and reduction.
Any combination of structural and non-structural additions, changes or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.
The lines marking the limits of floodways on Federal, State and local floodplain maps.
A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as bridge openings and the hydrological effect of urbanization of the watershed.
A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities and facilities that are necessary for the loading and unloading of cargo or passengers but does not include long-term storage or related manufacturing facilities.
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historical district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a State Inventory of Historic Places in States with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
The lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of this Division.
A structure, transportable in one (1) or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreational vehicle.
A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
The Flood Hazard Boundary Map (FHBM), Flood Insurance Rate Map (FIRM) or the Flood Boundary and Floodway Map (FBFM) for a community issued by the Federal Emergency Management Agency (FEMA).
An estimate of what is fair, economic, just and equitable value under normal local market conditions.
For purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced.
For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the effective date of the floodplain management regulations adopted by the community.
A manufactured home park or subdivision for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the community.
The National Flood Insurance Program (NFIP).
A community in which the Administrator has authorized the sale of flood insurance.
Any individual or group of individuals, corporation, partnership, association or any other entity, including Federal, State and local governments and agencies.
At least fifty-one percent (51%) of the actual cash value of the structure, less land value, is aboveground.
A vehicle which is:
Built on a single chassis;
Four hundred (400) square feet or less when measured at the largest horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
To bring the structure or other development into compliance with Federal, State or local floodplain management regulations or, if this is not possible, to reduce the impacts of its non-compliance.
Those rates established by the Administrator pursuant to individual community studies and investigations which are undertaken to provide flood insurance in accordance with Section 1307 of the National Flood Disaster Protection Act of 1973 and the accepted actuarial principles. "Risk premium rates" include provisions for operating costs and allowances.
See "area of special flood hazard."
An area having special flood hazards and shown on an FHBM, FIRM or FBFM as Zones (unnumbered or numbered) A and AE.
Includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvements were within one hundred eighty (180) days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, the installation of streets and/or walkways, excavation for a basement, footings, piers, foundations, the erection of temporary forms, nor installation on the property of accessory structures such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
That agency of the State Government or other office designated by the Governor of the State or by State Statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that State.
For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Structure," for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include the building materials or supplies intended for use in such construction, alteration or repair unless such materials or supplies are within an enclosed building on the premises.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to pre-damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the local Code Enforcement Official and which are the minimum necessary to assure safe living conditions; or
Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.
A structure permitted in a district for a period not to exceed one hundred eighty (180) days and is required to be removed upon the expiration of the permit period. Temporary structures may include recreational vehicles, temporary construction offices or temporary business facilities used until permanent facilities can be constructed, but at no time shall it include manufactured homes used as residences.
A grant of relief to a person from the terms of a floodplain management regulation. Flood insurance requirements remain in place for any varied use or structure and cannot be varied by the community.
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required by this Division is presumed to be in violation until such time as that documentation is provided.
The height in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain.
Section 400.230 General Provisions.
[R.O. 1991 § 400.230; Ord. No. 2865-13 § 1(Exh. A § 400.230 Art. III), 4-2-2013]
A.
Lands To Which Chapter Applies. This Division shall apply to all lands within the jurisdiction of the City of Smithville, Missouri, identified as numbered and unnumbered A zones and AE Zones, on the Flood Insurance Rate Maps (FIRMs) for Clay County on map panels 29047C0011E, 29047C0012E, 29047C0013E, 29047C0014E, 29047C0018E, 29047C0020E, 29047C0025E, 29047C0101E, 29047C0102E, 29047C0103E, 29047C0104E, 29047C0106E, and 29047C0108E dated August 3, 2015, as amended, and any future revisions thereto. In all areas covered by this Division, no development shall be permitted except through the issuance of a floodplain development permit, granted by the Board of Aldermen or its duly designated representative under such safeguards and restrictions as the Board of Aldermen or the designated representative may reasonably impose for the promotion and maintenance of the general welfare, health of the inhabitants of the community, and as specifically noted in Section 400.250 of this Division.
[Ord. No. 2926-15 § 2, 7-7-2015[1]]
[1]
Editor's Note: Section 3 of this ordinance provided an effective date of 8-3-2015.
B.
Floodplain Administrator. The Smithville City Administrator or their designee is hereby designated as the Floodplain Administrator under this Division.
C.
Compliance. No development located within the special flood hazard areas of this community shall be located, extended, converted or structurally altered without full compliance with the terms of this Division and other applicable regulations.
D.
Abrogation And Greater Restrictions. It is not intended by this Division to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Division imposes greater restrictions, the provisions of this Division shall prevail. All other Sections inconsistent with this Division are hereby repealed to the extent of the inconsistency only.
E.
Interpretation. In their interpretation and application, the provisions of this Division shall be held to be minimum requirements, shall be liberally construed in favor of the Governing Body, and shall not be deemed a limitation or repeal of any other powers granted by State Statutes.
F.
Warning And Disclaimer Of Liability. The degree of flood protection required by this Division is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This Division does not imply that areas outside the floodway and flood fringe or land uses permitted within such areas will be free from flooding or flood damage. This Division shall not create a liability on the part of the City of Smithville, Missouri, any officer or employee thereof for any flood damages that may result from reliance on this Division or any administrative decision lawfully made thereunder.
G.
Severability. If any Section, clause, provision or portion of this Division is adjudged unconstitutional or invalid by a court of appropriate jurisdiction, the remainder of this Division shall not be affected thereby.
Section 400.240 Administration.
[R.O. 1991 § 400.240; Ord. No. 2865-13 § 1(Exh. A § 400.230 Art. IV), 4-2-2013]
A.
Floodplain Development Permit (Required). A floodplain development permit shall be required for all proposed construction or other development, including the placement of manufactured homes, in the areas described in Section 400.230(A). No person, firm, corporation or unit of government shall initiate any development or substantial improvement or cause the same to be done without first obtaining a separate floodplain development permit for each structure or other development.
B.
Administration. The Floodplain Administrator is hereby appointed to administer and implement the provisions of this Division.
C.
Duties And Responsibilities Of Floodplain Administrator. Duties of the Floodplain Administrator shall include, but not be limited to:
1.
Review of all applications for floodplain development permits to assure that sites are reasonably safe from flooding and that the floodplain development permit requirements of this Division have been satisfied;
2.
Review of all applications for floodplain development permits for proposed development to assure that all necessary permits have been obtained from Federal, State or local governmental agencies from which prior approval is required by Federal, State or local law;
3.
Review of all subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, to determine whether such proposals will be reasonably safe from flooding;
4.
Issue floodplain development permits for all approved applications;
5.
Notify adjacent communities and the Missouri State Emergency Management Agency prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA);
6.
Assure that maintenance is provided within the altered or relocated portion of any watercourse so that the flood-carrying capacity is not diminished;
7.
Verify and maintain a record of the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures; and
8.
Verify and maintain a record that the new or substantially improved non-residential structures have been floodproofed.
9.
When floodproofing techniques are utilized for a particular non-residential structure, the Floodplain Administrator shall require certification from a registered professional engineer or architect.
D.
Application For Floodplain Development Permit. To obtain a floodplain development permit, the applicant shall first file an application in writing on a form furnished for that purpose. Every floodplain development permit application shall:
1.
Describe the land on which the proposed work is to be done by lot, block and tract, house and street address or similar description that will readily identify and specifically locate the proposed structure or work;
2.
Identify and describe the work to be covered by the floodplain development permit;
3.
Indicate the use or occupancy for which the proposed work is intended;
4.
Indicate the assessed value of the structure and the fair market value of the improvement;
5.
Specify whether development is located in designated flood fringe or floodway;
6.
Identify the existing base flood elevation and the elevation of the proposed development;
7.
Give such other information as reasonably may be required by the Floodplain Administrator;
8.
Be accompanied by plans and specifications for proposed construction; and
9.
Be signed by the permittee or his/her authorized agent who may be required to submit evidence to indicate such authority.
Section 400.250 Provisions For Flood Hazard Reduction.
[R.O. 1991 § 400.250; Ord. No. 2865-13 § 1(Exh. A § 400.230 Art. V), 4-2-2013]
A.
General Standards.
1.
No permit for floodplain development shall be granted for new construction, substantial improvements and other improvements, including the placement of manufactured homes, within any numbered or unnumbered A Zones and AE Zones unless the conditions of this Section are satisfied.
2.
All areas identified as unnumbered A Zones on the FIRM are subject to inundation of the 100-year flood; however, the base flood elevation is not provided. Development within unnumbered A Zones is subject to all provisions of this Division. If Flood Insurance Study data is not available, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation or floodway data currently available from Federal, State or other sources.
3.
Until a floodway is designated, no new construction, substantial improvements or other development, including fill, shall be permitted within any numbered A Zone or AE Zone on the FIRM unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community.
4.
All new construction, subdivision proposals, substantial improvements, prefabricated structures, placement of manufactured homes and other developments shall require:
a.
Design or adequate anchorage to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
b.
Construction with materials resistant to flood damage;
c.
Utilization of methods and practices that minimize flood damages;
d.
All electrical, heating, ventilation, plumbing, air-conditioning equipment and other service facilities be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
e.
New or replacement water supply systems and/or sanitary sewage systems be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters and on-site waste disposal systems be located so as to avoid impairment or contamination; and
f.
Subdivision proposals and other proposed new development, including manufactured home parks or subdivisions, located within special flood hazard areas are required to assure that:
(1)
All such proposals are consistent with the need to minimize flood damage;
(2)
All public utilities and facilities, such as sewer, gas, electrical and water systems, are located and constructed to minimize or eliminate flood damage;
(3)
Adequate drainage is provided so as to reduce exposure to flood hazards; and
(4)
All proposals for development, including proposals for manufactured home parks and subdivisions, of five (5) acres or fifty (50) lots, whichever is lesser, include within such proposals base flood elevation data.
5.
Storage, Material And Equipment.
a.
The storage or processing of materials within the special flood hazard area that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal or plant life is prohibited.
b.
Storage of other material or equipment may be allowed if not subject to major damage by floods, if firmly anchored to prevent flotation or if readily removable from the area within the time available after a flood warning.
6.
Agricultural Structures. Structures used solely for agricultural purposes in connection with the production, harvesting, storage, drying or raising of agricultural commodities, including the raising of livestock, may be constructed at-grade and wet-floodproofed provided there is no human habitation or occupancy of the structure; the structure is of single-wall design; there is no permanent retail, wholesale or manufacturing use included in the structure; a variance has been granted from the floodplain management requirements of this Division; and a floodplain development permit has been issued.
7.
Accessory Structures. Structures used solely for parking and limited storage purposes, not attached to any other structure on the site, of limited investment value and no larger than four hundred (400) square feet may be constructed at-grade and wet-floodproofed provided there is no human habitation or occupancy of the structure; the structure is of single-wall design; a variance has been granted from the standard floodplain management requirements of this Division; and a floodplain development permit has been issued.
8.
Critical Facilities.
a.
All new or substantially improved critical non-residential facilities, including, but not limited to, governmental buildings, police stations, fire stations, hospitals, orphanages, penal institutions, communication centers, water and sewer pumping stations, water and sewer treatment facilities, transportation maintenance facilities, places of public assembly, emergency aviation facilities and schools shall be elevated above the 500-year flood level or, together with attendant utility and sanitary facilities, be floodproofed so that below the 500-year flood level the structure is water-tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in Section 400.240(C)(9).
b.
All critical facilities shall have access routes that are above the elevation of the 500-year flood.
c.
No critical facilities shall be constructed in any designated floodway.
9.
Hazardous Materials. All hazardous material storage and handling sites shall be located out of the special flood hazard area.
10.
Non-Conforming Use. A structure or the use of a structure or premises that was lawful before the passage or amendment of the Division, but which is not in conformity with the provisions of this Division, may be continued subject to the following conditions:
a.
If such structure, use or utility service is discontinued for twelve (12) consecutive months, any future use of the building shall conform to this Division.
b.
If any non-conforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty percent (50%) of the pre-damaged market value of the structure. This limitation does not include the cost of any alteration to comply with existing State or local health, sanitary, building, safety codes, regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, the State Inventory of Historic Places or Local Inventory of Historic Places upon determination.
11.
Cumulative Improvement. A structure may be improved (remodeled or enlarged) without conforming to current requirements for elevation so long as the cumulative value of all work done within the last five (5) calendar years does not exceed fifty percent (50%) of the structure's current market value. If the cumulative value of the improvement exceeds fifty percent (50%) of the structure's current market value, the structure must be brought into compliance with Section 400.250(B) which requires elevation of residential structures to or above the base flood elevation or the elevation/floodproofing of non-residential structures to or above the base flood elevation.
B.
Specific Standards. In all areas identified as numbered and unnumbered A Zones and AE Zones, where base flood elevation data have been provided as set forth in Section 400.250(A)(2), the following provisions are required:
1.
Residential Construction. New construction or substantial improvement of any residential structure, including manufactured homes, shall have the lowest floor, including basement, elevated a minimum of one (1) foot above the base flood level.
2.
Non-Residential Construction. New construction or substantial improvement of any commercial, industrial or other non-residential structure, including manufactured home, shall have the lowest floor, including basement, elevated a minimum of one (1) foot above the base flood level or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood level the structure is water-tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this Subsection are satisfied. Such certification shall be provided to the Floodplain Administrator as set forth in Section 400.240(C)(9).
3.
Require, for all new construction and substantial improvements that fully enclosed areas below lowest floor used solely for parking of vehicles, building access or storage in an area other than a basement and that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
a.
A minimum of two (2) openings have a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided; and
b.
The bottom of all opening shall be no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exist of floodwaters.
C.
Manufactured Homes.
1.
All manufactured homes to be placed within all unnumbered and numbered A Zones and AE Zones on the Smithville, Missouri, FIRM shall be required to be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.
2.
Require manufactured homes that are placed or substantially improved within unnumbered or numbered A Zones and AE Zones on the Smithville, Missouri, FIRM on sites outside of manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to one (1) foot above the base flood elevation and be securely attached to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
3.
Require that manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within all unnumbered and numbered A Zones and AE Zones on the Smithville, Missouri, FIRM that are not subject to the provisions of Subsection (C)(2), above be elevated so that either:
a.
The lowest floor of the manufactured home is one (1) foot above the base flood level; or
b.
The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and be securely attached to an adequately anchored foundation system to resist flotation, collapse and lateral movement.
D.
Floodway. Located within areas of special flood hazard established in Section 400.230(A), above are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles, the following provisions shall apply:
1.
The community shall select and adopt a regulatory floodway based on the principle that the area chosen for the regulatory floodway must be designed to carry the waters of the base flood without increasing the water surface elevation of that flood more than one (1) foot at any point.
2.
The community shall prohibit any encroachments, including fill, new construction, substantial improvements and other development, within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
3.
If Section 400.250(D)(2) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 400.250.
4.
In unnumbered A Zones the community shall obtain, review and reasonably utilize any base flood elevation or floodway data currently available from Federal, State or other sources as set forth in Section 400.250(A)(2).
E.
Recreational Vehicles. Require that recreational vehicles placed on sites within all unnumbered and numbered A Zones and AE Zones on the Smithville, Missouri, FIRM either:
1.
Be on the side for fewer than one hundred eighty (180) consecutive days and be fully licensed and ready for highway use*; or
2.
Meet the permitting, elevating and the anchoring requirements for manufactured homes of this Division.
*A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions.
Section 400.260 Floodplain Management Variance Procedures.
[R.O. 1991 § 400.260; Ord. No. 2865-13 § 1(Exh. A § 400.230 Art. VI), 4-2-2013]
A.
Establishment Of Appeal Board. The Board of Zoning Adjustment as established by the City of Smithville, Missouri, shall hear and decide appeals and requests for variances from the floodplain management requirements of this Division.
B.
Responsibility Of Appeal Board.
1.
Where an application for a floodplain development permit or request for a variance from the floodplain management regulations is denied by the Floodplain Administrator, the applicant may apply for such floodplain development permit or variance directly to the Board of Zoning Adjustment.
2.
The Board of Aldermen shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Floodplain Administrator in the enforcement or administration of this Division.
C.
Further Appeals. Any person aggrieved by the decision of the Board of Aldermen or any taxpayer may appeal such decision to the Circuit Court of Clay County as provided in Chapter 89, RSMo.
D.
Floodplain Management Variance Criteria. In passing upon such applications for variances, the Board of Aldermen shall consider all technical data and evaluations, all relevant factors, standards specified in other Sections of this Division and the following criteria:
1.
The danger to life and property due to flood damage;
2.
The danger that materials may be swept onto other lands to the injury of others;
3.
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
4.
The importance of the services provided by the proposed facility to the community;
5.
The necessity to the facility of a waterfront location, where applicable;
6.
The availability of alternative locations not subject to flood damage for the proposed use;
7.
The compatibility of the proposed use with existing and anticipated development;
8.
The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;
9.
The safety of access to the property in times of flood for ordinary and emergency vehicles;
10.
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters, if applicable, expected at the site; and
11.
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems; streets and bridges.
E.
Conditions For Approving Floodplain Management Variances.
1.
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided items (2) through (6) below have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.
2.
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places, the State Inventory of Historic Places or Local Inventory of Historic Places upon determination provided proposed activity will not preclude the structure's continued historic designation.
3.
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
4.
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
5.
Variances shall only be issued upon:
a.
A showing of good and sufficient cause;
b.
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
c.
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
6.
A community shall notify the applicant in writing over the signature of a community official that:
a.
The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and
b.
Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this Division.
F.
Conditions For Approving Variances For Agricultural Structures.
1.
Any variance granted for an agricultural structure shall be decided individually based on a case-by-case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in Section 400.260(D) and (E) of this Division.
2.
In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for agricultural structures that are constructed at-grade and wet-floodproofed.
a.
All agricultural structures considered for a variance from the floodplain management regulations of this Division shall demonstrate that the varied structure is located in wide, expansive floodplain areas and no other alternate location outside of the special flood hazard area exists for the agricultural structure. Residential structures, such as farmhouses, cannot be considered agricultural structures.
b.
Use of the varied structures must be limited to agricultural purposes in Zone A only as identified on the Smithville, Missouri, Flood Insurance Rate Map (FIRM).
c.
For any new or substantially damaged agricultural structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finished, flooring, etc.) below the base flood elevation must be built with flood-resistant materials in accordance with Section 400.250(A)(4)(b) of this Division.
d.
The agricultural structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structures in accordance with Section 400.250(A)(4)(a) of this Division. All of the building's structural components must be capable of resisting specific flood-related forces, including hydrostatic, buoyancy and hydrodynamic and debris impact forces.
e.
Any mechanical, electrical or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a water-tight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Section 400.250(A)(4)(d) of this Division.
f.
The agricultural structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls, subject to the 100-year flood, contain openings that will permit the automatic entry and exit of floodwaters in accordance with Section 400.250(B)(3) of this Division.
g.
Major equipment, machinery or other contents must be protected from any flood damage.
h.
No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or restoration costs of the agricultural structures.
i.
The applicant shall acknowledge in writing over the signature of a community official that:
(1)
The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and
(2)
Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this Division.
j.
Wet-floodproofing construction techniques must be reviewed and approved by the community and a registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.
G.
Conditions For Approving Variances For Accessory Structures.
1.
Any variance granted for an accessory structure shall be decided individually based on a case-by-case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in Section 400.260(D) and (E) of this Division.
2.
In order to minimize flood damages during the 100-year flood and the threat to public health and safety, the following conditions shall be included for any variance issued for accessory structures that are constructed at-grade and wet-floodproofed.
a.
Use of the accessory structures must be solely for parking and limited storage purposes in Zone A only as identified on the community's Flood Insurance Rate Map (FIRM).
b.
For any new or substantially damaged accessory structures, the exterior and interior building components and elements (i.e., foundation, wall framing, exterior and interior finishes, flooring, etc.) below the base flood elevation must be built with flood-resistant materials in accordance with Section 400.250(A)(4)(b) of this Division.
c.
The accessory structures must be adequately anchored to prevent flotation, collapse or lateral movement of the structure in accordance with Section 400.250(A)(4)(a) of this Division. All of the building's structural components must be capable of resisting specific flood- related forces, including hydrostatic, buoyancy and hydrodynamic and debris impact forces.
d.
Any mechanical, electrical or other utility equipment must be located above the base flood elevation or floodproofed so that they are contained within a water-tight, floodproofed enclosure that is capable of resisting damage during flood conditions in accordance with Section 400.250(A)(4)(d) of this Division.
e.
The accessory structures must meet all National Flood Insurance Program (NFIP) opening requirements. The NFIP requires that enclosure or foundation walls subject to the 100-year flood contain openings that will permit the automatic entry and exit of floodwaters in accordance with Section 400.250(B)(3) of this Division.
f.
The accessory structures must comply with the floodplain management floodway encroachment provisions of Section 400.250(D)(2) of this Division. No variances may be issued for accessory structures within any designated floodway if any increase in flood levels would result during the 100-year flood.
g.
Equipment, machinery or other contents must be protected from any flood damage.
h.
No disaster relief assistance under any program administered by any Federal agency shall be paid for any repair or restoration costs of the accessory structures.
i.
A community shall notify the applicant in writing over the signature of a community official that:
(1)
The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and
(2)
Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this Division.
j.
Wet-floodproofing construction techniques must be reviewed and approved by the community and registered professional engineer or architect prior to the issuance of any floodplain development permit for construction.
H.
Conditions For Approving Variances For Temporary Structures. Any variance granted for a temporary structure shall be decided individually based on a case-by-case analysis of the building's unique circumstances. Variances granted shall meet the following conditions as well as those criteria and conditions set forth in Section 400.260(D) and (E) of this Division.
1.
A temporary structure may be considered for location within the 100-year floodplain only when all of the following criteria are met:
a.
Use of the temporary structure is unique to the land to be developed and cannot be located outside of the floodplain nor meet the NFIP design standards;
b.
Denial of the temporary structure permit will create an undue hardship on the property owner;
c.
The community has adopted up-to-date NFIP and building regulations to direct placement and removal of the temporary structure; and
d.
The community has sufficient staff to monitor the placement, use and removal of the temporary structure throughout the duration of the permit.
2.
Once all of the above conditions are met, an application for a conditional use permit must be made to the Board of Aldermen. The Board of Aldermen shall consider all applications for conditional use permits for a temporary structure based on the following criteria:
a.
The placement of any temporary structure within the special flood hazard areas as shown on the community's adopted Federal Emergency Management Agency/National Flood Insurance Program map shall require an approved conditional use permit. The conditional use permit shall be valid for a period not to exceed one hundred eighty (180) days.
b.
Conditional use permit applications for a temporary structure to be located in special flood hazard areas shall conform to the standard public hearing process prior to any community action on the permit request.
c.
An emergency plan for the removal of the temporary structure that includes specific removal criteria and time frames from the agency or firm responsible for providing the manpower, equipment and the relocation and disconnection of all utilities shall be required as part of the conditional use permit application for the placement of any temporary structure.
d.
On or before the expiration of the end of the one hundred eighty (180) day conditional use permit period, the temporary structure shall be removed from the site. All utilities, including water, sewer, communication and electrical services, shall be disconnected.
e.
To ensure the continuous mobility of the temporary structure for the duration of the permit, the temporary structure shall retain its wheels and tires, licenses and towing appurtenance on the structures at all times.
f.
Under emergency flooding conditions, the temporary structure shall be removed immediately or as directed by the community and as specified in the emergency removal plan.
g.
Location of any temporary structure within the regulatory floodway requires the provision of a "no-rise" certificate by a registered professional engineer.
h.
Violation of or non-compliance with any of the stated conditions of the conditional use permit during the term thereof shall make the permit subject to revocation by resolution of the Governing Body of the community. Issuance of permit revocation notice shall be made to the landowner, the occupant of the land and to the general public.
i.
Any deviation from the approved site plan shall be deemed a violation of the conditional use permit approval and the uses allowed shall automatically be revoked. The subsequent use of the land shall be as it was prior to the special permit approval. In event of any violation, all permitted conditional uses shall be deemed a violation of this Division and shall be illegal, non-conforming uses and shall be summarily removed and abated.
j.
If the temporary structure is to be returned to its previously occupied site, the process for issuing a conditional use permit must be repeated in full. Any subsequent permit shall be valid for one hundred eighty (180) days only.
Section 400.270 Penalties For Violation.
[R.O. 1991 § 400.270; Ord. No. 2865-13 § 1(Exh. A § 400.230 Art. VI), 4-2-2013]
Any person who violates this Division or fails to comply with any of its requirements (including violations of conditions and safeguards established in connection with granting of variances) shall, upon conviction thereof, be punished as set forth in Section 400.610 of this Chapter. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Smithville, Missouri, or other appropriate authority from taking such other lawful action as is necessary to prevent or remedy any violation.
Section 400.280 Amendments.
[R.O. 1991 § 400.280; Ord. No. 2865-13 § 1(Exh. A § 400.230 Art. VI), 4-2-2013]
The regulations, restrictions and boundaries set forth in this Division may from time to time be amended, supplemented, changed or appealed to reflect any and all changes in the National Flood Disaster Protection Act of 1973; provided, however, that no such action may be taken until after a public hearing in relation thereto at which parties of interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City of Smithville, Missouri. At least twenty (20) days shall elapse between the date of this publication and the public hearing. A copy of such amendments will be provided to the Region VII office of the Federal Emergency Management Agency (FEMA). The regulations of this Division are in compliance with the National Flood Insurance Program (NFIP) regulations.
Section 400.300 Height Regulations.
[R.O. 1991 § 400.300; Ord. No. 2865-13 § 1(Exh. A § 400.300), 4-2-2013]
A.
Chimneys, cooling towers, elevator headhouses, fire towers, grain elevators, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio and television towers or necessary mechanical appurtenances, usually required to be placed above the roof level and not intended for human occupancy, are not subject to the height limitations contained in the district regulations.
B.
In all districts, two (2) additional feet of height above the specified height limitation shall be permitted for each one (1) foot of additional setback on all sides provided over the minimum requirement.
Section 400.310 Yard Regulations.
[R.O. 1991 § 400.310; Ord. No. 2865-13 § 1(Exh. A § 400.310), 4-2-2013]
A.
Front Yards. The front yards heretofore established shall be adjusted in the following cases:
1.
Where fifty percent (50%) or more of the frontage on one (1) side of a street between two (2) intersecting streets is developed with buildings that have observed [with a variation of five (5) feet or less] a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the front yard so established by the existing buildings.
2.
Where fifty percent (50%) or more of the frontage on one (1) side of a street between two (2) intersecting streets is developed with buildings that have not observed a front yard as described above, then:
a.
Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two (2) closest front corners of the adjacent buildings on the two (2) sides; or
b.
Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one (1) side only, such building may be erected as close to the street as the existing adjacent building.
 | |
|---|---|
Front Yard Modification |
B.
Accessory Buildings. No accessory building shall be erected in any required front or side yard and no detached accessory building shall be erected closer than five (5) feet to any other building. Accessory buildings may be located in the rear yard, but shall not be closer than five (5) feet to the rear lot line and shall not be closer to the side lot line than the required minimum side yard setback of the district except that if the building has a vehicular alley entrance, the sum of the width of the alley and the setback of the structure shall not be less than twenty-five (25) feet. Accessory buildings in excess of two (2) per property are prohibited in "R-S," "R-1," "R-2," "R-3," "R-4," "B-1," "B-2," "B-3" and "B-4" Districts. For the purposes of calculating the number of accessory buildings on a property, detached garages shall be exempt.
C.
Structural Projections. Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers, the ordinary projections of chimneys and flues, buttresses, eaves, overhangs, open unenclosed porches, covered porches, elevated decks, covered elevated decks, patios, or covered patios may extend into any required yard for a distance of not more than thirty percent (30%) of the required yard dimension. For purposes of this Section, porches, decks or patios that are covered, and that encroach into a yard setback, may have guards installed, but only if the building and safety codes require such guards, and, in those cases, the guards must be open to the maximum extent allowed by the code; any post or other support structure shall not exceed twenty-four (24) inches in width in any direction.
[Ord. No. 2918-15 § 1, 3-3-2015]
Section 400.320 Rear Yard Computation.
[R.O. 1991 § 400.320; Ord. No. 2865-13 § 1(Exh. A § 400.320), 4-2-2013]
In computing the depth of a rear yard for any building where such a yard abuts an alley, one-half (1/2) the width of such alley may be included in the rear yard dimension.
Section 400.325 Number Of Structures And Uses On A Zoning Lot.
[R.O. 1991 § 400.325; Ord. No. 2865-13 § 1(Exh. A § 400.325), 4-2-2013]
Where a lot or tract is used or zoned for other than a single-family dwelling, more than one (1) principal use and structure may be located upon the lot or tract, but only when the building or buildings conform to all requirements for the district in which the lot or tract is located.
Section 400.330 Sight Triangle.
[R.O. 1991 § 400.330; Ord. No. 2865-13 § 1(Exh. A § 400.330), 4-2-2013]
A.
For the purpose of this Section, the term "sight triangle" shall mean an area at a street intersection in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half (2 1/2) feet and eight (8) feet above the grades of the bottom of the curb of the intersecting streets, measured from the point of intersection of the centerline of the streets, ninety (90) feet in each direction along the centerline of the streets. At the intersection of major or arterial streets, the ninety (90) foot distance shall be increased to one hundred twenty (120) feet. An example of such a sight triangle is included in Section 400.075 with the definition of same.
B.
The Board of Aldermen does hereby find and determine that in order to facilitate the movement of traffic and to provide the maximum safety in the use of the streets, it is necessary to require that all corner lots in the City conform to the requirements of the sight triangle as defined except in the Central Business District defined in this Chapter.
C.
The determination that an obstruction within the sight triangle materially impedes vision and presents a traffic hazard requiring abatement shall be at the discretion of the Chief of Police or their designee.
D.
On a corner lot in any district, development shall conform to the requirements of the sight triangle as defined by this regulation.
Section 400.335 Access To Business And Industrial Districts.
[R.O. 1991 § 400.335; Ord. No. 2865-13 § 1(Exh. A § 400.335), 4-2-2013]
No land which is located in a residential district shall be used for a driveway, walkway or access to any land which is located in any business or industrial district.
Section 400.340 Temporary Uses Permitted.
[R.O. 1991 § 400.340; Ord. No. 2865-13 § 1(Exh. A § 400.340), 4-2-2013]
A.
Christmas Tree Sales. Christmas tree sales in any business or industrial district for a period not to exceed sixty (60) days. Display of Christmas trees need not comply with the yard and setback requirements of these regulations provided that no trees shall be displayed within the sight triangle.
B.
Contractor's Office. Contractor's office and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project and to continue only during the duration of such project.
C.
Real Estate Offices. Real estate offices (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incidental to a new housing development to continue only until the sale or lease of all dwelling units in the development.
D.
Seasonal Sales. Seasonal sale of farm produce grown on the premises in an "A-1" District. Structures incidental to such sale need not comply with the applicable front yard requirements if the structures are removed or moved back of the required front yard setback line at the end of the season during which they are used.
E.
Carnivals And Circuses. A carnival or circus, but only in an "A-1," "B-1," "B-2," "B-3," "B-4," "I-1" or "I-2" District and then only for a period that does not exceed three (3) weeks. Such use need not comply with the front yard requirements, provided that structures or equipment which might block the view of operators of motor vehicles on the public streets shall conform to the requirements of the sight triangle as defined by these regulations.
F.
Housing. During construction of the principal residential structure, a basement, garage, camper or mobile home may be utilized for temporary housing for a period not to exceed six (6) months. The Zoning Administrator may extend the period six (6) additional months upon showing of good cause by the owner. Upon conclusion of the permitted time period or completion of the principal structure, whichever occurs first, the owner shall remove the temporary housing or make the necessary changes for the property to be in conformance with the regulations of the district in which the property is located.
G.
Temporary Defined. For the purposes of conditional use permits issued for school, temporary/mobile accessory structures, "temporary" shall mean not more than three (3) years.
Section 400.345 Determination Of Building Setback Line.
[R.O. 1991 § 400.345; Ord. No. 2865-13 § 1(Exh. A § 400.345), 4-2-2013]
The building setback line shall be determined by measuring the horizontal distance between the property line and the nearest exterior wall of the existing or proposed structure.
Section 400.350 Fences.
[R.O. 1991 § 400.350; Ord. No. 2865-13 § 1(Exh. A § 400.350), 4-2-2013: Ord. No. 3043-19, 9-3-2019; Ord. No. 3169-23, 1-17-2023]
A.
Except as otherwise specifically provided in other codes and regulations, the following regulations shall apply to the construction of fences:
1. FENCE, DECORATIVE OR ORNAMENTAL FRONT YARD FENCE
As used in this Chapter, the following terms shall have the meanings indicated:
A fence constructed of wood, metal, vinyl, vinyl coated chain link or a combination of such materials that is not more than four (4) feet in height and is at least fifty percent (50%) open; or is a stone or brick wall that does not exceed three (3) feet in height. Non-coated chain-link, or wire, wire mesh, snow fences or fences constructed in any part with such materials shall not be considered decorative or ornamental.
A decorative or ornamental fence located in a front yard that contains or abuts an adjacent lot that contains, the primary entrance to the building or a driveway access to the lot, or both.
2.
All fences erected in the City of Smithville must have a permit, except those in the agricultural districts. Applications for a fence permit shall be accompanied by a general layout of the property indicating the location of the fence to be erected on the lot.
3.
All fences shall conform to the requirements of the sight triangle as defined by these regulations. For purposes of these fence regulations, an alley shall also be subject to the sight triangle regulations at an intersection with a public street.
4.
No fence shall be constructed which will constitute a traffic hazard nor shall be constructed within one (1) foot of any street right-of-way.
5.
No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous. This would include barbed wire, electrically charged or otherwise detrimental to persons, except as stated herein. Barbed wire fences may be constructed in the agricultural districts; and barbed wire may be used in the industrial districts and the "B-3" District, but only as a component of security or anti-climb fences with such component not less than eight (8) feet above the outside adjacent grade. The use of barbed wire arms is limited to those not larger than eighteen (18) inches, and upon attachment of the arm, the extended portion of the arm and wire shall not extend beyond any property lines.
6.
No fence, except fences erected upon public or parochial school grounds or in public parks and in public playgrounds, shall be constructed of a height greater than eight (8) feet in the industrial districts, not including barbed wire arm attachments on security fences, which may extend an additional two (2) feet. In the business and residential districts, fences shall not exceed eight (8) feet in height, except for hedges and shrubs, which do not have a height restriction, except as noted otherwise in this Chapter. In the "B-3" District, any security or anti-climb fence that includes barbed wire tops may be constructed up to eight (8) feet tall and the barbed wire security component may extend an additional two (2) feet above the standard height.
7.
All fences shall be constructed to face the neighboring property with its structural elements on the building side of the fence. A shadow-box style fence shall be considered compliant with this provision.
8.
On lots with more than one (1) front yard (e.g., corner lots or double frontage lots) as defined in this Chapter shall construct a front yard fence as defined herein where required and rear and side and rear yards may have other fences that meet the standards of this Section.
9.
These fence regulations are independent of any rules or regulations imposed by homeowners' associations or other agencies not affiliated with the City of Smithville.
10.
Any provision of Section 400.575(C) to the contrary notwithstanding, the repair or replacement of fifteen percent (15%) or more of any portion of an existing fence shall trigger the requirement that the entire fence be brought into compliance with this Section.
Section 400.355 Home Occupations.
[R.O. 1991 § 400.355; Ord. No. 2865-13 § 1(Exh. A § 400.355), 4-2-2013]
A.
Home occupations shall be permitted in the "A-1," "R-S," "R-1," "R-2," "R-3" and "R-4" Districts.
B.
Restrictions And Limitations.
1.
The home occupation shall be incidental and subordinate to the principal residential use of the premises and not more than twenty-five percent (25%) of the floor area of any one (1) floor of a dwelling unit or one (1) room, whichever is the smaller, shall be used for a home occupation.
2.
No outdoor storage of materials or equipment used in the home occupation shall be permitted.
3.
No alteration of the exterior of the principal residential building shall be made which changes the character thereof as a residence. The home occupation shall be carried on entirely within the principal residential structure and under no circumstances shall the home occupation be carried on within a detached accessory building.
4.
No sign shall be permitted unless required by State Statute and, if so required, shall not exceed two (2) square feet in area, shall not be illuminated and shall be placed flat against the main wall of the building.
5.
No person shall be engaged in such home occupation other than a person occupying such dwelling unit as his/her residence.
6.
No equipment shall be utilized that creates a nuisance due to noise or electrical interference.
7.
Parking generated by the conduct of a home occupation shall be provided off-street in an area other than the required front yard.
8.
No commodities shall be displayed or sold on the premises except that which is produced on the premises.
C.
Particular Home Occupations Permitted. Customary home occupations include, but are not limited to, the following list of occupations; provided however, that each listed occupation is subject to the requirements of Subsection (B)(1) — (7) above:
1.
Art, dancing and music schools provided that instruction is limited to five (5) pupils at one time.
2.
Professional offices for architects, engineers, planners, lawyers, accountants, bookkeepers and similar professions.
3.
Offices for realtors, insurance agents, brokers, sales representatives and manufacturing representatives when no exchange of tangible goods is made on the premises.
4.
Radio, television, phonograph, recorder and small appliance repair services.
5.
Day care centers caring for less than five (5) unrelated children.
6.
Home crafts and hobbies such as model making, rug weaving, lapidary work, cabinet making, etc.
7.
Tailoring, alterations and seamstresses.
8.
Saw filing.
9.
Tourist homes.
10.
Beauty and barber services.
D.
Particular Home Occupations Prohibited. Permitted home occupations shall not in any event include the following:
Section 400.360 Recreational Vehicle Parking And Storage.
[R.O. 1991 § 400.360; Ord. No. 2865-13 § 1(Exh. A § 400.360), 4-2-2013]
A.
Major recreational equipment such as, but not limited to, boats, boat trailers, travel trailers, pickup campers or coaches, camping buses or converted trucks and tent trailers may be stored upon residential property subject to the following requirements:
1.
A paved parking surface for said vehicles is not required.
2.
Parking of said vehicles shall not exceed two (2) in number.
3.
Parking of said vehicles shall be permitted upon residential property owned or secured by long-term lease by the owner of said vehicle. Parking of vehicles belonging to guests of the property owner shall be permitted provided that such vehicles shall not be parked on said property in excess of fourteen (14) days in any twelve (12) month period.
4.
Parking of said vehicle shall not protrude over or upon any sidewalk or adjacent roadway.
5.
Residing in recreational vehicles on private property shall not exceed a total of fourteen (14) days in any twelve (12) month period.
6.
Said recreational vehicles shall be properly licensed at all times.
7.
Said recreational vehicles shall not be used for storage of items unrelated to the use of said vehicle.
Section 400.365 Animal Care Facilities.
[R.O. 1991 § 400.365; Ord. No. 2915-15 § 3, 2-3-2015]
A.
Intent. The intent of this supplementary district regulation is to insure that in all districts where animal care facilities are located, the adjoining properties to such use are sufficiently protected from harmful or offensive sounds, smells and traffic. With these protections in place, all animal care facilities may be operated in all agricultural, business and industrial districts so long as all requirements herein are met.
B. ANIMAL HOSPITAL ANIMALS ANIMAL SHELTER BOARDING KENNEL COMMERCIAL KENNEL CONTRACT KENNEL INDOOR FACILITIES OUTDOOR FACILITIES PET SHOP POUND
Definitions. All provisions of this Section are subject to the following specific definitions:
Any facility operated by a licensed veterinarian where veterinarian services are provided, and may also include grooming, training or boarding services.
Any dog or cat, which is being used, or is intended for use, for research, teaching, testing, breeding, or exhibition purposes, or as a pet.
A facility which is used to house or contain animals, which is owned, operated, or maintained by an incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other not-for-profit organization devoted to the welfare, protection, and humane treatment of such animals, or a person whose primary purpose is to act as an animal rescue, to collect and care for unwanted animals or to offer them for adoption.
A place or establishment, other than a pound or animal shelter, where animals, not owned by the proprietor, are sheltered, fed, and watered in return for a consideration; however, boarding kennel shall not include hobby or show breeders who board intact females for a period of time for the sole purpose of breeding such intact females, and shall not include individuals who temporarily, and not in the normal course of business, board or care for animals owned by other individuals.
A kennel which performs grooming or training services for animals, and may or may not render boarding services in return for a consideration.
Any facility operated by any person or entity other than the State or any political subdivision of the State, for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted animals, on behalf of and pursuant to a contract with the State or any political subdivision.
Any kennel, shelter, pet shop or pound that has all aspects of the animal care completed inside a building that is conditioned with heat and air throughout. Outdoor use of such a facility for animal care would be limited to situations where the animals are released outside in a controlled area and at all times supervised by a person capable of quieting or controlling such animals.
Any kennel, shelter, pet shop or pound that has any aspect of the animal care completed outside a building that is conditioned with heat and air throughout where such animals are not supervised by a person at any part of such time outside, or inside a building not conditioned with heat and air throughout.
Any facility where animals are bought, sold, exchanged, or offered for retail sale to the general public.
A facility operated by the State or any political subdivision of the State for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals.
C.
In agricultural and industrial districts, animal hospitals, as well as indoor and outdoor facilities, may be operated, so long as any such outdoor facility is located no less than three hundred (300) feet from an adjoining residential structure.
D.
In business districts, only animal hospitals and indoor facilities may be operated.
Section 400.370 Accessory Uses.
[R.O. 1991 § 400.370; Ord. No. 2865-13 § 1(Exh. A § 400.370), 4-2-2013; Ord. No. 3266-25, 7-1-2025]
A.
Accessory uses are permitted in any zoning district in connection with any principal use that is permitted.
B.
Definition. An "accessory use" is a structure or use which:
1.
Is subordinate to and serves a principal building and principal use;
2.
Is subordinate in area, extent or purpose to the principal building or buildings served;
3.
Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or principal use served;
4.
Is located on the same lot as the principal building or principal use served.
C.
Permitted Accessory Uses. Any structure or use that complies with the terms of Subsection (B) may be allowed as an accessory use or structure (accessory structures and uses include, but are not limited to, the following list of examples); provided that in each case such structure must fit the general definition of "accessory use" contained in Subsection (B) of this regulation.
2.
A structure for storage incidental to a permitted use provided no such structure that is accessory to a residential building shall exceed one hundred fifty (150) square feet in gross floor area.
3.
A child's playhouse.
4.
A private swimming pool and bathhouse.
5.
A guest house (without kitchen facilities) or rooms for guests in accessory building, provided such facilities are used for the occasional housing of guests of the occupants of the principal building and not as rental units for permanent occupancy as housekeeping units.
6.
Statuary, arbors, trellises, barbecue stoves, woodpiles for home use, flagpoles, fences, walls, hedges and radio and television antennas.
7.
Fallout shelters, provided that they shall not be used for any principal or accessory use not permitted in the zoning district.
9.
Off-street parking and loading spaces as regulated by Article III, Division 2 of these regulations.
10.
Storage of major recreational equipment, such as boats, boat trailers, camping trailers, converted buses or trucks, house trailers, provided no part of such storage area is located in the front yard setback in accordance with Section 400.360.
11.
Restaurants, drug stores, gift shops, swimming pools, tennis courts, club and lounges and newsstands when located in a permitted hotel, motel or office building.
12.
Employee restaurants and cafeterias when located in a permitted business or manufacturing or industrial building.
13.
Offices for permitted business and industrial uses when said office is located on the same site as the business or industry to which it is an accessory.
14.
Retail sales for permitted industrial uses when located on the same site as the industrial use.
15.
The storage of retail merchandise when located within the same building as the principal retail business.
D.
Prohibited Accessory Uses. None of the following shall be permitted as an accessory use:
E.
Accessory Uses Permitted By Conditional Use. The following accessory uses shall only be permitted upon approval of a conditional use application:
1.
Telecommunications or television tower.
2.
Amateur radio tower.
3.
Accessory dwelling units subject to the following requirements:
a.
Location And Construction.
(1)
May only be authorized if located on land within zoning districts A-1, A-R, R-1A, R-1B, R-1C, R-1D or B-4.
(2)
An ADU may either be located within the principal structure with no direct communication between the two (2) units or may be a separate structure.
(3)
Only one (1) ADU may be constructed on the lot or parcel.
(4)
All water, sewer or septic, and solid waste services to the property must be through the primary structure's service. Electric, phone, cable, gas or other service may be served by separate meters and/or services.
(5)
The ADU shall be constructed in full compliance with the then adopted building and property maintenance codes, including an approved frost protected foundation.
b.
Ownership, Use And Occupancy.
(1)
Any land with an ADU must be under one ownership and the owner must occupy either the principal structure or the ADU.
(2)
The ADU shall be occupied by no more than two (2) adults unrelated by blood, marriage or civil union.
(3)
The minimum rental term for either structure shall be not less than thirty (30) days.
(4)
No ADU shall operate any home occupation.
(5)
No ADU's may be occupied without a valid certificate of occupancy.
(6)
All ADU's must reapply for a new certificate of occupancy every three (3) years where the owner certifies compliance with the provisions herein.