Smithville City Zoning Code
EXCEPTIONS AND
MODIFICATIONS
§ 153.070 GENERAL.
Requirements and regulations specified in this chapter shall be subject to the exceptions, modifications and interpretations set forth in this subchapter.
(Ord. 76-43, passed 12-13-1976)
§ 153.071 EXISTING LOTS OF RECORD.
In any district where dwellings are permitted a one- family detached dwelling may be erected on any lot of official record as of the effective date of this chapter, irrespective of its area or width, provided the owner of the lot does not own any adjoining property, except that no lot shall be deemed to be less than 50 feet wide for the calculation of yard requirements and provided further:
(A) The sum of the side yard widths on any such lot need not exceed 30% of the width of the lot, but in no case shall the width of any side yard be less than then 10% of the width of the lot, provided, however, that on a corner lot the width of the side yard adjoining the side street lot line shall not be less than eight feet or 20% of the frontage, whichever is the greater.
(B) The depth of the rear yard on any such lot need not exceed 20% of the depth of the lot, but in no case shall it be less than 20 feet.
(C) Where three or more contiguous unimproved lots of record with less than the required area and width are held. by one owner the Commission may require replatting to fewer lots to permit compliance with minimum yard requirements.
(Ord. 76-43, passed 12-13-1976)
§ 153.072 HEIGHT.
(A) The height regulations prescribed herein shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors and flagpoles, except where the height of such structures will constitute a hazard to the safe landing and take-off of aircraft at an established airport.
(B) Public, semi-public or public service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding 60 feet, and churches and temples may be erected to a height not exceeding 75 feet when the required side and rear yards are each increased by one foot for each foot of additional building height above the height regulations for the district In which the building is located.
(Ord. 76-43, passed 12-13-1976)
§ 153.073 FRONT YARDS.
(A) When 50% or more of the frontage on one side of the street between two intersecting streets is improved with buildings that have a front yard which is greater or less than the required front yard in the district, no building shall project beyond the average front yard so established, provided, however, that a front yard depth shall not be required to exceed 50% in excess of the front yard otherwise required in the district in which the lot is located.
(B) On lots having double frontage the required front yard shall be provided on both streets.
(C) An open, uncovered porch or paved terrace may project into a required front yard for a distance of not more than ten feet, but this shall not be interpreted to include or permit fixed canopies.
(D) Off-street parking facilities may be located within the required front yard of any “C” District or “M” District but shall not be nearer than 50 feet to any “A” or “R” District, and no off-street parking shall be permitted in the required front yard of any “A” or “R” District.
(Ord. 76-43, passed 12-13-1976)
§ 153.074 SIDE YARDS.
(A) On a corner lot, the width of the yard along the side street shall not be less than any required front yard on such street, provided, however the buildable width of a lot of record shall not be reduced to less than 40 feet.
(B) No accessory building shall project beyond a required yard line along any street.
(C) Where dwelling units are erected above commercial establishments no side yard is required except when required for the commercial building on the side of a lot adjoining a residential district.
(D) A canopy may project into a required side yard provided every part such canopy is unenclosed.
(E) For the purpose of side yard regulation, a two- family dwelling or multiple dwelling shall be considered as one building occupying one lot.
(F) An owner of a dwelling erected prior to the effective date of this chapter may be permitted to enlarge or structurally alter such dwelling to provide additional enclosed space for living or garage purposes, provided, however, that no side yard shall be reduced to less than five feet.
(G) Where a lot of record at the time of the effective date of this chapter is of less width than the minimum lot width required in the district in which the lot is located, the minimum side yard may be reduced to 10% of the width of the lot, provided, however, that no side yard be less than five feet.
(Ord. 76-43, passed 12-13-1976)
§ 153.075 REAR YARDS.
(A) Where a lot abuts upon an alley, one-half the alley width may be considered as part of the required rear yard.
(B) An accessory building, not exceeding 20 feet in height may occupy not to exceed 30%; and unenclosed parking spaces may occupy not to exceed 90% of the area of a required rear yard, but no accessory building shall be closer than ten feet to any rear lot line.
(Ord. 76-43, passed 12-13-1976)
§ 153.076 SETBACK FROM PUBLICLY ESTABLISHED DRAINAGE DITCHES.
In all districts a setback of 40 feet from the center line of a publicly established drainage ditch shall be provided for all buildings or structures erected along such ditch.
(Ord. 76-43, passed 12-13-1976)
§ 153.077 LANDSCAPING AND SCREENING PROVISIONS.
For non-residential uses abutting “F” or “R” Districts the minimum yards may be reduced to 50% of the stated requirements if acceptable landscaping or screening, approved by the Zoning Inspector, is provided. The screening shall be a masonry of solid fence between four and six feet In height, maintained in good condition and free of all advertising or other signs. Landscaping, provided in lieu of such wall or fence shall consist of a strip of land not less than 15 feet in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet in height.
(Ord. 76-43, passed 12-13-1976)
§ 153.078 VARIANCE PROCEDURES.
The Board of Zoning Appeals shall have the power, in specific cases, to vary the application of certain provisions of this Code in order that the public health, safety, morals and general welfare may be safeguarded and substantial justice done. The Board may authorize upon appeal in specific cases such variance from the terms of this Zoning Code as will not be contrary to the public interest according to the following procedures:
(A) Application requirements. An application for a variance shall be filed with the Zoning Administrator for review by the Board of Zoning Appeals upon the forms provided, and shall be accompanied by the submission requirements in submission requirements for variance requests.
(B) Review for completeness. Within 30 days after receiving an application for variance, the Zoning Administrator shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Zoning Administrator shall notify the applicant of the necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Zoning Administrator shall officially accept the application for consideration of the action(s) requested on the date such determination is made and place it on the Board of Zoning Appeals' agenda.
(C) Review by the Board. According to the procedures established for appeals, the Board shall hold a public hearing and give notice of the same. The Board shall review each application for a variance to determine if it complies with the purpose and intent of this Planning and Zoning Code and evidence demonstrates that the literal enforcement of this Planning and Zoning Code will result in practical difficulty or unnecessary hardship.
(1) Area variance. The following factors shall be considered and weighed by the Board to determine practical difficulty:
(a) Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning district. Examples of such special conditions or circumstances are exceptional irregularity; narrowness, shallowness or steepness of the lot; or proximity to non-conforming and inharmonious uses, structures or conditions;
(b) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(c) Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures;
(d) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;
(e) Whether the variance would adversely affect the delivery of governmental services such as water, sewer, trash pickup;
(f) Whether the property owner purchased the property with knowledge of the zoning restrictions;
(g) Whether special conditions or circumstances exist as a result of actions of the owner;
(h) Whether the property owner's predicament feasibly can be obviated through some method other than a variance;
(i) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance;
(j) Whether the granting of the variance requested will confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district; and
(k) Whether a literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Code.
(2) Use variance. In order to grant a use variance, the Board of Zoning Appeals shall determine that strict compliance with the terms of this Zoning Code will result in unnecessary hardship to the applicant. The applicant must demonstrate such hardship by clear and convincing evidence that all of the following criteria are satisfied:
(a) The property cannot be put to any economically viable use under any of the permitted uses in the zoning district in which the property is located;
(b) The variance requested stems from a condition which is unique to the property at issue and not ordinarily found in the same zone or district;
(c) The hardship condition is not created by actions of the applicant;
(d) The granting of the variance will not adversely affect the rights of adjacent property owners or residents;
(e) The granting of the variance will not adversely affect the public health, safety or general welfare;
(f) The variance will be consistent with the general spirit and intent of the Zoning Code; and
(g) The variance sought is the minimum that will afford relief to the applicant.
(D) Requests for additional information. The Board of Zoning Appeals may request that the applicant supply additional information that the Board deems necessary to review and evaluate the request for a variance.
(E) Additional conditions and safeguards. The Board may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the reguiation(s) or provision(s) to which the variance applies will be met.
(F) Action by the Board. The Board shall act according to the procedures established for appeals.
(1) The Board shall either:
(a) Approve;
(b) Approve with supplementary conditions; or
(c) Disapprove the request for appeal, variance, or exception.
(2) The Board shall further make specific findings of fact based directly on the particular evidence presented that the reasons set forth in the application and as presented by the applicant during the public hearing, justify the granting of the variance that will make possible a reasonable use of the land, building, or structure.
(G) Term and extension of variance. Variances shall expire two years from the date of their enactment, unless prior thereto, the applicant commences actual construction in accordance with the granted variance or an extension of time has been granted by the Board of Zoning Appeals. There shall be no modification of variances except by further consideration of the Board. Once the time limit pursuant to this section has expired, a request for a variance shall be considered to be a new application for a variance and shall meet all requirements for application and review pursuant to this section.
(Ord. 2018-11, passed 4-30-2018)