Sullivan, MO Zoning Ordinance

Section 400.530 District Regulations.

[Ord. No. 2974 §1(Art. 10 §146), 11-2-2004; Ord. No. 3001 §1, 5-17-2005; Ord. No. 3030 §1, 9-20-2005; Ord. No. 3055 §1, 1-17-2006; Ord. No. 3121 §1, 12-19-2006; Ord. No. 3246 §1, 5-20-2008; Ord. No. 3354 §1, 8-18-2009; Ord. No. 3471 §1, 6-20-2011; Ord. No. 3482 §1 9-6-2011; Ord. No. 3535 §1, 9-25-2012; Ord. No. 3632 § 1, 6-17-2014; Ord. No. 3660 § 1, 3-3-2015; Ord. No. 3729 § 1, 5-17-2016; Ord. No. 3748 §1, 9-20-2016; Ord. No. 3848, 6-18-2019; Ord. No. 3860, 8-6-2019; Ord. No. 3861, 8-6-2019; Ord. No. 3862, 8-6-2019; Ord. No. 3863, 8-6-2019; Ord. No. 3959, 7-19-2022; Ord. No. 3981, 11-15-2022; Ord. No. 3984, 12-6-2022; Ord. No. 4005, 11-21-2023; Ord. No. 4014, 2-20-2024]

Table 400.530 District Regulations is included as an attachment to this Chapter.

Section 400.533 Use of the Designations Z, C in Table of Permissible Uses.

[Ord. No. 2974 §1(Art. 10 §147), 11-2-2004]

Subject to Section 400.535, when used in connection with a particular use in the Table of Permissible Uses (Section 400.530), the letter "Z" means that the use in Table of Permissible Uses is permissible in the indicated zone with a zoning permit issued by the Administrator. The letter "C" means a conditional use permit must be obtained from the Planning and Zoning Commission.

When used in connection with residential uses (use classification 1.000), the designation "ZC" means that such developments of less than five (5) dwelling units do not require a conditional use permit.

When used in connection with non-residential uses, the designation "ZC" means that such developments require a zoning permit if the lot to be developed is less than one and one-half (1 1/2) acres in size and a conditional use permit if the lot is one and one-half (1 1/2) acres or larger in area.

Use of the designation "ZC" for combination uses is explained in Section 400.550.

Section 400.535 Planning and Zoning Commission Jurisdiction Over Uses Otherwise Permissible With a Zoning Permit.

[Ord. No. 2974 §1(Art. 10 §148), 11-2-2004]

Notwithstanding any other provisions of this Article, whenever the Table of Permissible Uses (interpreted in the light of Section 400.533 and the other provisions of this Article) provides that a use in a non-residential zone or a non-conforming use in a residential zone is permissible with a zoning permit, a conditional use permit shall nevertheless be required if the Administrator finds that the proposed use would have an extraordinary impact on neighboring properties or the general public. In making this determination, the Administrator shall consider, among other factors, whether the use is proposed for an undeveloped or previously developed lot, whether the proposed use constitutes a change from one principal use classification to another, whether the use is proposed for a site that poses peculiar traffic or other hazards or difficulties and whether the proposed use is substantially unique or is likely to have impacts that differ substantially from those presented by other uses that are permissible in the zoning district in question.

Section 400.538 Permissible Uses and Specific Exclusions.

[Ord. No. 2974 §1(Art. 10 §149), 11-2-2004]

The presumption established by these regulations is that all legitimate uses of land are permissible within at least one (1) zoning district in the City. Therefore, because the list of permissible uses set forth in Section 400.530 (Table of Permissible Uses) cannot be all inclusive, those uses that are listed shall be interpreted liberally to include other uses that have similar impacts to the listed uses.

Notwithstanding Subsection (A), all uses that are not listed in Section 400.530 (Table of Permissible Uses), even given the liberal interpretation mandated by Subsection (A), are prohibited. Nor shall Section 400.530 (Table of Permissible Uses) be interpreted to allow a use in one (1) zoning district when the use in question is more closely related to another specified use that is permissible in other zoning districts.

Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited in all districts:

Any use that involves the manufacture, handling, sale, distribution or storage of any highly combustible or explosive materials, including fireworks.

Use of a travel trailer or tent as a temporary or permanent residence.

Use of a manufactured house (mobile home) for any purpose other than a residence.

The use of an over the road truck trailer for a storage building or sign.

Pursuant to Table 400.530, there shall be a thousand-foot (1,000 ft) buffer from an existing elementary or secondary school, child day-care center or a church for the following Uses:

[Ord. No. 3864, 8-6-2019]

Use 2.300 pertaining to Medical Marijuana Dispensary Facilities,

Use 4.300 pertaining to Medical Marijuana-Infused Products Manufacturing Facilities,

Use 4.400 pertaining to Medical Marijuana Testing Facilities, and

Use 25.300 pertaining to Medical Marijuana Cultivation Facilities.

The thousand-foot (1,000 ft) buffer shall be measured per the regulations of the Missouri Department of Health and Senior Services.

Section 400.540 Accessory Uses.

[Ord. No. 2974 §1(Art. 10 §150), 11-2-2004]

The Table of Permissible Uses (Section 400.530) classifies different principal uses according to their different impacts. Whenever an activity (which may or may not be separately listed as a principal use in this table) is conducted in conjunction with another principal use and the former use:

Constitutes only an incidental or insubstantial part of the total activity that takes place on a lot; or

Is commonly associated with the principal use and integrally related to it, then the former use may be regarded as accessory to the principal use and may be carried on underneath the umbrella of the permit issued for the principal use. For example, a swimming pool/tennis court complex is customarily associated with and integrally related to a residential subdivision or multi-family development and would be regarded as accessory to such principal uses, even though such facilities, if developed apart from a residential development, would require a conditional use permit (use classification 6.210).

For purposes of interpreting Subsection (A):

A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself or in relation to the principal use;

To be "commonly associated" with a principal use it is not necessary for an accessory use to be connected with such principal use more times than not, but only that the association of such accessory use with such principal use takes place with sufficient frequency that there is common acceptance of their relatedness.

Without limiting the generality of Subsections (A) and (B), the following activities, so long as they satisfy the general criteria set forth above, are specifically regarded as accessory to residential principal uses:

Offices or studios within an enclosed building and used by an occupant of a residence located on the same lot as such building to carry on administrative or artistic activities of a commercial nature, so long as such activities do not fall within the definition of a home occupation.

Hobbies or recreational activities of a non-commercial nature.

The renting out of one (1) or two (2) rooms within a single-family residence (which one (1) or two (2) rooms do not themselves constitute a separate dwelling unit) to not more than two (2) persons who are not part of the family that resides in the single-family dwelling.

Yard sales or garage sales, so long as such sales are not conducted on the same lot more than twice and for no more than four (4) days duration each during any twelve (12) month period.

Without limiting the generality of Subsections (A) and (B), the following activities shall not be regarded as accessory to a residential principal use and are prohibited in residential districts.

Storage outside of a substantially enclosed structure of motor vehicles that are neither licensed nor operational.

Parking outside a substantially enclosed structure of more than four (4) motor vehicles between the front building line of the principal building and the street on any lot used for purposes that fall within the following principal use classifications: 1.100, 1.200 or 1.400.

Section 400.543 Permissible Uses Not Requiring Permits.

[Ord. No. 2974 §1(Art. 10 §151), 11-2-2004]

Notwithstanding any other provisions of these regulations, no zoning or conditional use permit is necessary for the following uses:

Streets.

Electric power, telephone, telegraph, cable television, gas, water and sewer lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way.

Neighborhood utility facilities located within a public right-of-way with the permission of the owner (State or City) of the right-of-way.

Section 400.545 Change in Use.

[Ord. No. 2974 §1(Art. 10 §152), 11-2-2004]

A substantial change in use of property occurs whenever the essential character or nature of the activity conducted on a lot changes. This occurs whenever:

The change involves a change from one principal use category to another.

If the original use is a combination use (29.000) or planned unit development (30.000), the relative proportion of space devoted to the individual principal uses that compose the combination use or planned unit development use changes to such an extent that the parking requirements for the overall use are altered.

If the original use is a combination use or planned unit development use, the mixture of types of individual principal uses that comprise the combination use or planned unit development use changes.

If the original use is a planned residential development, the relative proportions of different types of dwelling units change.

If there is only one (1) business or enterprise conducted on the lot (regardless of whether that business or enterprise consists of one (1) individual principal use or a combination use), that business or enterprise moves out and a different type of enterprise moves in (even though the new business or enterprise may be classified under the same principal use or combination use category as the previous type of business). For example, if there is only one (1) building on a lot and a florist shop that is the sole tenant of that building moves out and is replaced by a clothing store, that constitutes a change in use even though both tenants fall within principal use classification 2.111. However, if the florist shop were replaced by another florist shop, that would not constitute a change in use since the type of business or enterprise would not have changed. Moreover, if the florist shop moved out of a rented space in a shopping center and was replaced by a clothing store, that would not constitute a change in use since there is more than one (1) business on the lot and the essential character of the activity conducted on that lot (shopping center—combination use) has not changed.

A mere change in the status of property from unoccupied to occupied or vice versa does not constitute a change in use. Whether a change in use occurs shall be determined by comparing the two (2) active uses of the property without regard to any intervening period during which the property may have been unoccupied, unless the property has remained unoccupied for more than three hundred sixty-five (365) consecutive days or has been abandoned.

A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a change in use.

Section 400.548 Developments in the "C-5" Zoning District.

[Ord. No. 2974 §1(Art. 10 §153), 11-2-2004]

The 2.000, 3.000 and 4.000 classifications in the Table of Permissible Uses are written in very broad terms. However, it is the intention of these regulations that uses described in those classifications are permissible in an area zoned "C-5" only when the particular use is in accordance with the objectives of the "C-5" zoning district set forth in Section 400.505. Thus, tourist-oriented retail stores or outlet stores that are oriented toward interstate traffic are permitted, while major grocery stores that are primarily oriented toward and draw their business mostly from area residents are not.

Section 400.550 Combination Uses.

[Ord. No. 2974 §1(Art. 10 §154), 11-2-2004]

When a combination use comprises two (2) or more principal uses that require different types of permits (zoning or conditional use), then the permit authorizing the combination use shall be:

A conditional use permit if any of the principal uses combined requires a conditional use permit.

A zoning permit in all other cases.

This is indicated in the Table of Permissible Uses by the designation "ZC" in each of the columns adjacent to the 29.000 classification.

When a combination use consists of a single-family detached residential subdivision that is not architecturally integrated (see Section 400.635) and two-family or multi-family uses, the total density permissible on the entire tract shall be determined by having the developer indicate on the plans the portion of the total lot that will be developed for each purpose and calculating the density for each portion as if it were a separate lot.

When a combination use consists of a single-family detached, architecturally integrated subdivision and two-family or multi-family uses, then the total density permissible on the entire tract shall be determined by dividing the area of the tract by the minimum square footage per dwelling unit specified in Section 400.620.

Section 400.553 More Specific Use Controls.

[Ord. No. 2974 §1(Art. 10 §155), 11-2-2004]

Whenever a development could fall within a more than one (1) use classification in the Table of Permissible Uses (Section 400.530), the classification that most closely and most specifically describes the development controls. For example, a small doctor's office or clinic clearly falls within the 3.110 classification (office and service operations conducted entirely indoors and designed to attract customers or clients to the premises). However, classification 3.130, "office or clinics of physicians or dentists with not more than ten thousand (10,000) square feet of gross floor area" more specifically covers this use and therefore is controlling.

Sullivan City Zoning Code

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