Tarkio City Zoning Code
ARTICLE I
General Provisions
Section 405.010 Short Title.
[R.O. 2013 §405.010; CC 1991 §400.010; CC §42.010; Ord. No. 22.09 §1, 10-30-1967]
This Chapter will be known and may be cited and referred to as the Zoning Code of the City of Tarkio.
Section 405.020 Definitions.
[R.O. 2013 §405.020; CC 1991 §400.020; CC §42.020; Ord. No. 22.09 §2, 10-30-1967]
For the purpose of this Chapter, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure" and the word "shall" is mandatory and not directory.
A subordinate building which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.
A subordinate use which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.
A public or private thoroughfare which affords only a secondary means of access to abutting property.
A story having part but not more than one-half (½) basement is counted as a story for the purpose of height regulation if subdivided and used for dwelling purposes other than by a janitor employed on the premises.
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot.
See "LODGING HOUSE".
The width of the lot left to be built upon after the side yards are provided.
Any structure having a roof supported by columns or walls built for the support, shelter or enclosure of persons, animals, chattels or property of any kind but not including any vehicle, trailer (with or without wheels) nor any movable device such as furniture, machinery or equipment. When any portion of a building is completely separated from any other portion thereof by a division wall without openings or by a fire wall, then each such portion shall be deemed to be a separate building.
The vertical distance from the grade to the highest point of the coping of a flat roof, or the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roof.
A story having more than one-half (½) of its height below grade.
An establishment where patients are not lodged overnight but are admitted for examination and treatment by a group of physicians or dentists practicing medicine together.
Any building or portion thereof which is designed and used exclusively for residential purposes.
A building designed for or occupied exclusively by more than two (2) families.
Any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home. In the case of any such residential home for mentally or physically handicapped persons, the local zoning authority may require that the exterior appearance of the home and property be in reasonable conformance with the general neighborhood standards. Further, the local zoning authority may establish reasonable standards regarding the density of such individual homes in any specific single-family dwelling neighborhood.
Any private residence licensed by the Division of Family Services or Department of Mental Health to provide foster care to one (1) or more but less than seven (7) children who are unrelated to either foster parent by blood, marriage or adoption.
A building designed for or occupied exclusively by two (2) families.
One (1) or more rooms in a dwelling occupied or intended to be occupied as separate living quarters by a single-family as defined herein.
One (1) or more persons related by blood, marriage or adoption, occupying a dwelling unit as an individual housekeeping organization. A family may include not more than two (2) persons not related by blood, marriage or adoption.
An area which is used for the growing of the usual farm products, such as vegetables, fruit, trees and grain and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals, such as horses, cattle, sheep and swine. The term "farming" includes the operating of such an area for one (1) or more of the above uses, including dairy farms with the necessary accessory uses for treating or storing the produce; provided however, that the operation of such accessory uses shall be secondary to that of the normal farming activities and, provided further, that farming does not include the feeding of collected garbage or offal to swine or other animals.
The total number of square feet of floor space within the exterior walls of a building, not including space in cellars or basements; however, if the cellar or basement is used for business or commercial purposes, it shall be counted as floor area in computing off-street parking requirements.
All the property on one (1) side of a street between two (2) intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one (1) side between an intersecting street and the dead-end of the street, but not including property more than four hundred (400) feet distant on either side of a proposed building or structure.
A detached accessory building, or portion of the main building, housing the automobiles of the occupants of the premises.
Any building or premises, except those used as a private or storage garage, used for equipment, repairing, hiring, selling or storing motor-driven vehicles. The term "repairing" shall not include an automotive body repair shop nor the rebuilding, dismantling or storage of wrecked or junked vehicles.
The average level of the finished surface of the ground for buildings more than five (5) feet from a street line. For buildings closer than five (5) feet to a street line, the grade is the sidewalk elevation at the center of the building. If there is more than one (1) street, an average sidewalk elevation is to be used. If there is no sidewalk, the Building Inspector shall establish the sidewalk grade.
Any home in which eight (8) or fewer unrelated mentally or physically handicapped persons reside, and may include two (2) additional persons acting as houseparents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home.
Any occupation or profession carried on by a member of the immediate family, residing on the premises, in connection with which there is used no sign other than a name plate, or no display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling; there is no commodity sold upon the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except such as is permissible for purely domestic household purposes.
A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradistinction to a boardinghouse or lodging house as herein defined.
A building occupied by a non-profit corporation or a non-profit establishment for public use.
A business that provides home-type washing, drying or ironing machines for hire to be used by customers on the premises.
A building or place where lodging and boarding is provided (or which is equipped regularly to provide lodging and boarding by pre-arrangement for definite periods), for compensation, for three (3) or more but not exceeding twelve (12) individuals, not open to transient guests, in contradistinction to hotels open to transients.
A parcel of land occupied or intended for occupancy by a use permitted in this Chapter, including one (1) main building together with its accessory buildings, open spaces and parking spaces required by this Chapter, and having its principal frontage upon a street.
A lot abutting upon two (2) or more streets at their intersection.
The mean horizontal distance between the front and rear lot lines.
A lot having a frontage on two (2) non-intersecting streets as distinguished from a corner lot.
A lot or parcel of land, the deed of which has been recorded in the office of the County Recorder of Atchison County, Missouri, prior to the adoption of this Chapter.
Rural Agricultural Low-Density District is intended for neighborhoods in the City consisting primarily of single-family homes on individual building lots. The Low Agriculture District is the least intense of agriculture zoning districts with restrictions on the density and intensity of use to protect and enhance the character of neighborhoods.
[Ord. No. 213.19; 2-13-2019]
Any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located on the lot and designed, used or intended wholly or in part for the accommodation of automobile transients.
Any building or land lawfully occupied by a use on October 30, 1967 or amendment to this Chapter which does not conform after the passage of this Chapter or amendment thereto with the use regulations of the district in which it is situated.
A home for the aged or infirm in which three (3) or more persons not of the immediate family are received, kept or provided with food and shelter or care, for compensation, but not including hospitals, clinics or similar institutions.
An area, enclosed or unenclosed, sufficient in size to store one (1) automobile, together with a driveway connecting the parking space with a street, road or alley and permitting ingress and egress of an automobile.
A lot, together with all buildings and structures thereon.
Any building or premises used for the sale, at retail, of motor vehicle fuels, oils or accessories, or for servicing or lubricating motor vehicles, or installing or repairing parts and accessories, but not including the repairing or replacement of motors, bodies or fenders of motor vehicles, or painting motor vehicles, and excluding public garages.
An identification, description, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land and which directs attention to a product, place, activity, person, institution or business.
A structure not less than one hundred twenty-eight (128) square feet and not to exceed nine hundred (900) square feet and not exceeding two (2) stories in height. Intended for use as a permanent, single-family residence. The structure must be connected to public utilities (electric, water and sewer). A manufactured home, mobile home or travel unit as defined in this Section is not considered a small house.
[Ord. No. 229.19; 12-4-2019]
Any development, site, parcel or tract of land designated, maintained or intended to be used for the purpose, placement or construction of a small house, as defined in Section 405.020.
[Ord. No. 229.19; 12-4-2019]
That portion of a building, other than a cellar, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level and in which space not more than sixty percent (60%) of the floor area is finished off for use. A half story may be used for occupancy only in conjunction with the occupancy of the floor immediately below.
A public way which affords the principal means of access to abutting property.
Any change except those required by law or ordinance that would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other ordinance.
Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground and including, but not limiting, the generality of the foregoing, advertising signs, billboards, backstops for tennis courts and pergolas.
A vehicle equipped for use as a dwelling and designed to be hauled along a highway.
An area where two (2) or more trailers can be or are intended to be parked, designed or intended to be used as living facilities for one (1) or more families.
An open space on the same lot with a building unoccupied and unobstructed by any portion of the structure from the ground upward, except as otherwise provided in this Chapter.
A yard across the full width of the lot extending from the front line of the main building to the front line of the lot.
A yard extending the full width of the lot between a main building and the rear lot line.
A yard between the main building and the side line of the lot and extending from the front yard line to the rear yard line.
Section 405.030 District Boundaries and General Regulations.
[R.O. 2013 §405.030; CC 1991 §400.030; CC §42.030; Ord. No. 22.09 §3, 10-30-1967]
A.
In order to classify, regulate and restrict the locations of trades, industries, and the location of buildings designed for specified uses; to regulate and limit the height and use of buildings hereafter erected or structurally altered; to regulate and limit the intensity of use and the lot areas; and to regulate and determine the areas of yards, courts, and other open spaces surrounding such buildings, the City is hereby divided into districts of which there shall be eight (8) in number known as:
[Ord. No. 213.19; 2-13-2019]
"R-A" Rural Agricultural District | |
"R-A L" Rural Agricultural Low-Density District | |
"R-1" Residential District | |
"R-2" General Residential District | |
"B-1" General Business District | |
"B-2" Central Business District | |
"I-1" Light Industrial District | |
"I-2" Heavy Industrial District |
B.
The boundaries of these districts are shown upon the "District Map". Said map and all the information shown thereon shall have the same force and effect as if all were fully set forth or described herein. The original of this "District Map" is properly attested and is on file with the City Clerk.
C.
All territory which may hereafter be annexed to the City of Tarkio shall be classified in the "R-A" Agricultural District until, within a reasonable time after annexation, the annexed territory shall be appropriately classified by ordinance.
D.
Whenever any street or other public way is vacated by official action of the City of Tarkio, the zoning district adjoining each side of such street or public way shall be automatically extended to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.
E.
Where uncertainty exists with respect to the boundaries of the various districts as shown on the District Map, the following rules shall apply:
1.
Where a boundary line is given a position within a street, alley or non-navigable stream, it shall be deemed to be in the center of the street, alley or stream, and if the actual location of such street, alley or stream varies slightly from the location as shown on the District Map, then the actual location shall control.
2.
Where a boundary line is shown as being located a specific distance from a street line or other physical feature, this distance shall control.
3.
Where a boundary line is shown adjoining or coincident with a railroad, it shall be deemed to be in the center of the railroad right-of-way and distances measured from a railroad shall be measured from the center of the designated main line track.
4.
Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, such boundaries shall be construed to be the lot lines and where the districts are bounded approximately by lot lines, said lot lines shall be construed to be the boundary of such districts unless said boundaries are otherwise indicated on the map.
5.
In subdivided property, unless otherwise indicated, the district boundary line shall be determined by the use of the scale contained on such map.
F.
Except as hereinafter provided:
1.
No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered nor shall any building or land be used except for the purpose permitted in the district in which the building or land is located.
2.
No building or structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered except in conformity with the height, yard, area per family, parking and other regulations prescribed herein for the district in which the building is located.
3.
The minimum yards and other open spaces including lot areas per family required by this Chapter shall be provided for each and every building or structure hereafter erected, and such minimum yards, open spaces and lot areas for each and every building or structure whether existing on October 30, 1967 or hereafter erected shall not be encroached upon or be considered as a yard or open space requirements for any other building or structure.
4.
Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one (1) main building on one (1) lot unless otherwise provided in this Chapter.