Tarkio City Zoning Code
ARTICLE IX
Additional Regulations
Section 405.390 Non-Conforming Uses.
[R.O. 2013 §405.390; CC 1991 §400.390; CC §42.800; Ord. No. 22.09 Art. XI, 10-30-1967]
A.
The lawful use of a building existing at the time of the adoption of this Chapter may be continued even though such use does not conform with the provisions hereof. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification. The foregoing provisions shall also apply to non-conforming uses in districts as may be hereafter changed. Whenever a non-conforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.
1.
No building which has been damaged by fire, explosion, act of God, or the public enemy to the extent of more than sixty-five percent (65%) of its assessed value shall be restored except in conformity with the regulations of this Chapter.
2.
In the event that a non-conforming use of any building or premises is discontinued or its normal operation stopped for a period of three (3) years, the use of the same shall thereafter conform to the regulations of the district in which it is located.
3.
A non-conforming use occupying only a portion of a building may be extended throughout the building if the same has been lawfully acquired and actually devoted to such use previous to the adoption of this Chapter or to any affecting amendments thereof.
Section 405.400 Additional Height and Area Regulations.
[R.O. 2013 §405.400; CC 1991 §400.400; CC §42.810; Ord. No. 22.09 Art. XII, 10-30-1967]
A.
The district regulations hereinafter set forth in this Article qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Chapter.
1.
Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet if the building is set back from each yard line at least one (1) foot for each two (2) feet of additional building height above the height limit otherwise provided in the district in which the building is located.
2.
Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, spires, wireless towers, grain elevators or necessary mechanical appurtenances are exempt from the height regulations as contained herein.
3.
Accessory buildings may be built in a required rear yard but such accessory buildings shall not occupy more than thirty percent (30%) of a required rear yard and shall not be nearer than two (2) feet to any side or rear lot line, except that when a garage is entered from an alley, it shall not be located closer than ten (10) feet to the alley line. If a garage is located closer than ten (10) feet to the main building, the garage shall be regarded as part of the main building for the purpose of determining side and rear yards.
4.
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes, other than by domestic servants employed entirely on the premises.
5.
Every part of a required yard shall be open to the sky, unobstructed by any structure, except for the projection of sills, belt course, cornices and ornaments and features which are not to exceed twelve (12) inches (except as provided in Subsection (3) above).
6.
No basement or cellar shall be occupied for residential purposes until the remainder of the building has been substantially completed.
7.
Open-lattice enclosed fire escapes, fire-proof outside stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted by the Building Inspector for a distance of not more than three and one-half (3½) feet and where the same are so placed as not to obstruct light and ventilation.
8.
An open unenclosed porch or paved terrace may project into a front yard for a distance not exceeding ten (10) feet. An unenclosed vestibule containing not more than forty (40) square feet may project into a front yard for a distance not to exceed four (4) feet.
9.
Paved terraces, uncovered porches, platforms, and ornamental features which extend more than three (3) feet above the floor level of the ground story may project into a required yard, provided these projections be distant at least two (2) feet from the adjacent side lot line.
10.
For the purpose of the side yard regulations, a two-family dwelling or a multiple dwelling shall be considered as one (1) building occupying one (1) lot.
11.
Where a lot or tract is used for farming or for a commercial or industrial purpose, more than one (1) main building may be located upon the lot or tract, but only when such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located.
12.
In the event that a lot is to be occupied by a group of two (2) or more related buildings to be used for multiple dwellings, institutional, motel or hotel purposes, there may be more than one (1) main building on the lot; provided however, that the open spaces between buildings that are parallel or within forty-five degrees (45°) of being parallel shall have a minimum dimension of twenty (20) feet for one-story buildings, thirty (30) feet for two-story buildings and forty (40) feet for three- or four-story buildings.
13.
Where an open space is more than fifty percent (50%) surrounded by a building, the minimum width of the open space shall be at least twenty (20) feet for one-story buildings, thirty (30) feet for two-story buildings, and forty (40) feet for three- or four-story buildings.
14.
No side yards are required where dwelling units are erected above commercial and industrial structures.
15.
Where lots have double frontage, the required front yard shall be provided on both streets.
16.
The required side yard on the street side of a corner lot shall be the same as the required front yard on such street, except that the building width shall not be reduced to less than thirty-two (32) feet, and no accessory building shall project beyond the required front yard on either street.
17.
Whenever a lot, as of October 30, 1967, has a width of less than sixty (60) feet, the side yard may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instance shall it be less than five (5) feet.
18.
The front yard heretofore established shall be adjusted in the following cases:
a.
Where forty percent (40%) or more of the frontage on the same side of a street between two (2) intersecting streets is developed with two (2) or more buildings that have (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 building nearest the street line.
b.
Where forty percent (40%) or more of the frontage on one (1) side of a street between two (2) intersecting streets is developed with two (2) or more buildings that have a front yard of less depth than herein required, then:
(1)
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 building on each side, or
(2)
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.
Section 405.410 Off-Street Parking Regulations.
[R.O. 2013 §405.410; CC 1991 §400.410; CC §42.820; Ord. No. 22.09 Art. XIII, 10-30-1967]
A.
No building shall be erected, enlarged to the extent of increasing the floor area by as much as fifty percent (50%), or changed in use unless there is provided on the lot space for the parking of automobiles or trucks in accordance with the following minimum requirements:
1.
Bowling alley. Five (5) parking spaces for each alley.
2.
Business, professional or public office building, studio, bank, medical or dental clinic. Three (3) parking spaces plus one (1) additional parking space for each four hundred (400) square feet of floor area over one thousand (1,000).
3.
Church. One (1) parking space for each eight (8) seats in the main auditorium.
4.
College or school. One (1) parking space for each eight (8) seats in the main auditorium or three (3) spaces for each classroom, whichever is greater.
5.
Community center, library, museum or art gallery. Ten (10) parking spaces plus one (1) additional space for each three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet.
6.
Dwellings. One (1) parking space for each dwelling unit.
7.
Hospital, sanitarium, home for the aged or similar institution. One (1) parking space for each four (4) beds.
8.
Hotel. One (1) parking space for each three (3) sleeping rooms or suites plus one (1) space for each two hundred (200) square feet of commercial floor area contained therein.
9.
Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, warehouse or similar establishment. One (1) parking space for every two (2) employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith.
10.
Mortuary or funeral home. One (1) parking space for each fifty (50) square feet of floor space in slumber rooms, parlors and individual funeral service rooms.
11.
Private club or lodge. One (1) parking space for every ten (10) members.
12.
Restaurant, nightclub, cafe, or similar recreation or amusement establishment. One (1) parking space for each one hundred (100) square feet of floor area.
13.
Retail store or personal service establishment. One (1) parking space for each two hundred (200) square feet of floor area.
14.
Rooming or lodging house. One (1) parking space for each two (2) sleeping rooms.
15.
Sports arena, stadium or gymnasium (except school). One (1) parking space for each five (5) seats or seating spaces.
16.
Theater or auditorium (except school). One (1) parking space for each five (5) seats or bench seating spaces.
Section 405.420 Special Uses.
[R.O. 2013 §405.420; CC 1991 §400.420; CC §42.830; Ord. No. 22.09 Art. XIV, 10-30-1967; Ord. No. 400.420(10), 5-14-2002]
A.
The Board of Aldermen of Tarkio may, by special permit, after public hearing before the Board of Aldermen, after study and report by the City Planning Commission and subject to such reasonable conditions and protective restrictions as are deemed necessary, authorize the following special uses in any district from which they are otherwise prohibited:
1.
Cemetery or mausoleum on sites of not less than twenty (20) acres.
2.
Greenhouse or nursery.
3.
Hospital, animal hospital for small pets, clinic or institution not primarily for the mentally ill or those with contagious diseases, provided that less than forty percent (40%) of the total land area is occupied by buildings and that all of the required yards are increased by one (1) foot for each foot of building height in excess of height limits specified in this Chapter.
4.
Landing field or strip for aircrafts.
5.
Nursery school.
6.
Commercial radio tower or broadcasting station.
7.
Removal of gravel, topsoil or similar natural materials with safeguards for the protection of adjoining property and the community as a whole.
8.
Riding stable.
9.
Sanitary fill for the disposal of garbage or trash.
10.
(Reserved)
Section 405.425 Travel Trailers and Mobile Homes.
[R.O. 2013 §405.425; CC 1991 §400.425; Ord. No. 400.420(10), 5-14-2002]
A. CODE MOBILE HOME MOBILE HOME DEVELOPMENT MOBILE HOME SPACE AND TRAVEL TRAILER SPACE SEAL OF THE PUBLIC SERVICE COMMISSION TRAVEL TRAILER TRAVEL TRAILER CAMP
Definitions. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
Standards relating to mobile homes and travel trailers as adopted by the State Public Service Commission pursuant to Chapter 700, RSMo.
A factory-built structure or structures more than eight (8) feet in width and thirty-two (32) body feet or more in length equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation. For purposes of this Subsection, the phrase "without a permanent foundation" means that the support system is constructed with the intent that the mobile home placed thereon may be moved from time to time at the convenience of the owner.
Any development, site, parcel or tract of land designed, maintained or intended to be used for the purpose of providing long-term accommodation of more than thirty (30) days for placement of two (2) or more mobile homes and shall include all buildings used or maintained for the use of the residents of the development. This term shall not be used in conjunction with any mobile home or trailer sales lots which contain unoccupied units that are intended for the purpose of inspection and sale.
An area of ground on which an individual unit is placed and reserved for the use of the occupant of that unit.
A device or insignia authorized or recognized by the State Public Service Commission and displayed on the exterior of the mobile home or travel trailer pursuant to Chapter 700, RSMo.
A portable vehicular unit mounted on wheels designed to provide temporary living quarters for recreational, camping or travel use and of such size or weight as not to require special highway movement permits when drawn by a motorized vehicle and with a living area of less than two hundred twenty (220) square feet, excluding built-in equipment (such as wardrobes, closets, kitchen units or fixtures) and bath and toilet rooms. Such units commonly described as travel trailers, campers, motor homes, converted buses or other similar units, whether they are self-propelled, pulled or can be hauled without a special permit, would be considered examples of travel trailers.
Any development, site, parcel or tract of land designed, maintained or intended to be used for the purpose of providing short-term accommodation up to and including thirty (30) days or less for placement of two (2) or more travel trailer units and shall include all buildings used or maintained for use of the occupants in the trailer camp.
B.
Permit For Operation Of Development Or Camp — Authorized Locations For Mobile Homes And Travel Trailers.
1.
Permit required — authorized locations for mobile homes and travel trailers. No mobile home development or travel trailer camp shall be maintained or operated within the City except as provided in this Chapter and without first securing a permit from the Building Inspector and no mobile home or travel trailer shall be used or occupied as living accommodations except in a mobile home development or travel trailer camp or when used as temporary quarters for a watchman or guard or when used as a field office for a construction project. In case of such temporary use, a temporary permit shall be issued by the City and the duration of time the permit would be effective shall be specified.
2.
Compliance agreement — manager. The applicant for a permit to maintain or operate a mobile home development or travel trailer camp shall, in his/her application, agree to observe all ordinances of the City relating to mobile homes and travel trailers and their respective development. The applicant shall have an individual who shall be in charge of the development at all times. Such individual or group of individuals, together with the holder of the permits, shall be responsible for any violation of the provisions of this Chapter which may occur in the operation of such development.
3.
Right of entry — revocation or suspension of permit. The Building Inspector or his/her agent shall have the authority at any reasonable time to enter upon and inspect for health and sanitation purposes any facility authorized under this Chapter. If after inspection it shall be found that the holder of a permit has violated any provision of this Chapter relating to mobile home or travel trailer development, the Director of Codes Administration shall have the power to revoke or suspend any permit and order the violation to be corrected or the development or camp to be closed after public notice and hearing.
4.
Prerequisites for issuance of permit. Before any issuance or renewal of a permit, an inspection shall be made by the Director of Codes Administration to determine that all requirements of this Chapter have been complied with. No permit shall be issued by the Director of Codes Administration until all the provisions of this Chapter and the zoning ordinance have been complied with.
C.
Location Of Developments And Camps. Mobile home developments and travel trailer camps shall be permitted only in places as allowed by the zoning ordinance.
D.
Compliance With State And City Standards — Water Supply For Developments And Camps. Any mobile homes or travel trailers manufactured after January 1, 1974, shall bear the seal of the Public Service Commission. All mobile homes manufactured prior to January 1, 1974, shall either bear the seal of the Public Service Commission or comply with the Property Maintenance Code of the City. All water supplied to the development or camp shall be from the City water supply. No person shall alter or cause to be altered any mobile home or travel trailer to which a seal has been affixed without certification that such alteration or conversion is in compliance with the code adopted by the Public Service Commission.
E.
Refuse Disposal Facilities For Developments And Camps. A mobile home development or travel trailer camp shall provide supervision and equipment sufficient to remove refuse from the development and to prevent littering the ground with rubbish and debris. Fly-tight metal containers with tight fitting covers shall be provided and be located out of sight of the mobile home or travel trailer units. Containers shall be kept in a sanitary condition, shall be kept covered at all times, and shall be emptied of refuse and rubbish at least once a week.
F.
Notification Of Communicable Disease In Development Or Camp. It shall be the duty of the owner and responsible attendant to notify immediately the City Health Department of any communicable disease in either the mobile home development or the travel trailer camp.
G.
Disaster Plan For Developments And Camps.
1.
Filing of plan. It shall be the duty of the owner of any mobile home development or travel trailer camp to file a disaster plan with the City office of emergency preparedness. Filing of the plan shall be a condition precedent to issuance of an annual permit. A disaster plan shall be in writing and provide for a method of early warning for such natural disasters as flooding or tornado.
2.
Contents. The plan shall provide the following information:
a.
A system of providing effective and initial disaster warning to occupants of a mobile home development or travel trailer camp;
b.
Protection or shelter from the disaster by specific identification of sites where such protection or shelter is available; an evacuation route which is reasonable and provides safe and expeditious method of access to the protection or shelter; and
c.
Special assistance to occupants over the age of sixty-five (65) or handicapped.
3.
Distribution of copies to new occupants. At the time a new occupant registers with the mobile home development or travel trailer camp, the owner or responsible attendant shall provide a copy of the disaster plan required in this Section to the new occupant in addition to a copy of the rules and regulations of the mobile home development or travel trailer camp.
4.
Annual meeting with occupants. The owner or the responsible attendant shall annually conduct a meeting to inform occupants of the mobile home development or travel trailer camp about the disaster plan and such meeting shall be at a reasonable time and place to all such occupants.
5.
Shelter. After January 1, 1992, any new mobile home development or any mobile home development which is expanded to include additional acreage shall provide a suitable shelter no less than thirty (30) square feet of floor area space for thirty percent (30%) of the individual pad sites within the development. The shelter may be included within a clubhouse basement. Any shelter area shall be provided with emergency lighting and shall be wind resistant.
H.
Registration Of Guests In Developments And Camps.
1.
Required. The owners and operators of mobile home developments and travel trailer camps shall be required to obtain and maintain the minimum information relating to each resident or occupant within their respective development as indicated in this Subsection:
2.
Inspection and preservation of records. The owner or operator shall keep a copy of this information and a registry of the development occupants available for inspection at any time by any authorized person and shall not destroy such information and registry until the expiration of twelve (12) months following the date of departure of each occupant.
I.
Parking Mobile Home Or Travel Trailer On Street Or Other Public Place. It shall be unlawful for any person to park any mobile home or travel trailer of any kind on any street or public place within the corporate limits of the City except in conformity with the provisions of the traffic code.
Section 405.430 For Private-Residential Swimming Pools.
[R.O. 2013 §405.430; CC 1991 §235.160; Ord. No. 235.160, 7-14-1998; Ord. No. 55-07, 5-10-2007]
A.
Any person owning or operating a family-residential recreational constructed swimming pool with a depth of twenty-four (24) inches or more aboveground, whether public or private, shall provide and maintain a fence or wall not less than forty-eight (48) inches in height, having no openings or holes larger than six (6) inches in any dimensions except for doors and gates, which fence shall completely surround the pool or the property upon which it is located. All doors and gates shall be fastened and locked at any and all times that the pool is not in use or is unattended. For any inground swimming pools, the height will be not less than seventy-two (72) inches in height with all the same stipulations as the aboveground pools.
B.
The Department of Planning and Code Enforcement shall inspect family pools under the following conditions:
1.
After receiving a complaint upon the operation of a family pool creating a nuisance to the public, at which time the owner shall be contacted as to the complaint and a predetermined time established for the inspection.
C.
This Section shall not be construed to relieve from or lessen the responsibility or liability of any party owning, operating, controlling or installing a swimming pool or family pool; nor shall the City, or any of its inspectors, agents or employees, including its sanitarian, be held as assuming any such liability by reason of the inspection authorized herein or permits issued as herein provided.