Vandalia City Zoning Code
ARTICLE I
General Provisions
Section 405.010 Definitions.
[R.O. 1991 § 405.010; Ord. No. 775 § III, 5-9-1995; Ord. No. 813 § I, 1-9-1996]
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:
A subordinate building, structure or use which is customarily incidental to the principal use.
The amount of land surfaces in a lot, plot, or parcel.
The yard, lot, area, lot width, lot coverage, and parking requirements as set forth in a specific district.
A place where, along with the sale of engine fuels, the following services may be carried out: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair, painting and undercoating of automobiles.
An establishment in which the retail sales of accessories and services for automobiles are provided as the primary use, including the customary space and facilities for the installation of such commodities on or in such vehicles, but not including the space for facilities for major storage, repair, painting, and refinishing.
A structure or portion thereof which provides complete housekeeping facilities for one (1) family.
May 9, 1995.
Any occupation or activity carried on by a member of the immediate family, residing on the premises, in connection with which there is used no display, other than those specified in Article V, Section 405.240 of this Chapter, that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling, and in which no commodity is sold upon the premises, except that which is prepared on the premises, and in which no person is employed other than a member of the immediate family residing on the premises, and no mechanical equipment is used except of a type that is similar in character to that normally used for purely domestic or household purpose. "Home occupation" shall include the use of premises by a physician, surgeon, dentist, lawyer, clergyman, or other professional person for consultation or emergency treatment, but not for the general practice of his/her profession.
A tract of land defined by metes, bounds, or boundary lines in a recorded deed or on a recorded plat. "Lot" includes the words plot, or parcel.
A single-family dwelling unit that has the following characteristics:
Designed for long-term occupancy containing sleeping accommodations, flush toilet, tub or shower bath, and kitchen facilities, with plumbing and electrical connections, provided for attachment to outside systems.
Designed to be transported after fabrication on its own wheels, flatbed, other trailers, or detachable wheels.
Arrives at site where it is to be occupied as a dwelling unit complete with major appliances and furniture and ready for occupancy except for minor and incidental unpacking and assembly connection to utilities and the like.
Any plat of ground meeting the requirements of Section 405.100.
Ground within a mobile home park designed for the accommodation of one (1) mobile home.
That which does not meet the requirements of the use district in which it is located at the time of the effective date of these regulations.
A detached building arranged, intended, or designed for occupancy by one (1) family.
An on-lot space available for the parking of one (1) motor vehicle and having an area of not less than two hundred (200) square feet, exclusive of space necessary to provide access to a street.
The line bounding a lot.
A structure containing one (1) or more dwelling units. A mobile home shall be considered as a residential structure and must meet all requirements for a residential structure.
The singling out, without a reasonable basis, a small parcel of land for a use classified differently from the surrounding area, primarily for the benefit of the owner of the property so zoned, and to the potential detriment of the neighborhood and other owners therein. It shall be the policy of the Planning and Zoning Commission to not permit spot zoning except in cases where the land is unfit for any other use than the one permitted by the rezoning, or where the change in the use of the land in an adjoining area justifies the new zoning.
Anything constructed or erected with a fixed location on the ground, not including fences.
A yard extending across the front of a lot and being the minimum horizontal distance between the street or place line and the main building or any projections thereof other than the projections of the usual uncovered steps, uncovered balconies, or uncovered porch. The front yard shall be considered as parallel to the street upon which the main entrance to the dwelling faces.
A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the projections of uncovered steps, unenclosed balconies, or unenclosed porches. On both corner lots and interior lots, the rear yard in all cases be at the opposite end of the lot from the front yard.
A yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of the main building or any projections thereof.
Section 405.020 Violations And Penalties.
A.
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land is used in violation of Sections 89.010 to 89.140, RSMo., or of any ordinance or other regulation made under authority conferred hereby, or in case of any violation of Sections 89.300 to 89.490, RSMo., or of any ordinance or other regulation made under authority conferred thereby, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Such regulations shall be enforced by an officer empowered to cause any building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the regulations made pursuant to the authority of Sections 89.010 to 89.140 and Sections 89.300 to 89.490, RSMo.
B.
The owner or general agent of a building or premises where a violation of any provision of said regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation shall exist shall be guilty of an ordinance violation punishable as follows:
1.
The maximum fine and court costs that can be imposed for such violation shall be:
a.
For the first violation within any twelve-month period of time: two hundred dollars ($200.00).
b.
For the second violation within any twelve-month period of time: two hundred seventy-five dollars ($275.00).
c.
For the third violation within any twelve-month period of time: three hundred fifty dollars ($350.00).
d.
For the fourth and any subsequent violation within any twelve-month period of time: four hundred fifty dollars ($450.00).
2.
Court costs shall be assessed against such person unless the court finds that the defendant is indigent.
C.
Any such person who having been served with an order to remove any such violation shall fail to comply with such order within ten (10) days after such service or shall continue to violate any provision of the regulations made under authority of Sections 89.010 to 89.140, RSMo., in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).
Section 405.030 Enforcement.
[R.O. 1991 § 405.030; Ord. No. 775 § III, 5-9-1995]
A.
The provisions of this Chapter shall be administered by an Enforcement Officer approved by the Board of Aldermen.
B.
A building permit will be issued only when the application has been approved by the Enforcement Officer as meeting the requirements of this Chapter. All applications for building permits shall be accompanied by a plan in duplicate drawn to scale, showing the actual dimensions of the lot to be built upon, the size of the building to be erected and its location on the lot, and such other information as may be necessary to provide for the enforcement of this Chapter. A record of such application and plats shall be kept by the Enforcement Officer and are subject to review by the Planning and Zoning Commission.
Section 405.040 Purpose.
[R.O. 1991 § 405.040; Ord. No. 775 § III, 5-9-1995]
The zoning regulations set forth herein are enacted to implement the land use portion of the comprehensive development plan for the City and to promote the health, safety, morals, and general welfare of the citizens of the City. These regulations are intended to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements.
Section 405.050 Authority.
[R.O. 1991 § 405.050; Ord. No. 775 § III, 5-9-1995]
The provisions set forth in this Chapter have been prepared in accordance with the authority granted by the legislature of the State as provided by Municipal Planning Acts of 1963, Sections 89.300 to 89.491, RSMo.
Section 405.060 Jurisdiction.
[R.O. 1991 § 405.060; Ord. No. 775 § III, 5-9-1995]
The jurisdiction of this Chapter shall include all land in the corporate limits. This Chapter shall also apply to any land added to the corporate area after such land shall have been legally annexed.
Section 405.070 Zoning Map.
[R.O. 1991 § 405.070; Ord. No. 775 § III, 5-9-1995]
A.
The City is hereby divided into zoning districts as shown on the official zoning districts map which, together with explanatory information thereon, is hereby adopted by reference and declared to be a part of these regulations.
B.
The official zoning districts map shall be identified by the signature of the Mayor attested by the City Clerk, and bearing the Seal of the City under the following words: "This is to certify that this is the official zoning map referred to in Article I of Chapter 405 of the Vandalia, Missouri, City Code," together with the date of adoption of the ordinance (May 9, 1995).
Section 405.080 Application Of Zoning District Regulations.
[R.O. 1991 § 405.080; Ord. No. 775 § III, 5-9-1995]
A.
The regulations of this Chapter pertaining to each zoning district establish the character of the zoning district and shall be applied uniformly within the zoning district.
B.
The uses permitted or prohibited in each zoning district shall include, but shall not be limited to those enumerated as being permitted or prohibited within the respective zoning district.
C.
No building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the zoning district in which it is located.
D.
No building or other structure shall hereafter be erected or altered:
1.
To accommodate or house a greater number of families;
2.
To occupy a greater percentage of lot area than specified in the respective zoning classifications contained in this Chapter; and
3.
To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or in any other manner contrary to the provisions of this Chapter.
E.
When uncertainty exists with respect to the boundaries of districts as shown on the official zoning map, the following rules shall apply:
1.
District boundary lines are intended to be along or parallel to the centerline of streets, alleys, easements, other rights-of-way, and creeks, streams, or other water channels.
2.
District boundary lines are intended to be along, or parallel to properly lines or the lot lines of platted additions.
3.
In the absence of specific distances such dimensions shall be determined by the scale of the official map.
4.
When the street or property layout existing on the ground is at variance with that shown on the official zoning map, the City Planning and Zoning Commission shall interpret the district boundaries of this Chapter.
Section 405.090 Zoning District Modifications.
[R.O. 1991 § 405.090; Ord. No. 790 § I, 8-8-1995]
A.
Upon request from the legislative bodies of the City or upon a petition by interested persons, the boundaries of existing zoning districts shall be amended, supplemented, or changed. Any person or governmental body desiring to change said boundaries, or regulations established herein, may do so in the following manner:
1.
The proponent may submit the proposed amendment, supplement, change, modification or rescindment to the Planning and Zoning Commission for study, consideration, advice, and possible revision and then request that a recommendation be submitted to the Mayor and Board of Aldermen, for final authorization.
B.
However, no such regulation, restriction, or boundary amendment shall become effective until after a public hearing of the Board of Aldermen in relation thereto, at which time interested parties and citizens shall have an opportunity to be heard. At least fifteen (15) days' prior notice of the time and place of such hearing shall be published in the local newspaper of general circulation prior to the hearing by the Mayor and Board of Aldermen, but not before recommendation from the Planning and Zoning Commission.
C.
Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified, or repealed. in case, however, of a protest against such change duly signed and acknowledged by the owners of thirty percent (30%) or more, either of areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to a one hundred eighty-five (185) feet distance from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable recommendation of two-thirds (2/3) vote of the Board of Aldermen. The provisions of this Section shall apply equally to all changes or amendments.
Section 405.100 Mobile Home Park.
[R.O. 1991 § 405.100; Ord. No. 775 § III, 5-9-1995]
A.
Every mobile home park shall conform to the following requirements:
1.
The park shall be located on a well-drained site, properly graded to ensure proper drainage and freedom from stagnant pools of water.
2.
Mobile home spaces shall be provided consisting of a minimum of three thousand six hundred (3,600) square feet for each space which shall be at least forty (40) feet wide and clearly defined.
3.
No mobile home park shall be permitted an average density of mobile home spaces of more than twelve (12) per acre and shall provide an area of not less than five (5) acres.
4.
No mobile home shall be located less than five (5) feet from the nearest adjacent lot boundary.
5.
All mobile homes spaces shall abut a driveway of not less than ten (10) feet in width, which shall have unobstructed access to a public street.
6.
At least two (2) vehicle parking spaces of two hundred (200) square feet each shall be provided on each mobile home space.
7.
An electrical outlet, water, and sanitary sewer shall be provided to each mobile home space, in accordance with City Codes.
8.
If a mobile home is moved from a lot for any reason, or is destroyed by fire or by any other destructive force, or is traded for another mobile home and moved off the lot, another mobile home is not to be moved back onto the lot or to any other piece of ground not being definitely defined by the City as a mobile home park.
9.
All mobile home parks shall be surrounded by a landscaped strip of open space twenty-five (25) feet wide along the street frontage of a major street and ten (10) feet wide along all other street frontages.