Willard City Zoning Code
ARTICLE I
General Provisions
Section 400.010 Short Title.
[Ord. No. 020227 §1(1.1), 2-27-2002]
This Chapter shall be known and may be cited as the City of Willard Land Development Regulations.
Section 400.020 Authority and Purpose.
[Ord. No. 020227 §1(1.2), 2-27-2002]
B.
The regulations contained in this Chapter are adopted for the following purposes:
1.
To protect and provide for the public health, safety and general welfare of the City of Willard.
2.
To provide for adequate light, air, open spaces and to protect from flooding and other dangers.
3.
To provide for adequate transportation and circulation throughout the City of Willard and to ensure the provision of adequate public infrastructure and improvements to serve the population.
4.
To prevent the pollution of water resources and to ensure the adequacy of drainage facilities.
5.
To encourage the orderly and beneficial development of the City of Willard and to promote good planning and land development practice.
6.
To preserve and protect the value of land and buildings and to promote the efficient expenditure of public financial resources.
C.
The provisions of this Chapter shall be administered to ensure orderly growth and development of the City and shall supplement and implement the policies of the City of Willard Comprehensive Plan, other planning documents and land development regulations and the capital budget.
Section 400.030 Jurisdiction.
[Ord. No. 020227 §1(1.3), 2-27-2002]
This Chapter shall apply to all land, buildings, structures, uses and infrastructure improvements within the corporate boundaries of the City of Willard, Missouri, and the applicable provisions of this Chapter shall apply to such other areas outside of the corporate boundaries that may contract with the City of Willard for the provision of public services.
Section 400.040 Effective Date.
[Ord. No. 020227 §1(1.4), 2-27-2002]
This Chapter shall be in full force and effect from and after passage, February 27, 2002.
Section 400.050 Interpretation, Conflict and Separability.
[Ord. No. 020227 §1(1.5), 2-27-2002]
A.
The provisions of this Chapter shall be considered to be the minimum requirements for the protection of the public health, safety, morals and general welfare. Where the conditions imposed by any provision of this Chapter are either more restrictive or less restrictive than conditions imposed by any other provision of this Chapter or other applicable law, ordinance, rule or regulation, the regulations which are more restrictive and which impose a higher standard shall govern.
B.
The provisions of this Chapter are separable. If any Section, sentence, clause or phrase of this Chapter is for any reason held to be invalid by a court of competent jurisdiction, the decision shall not affect the remaining portions of this Chapter. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Chapter to a particular property or structure, such judgment shall not affect the application of said provision to any other property or structure.
Section 400.060 Relationship To Other Existing Regulations.
[Ord. No. 020227 §1(1.6), 2-27-2002]
To the extent that the provisions of this Chapter are the same in substance as the previously adopted provisions that they replace in the City of Willard's regulations governing zoning, subdivision, building, construction, public improvements and other related land development regulations, they shall be considered as continuations thereof and not as new enactments unless otherwise specifically provided.
Section 400.070 Effect On Existing Permits and Applications.
[Ord. No. 020227 §1(1.7), 2-27-2002]
A.
Existing Permits. Nothing in this Chapter shall be construed to require any change in the plans, construction or designated use of any structure or building if:
B.
Existing Applications. Subdivision regulations in effect prior to the effective date of this Chapter shall apply to all land within the City where an application has been made to the Commission to subdivide the land prior to the effective date of this Chapter, provided a plat for such subdivision is recorded within twelve (12) months after the effective date of this Chapter.
Section 400.080 General Regulations - Zoning.
[Ord. No. 020227 §1(1.8), 2-27-2002; Ord. No. 120409G §1, 4-9-2012]
A.
Application To Existing Buildings, Structures And Uses. Any building, structure or use that does not conform to the regulations and restrictions of this Chapter, but which was lawful and conforming when established or constructed, may be continued subject to the limitations of Article VII, Non-Conforming Uses.
B.
New Structures. All structures built hereafter shall conform to all applicable regulations herein. Any structure moved from one site to another site shall be considered to be a structure built hereafter.
C.
New Uses Of Existing Structures. If a use of any structure is hereafter changed to another use, then the new use must comply with the use regulations of the zoning district in which the structure is located, but the establishment of a new use does not require an existing building to conform to the lot size or open space requirements or the bulk regulations of this Chapter.
D.
Application To Open/Undeveloped Land. If any use of open land is established or if any use of open land is changed to another use after the effective date of this Chapter, then the new use shall comply with all the regulations of this Chapter.
E.
Permitted Uses. No building or structure shall be built, moved, expanded or enlarged and no building, structure or land shall be used, occupied or designed for use or occupancy after the effective date of this Chapter except for a use that is permitted within the zoning district in which the structure or land is located.
F.
Conditional Uses. No use of a building, structure or land designated as a conditional use shall be established after the effective date of this Chapter unless a conditional use permit has been granted in accordance with the provisions of Article III, Administration and Review.
G.
Temporary Structures And Uses. Temporary structures and uses are permitted in accordance with the use regulations of the zoning district in which the use is located and in conformity with the requirements of Article VI, Supplemental Regulations.
H.
Accessory Structures And Uses. No accessory structure or use, as defined in Article II, Section 400.120, shall hereafter be built, moved, remodeled, established or enlarged unless such accessory structure or use is permitted by Article VI, Section 400.520(B).
I.
Use Limitations. No permitted or conditional use hereafter established, altered, modified or enlarged shall be operated or designed so as to conflict with the use limitations of the zoning district in which such use is or will be located. No permitted or conditional use already established on the effective date of this Chapter shall be altered, modified or enlarged so as to conflict or further conflict with the use limitations for the zoning district in which such use is located.
J.
Expansion Or Enlargement. If any structure is hereafter expanded or enlarged:
1.
The entire structure shall comply with the use regulations of the zoning district in which it is located.
2.
Any alterations of, enlargements of or additions to the structure shall comply with the bulk and open space regulations of the zoning district in which it is located.
3.
The off-street parking facilities shall not be reduced below the requirements applicable to a similar new structure or use.
K.
Lot Size Requirements. No structure or part thereof shall hereafter be built, moved, expanded or enlarged and no land that is vacant on the effective date of this Chapter shall be used, occupied or designed for use or occupancy:
1.
On a lot that is smaller in area than the minimum lot area or minimum lot area per dwelling unit required in the zoning district in which the structure or land is located; or
2.
On a lot that is narrower than the minimum lot width or shallower than the minimum lot depth required in the zoning district in which the structure or land is located;
3.
No existing structure shall hereafter be expanded or enlarged so as to conflict or further conflict with the lot area requirements for the zoning district in which the structure is located.
L.
Bulk Regulations. No structure or part thereof shall hereafter be built, moved, expanded or enlarged and no land vacant at the effective date of this Chapter shall be used, occupied or designed for use or occupancy so as to exceed the maximum lot coverage percentage, the maximum height or the maximum floor area ratio specified for the zoning district in which the structure is located; or so as to provide any setback or front, side or rear yard that is less than that specified for the zoning district in which such structure is located.
M.
Number Of Structures On Lots. 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) principal building on one (1) lot except as specifically provided hereinafter.
N.
Setbacks. Not withstanding any other provisions of this Chapter:
1.
No structure, structural element, balcony, porch or roof shall encroach upon or overhang any required yard setback on any lot. No existing structure, balcony, porch or other structural element shall be expanded or enlarged so as to conflict or further conflict with the lot setback requirements of the zoning district in which it is located.
2.
In no event shall a structure be erected closer to the centerline of a street than as follows:
Street Classification | Required Setback From Right-Of-Way Centerline | |
|---|---|---|
Highway | 60 feet plus the required yard setback | |
Arterial | 45 feet plus the required yard setback | |
Collector — Single-family residential | 30 feet plus the required yard setback | |
Collector — all others | 40 feet plus the required yard setback | |
Local residential | 25 feet plus the required yard setback |
O.
Off-Street Parking And Loading. No building shall be erected, converted, enlarged, structurally altered or moved, except in conformity with the off-street parking and loading regulations of the zoning district in which such building is located.
P.
Signs. No sign shall be erected, expanded or remodeled except in conformance with the provisions of Article X, Signs.
Q.
Home Occupations. No home occupation, as defined by Article II, Section 400.120, shall hereafter be established, altered or enlarged in a residential zoning district unless such home occupation:
1.
Is allowed as a permitted home occupation in accordance with Section 400.540(B).
2.
Complies with the use limitations imposed by Section 400.540(C).
R.
Animals. Household animals (pets), farm animals and non-domestic animals shall be kept only in conformance with the provisions of Article VI, Supplemental Regulations.
S.
Newly Annexed Territory. All territory annexed to the City of Willard after the effective date of this Chapter shall maintain the zoning classification designated by Greene County until, within a period of sixty (60) days after the effective date of annexation, the Commission shall schedule and hold a public hearing with respect to the zoning classification of the annexed land. The Commission shall make findings and recommendations on the zoning classifications or classifications of the annexed land and transmit the same to the Board of Aldermen. The Board of Aldermen shall appropriately classify such territory in accordance with the provisions of this Chapter.
Section 400.090 General Regulations - Subdivision.
[Ord. No. 020227 §1(1.9), 2-27-2002]
A.
Application. Except as hereinafter specified, these regulations shall apply to all land development within the City of Willard, including:
The division of any tract of land into two (2) or more tracts or lots.
2.
Any land offered for sale, lease or development involving real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a building or other improvements (example, condominium development).
3.
The dedication or vacation of any public street, alley or easement.
4.
Resubdivision of any tract of land or portion of a tract, vacant or improved.
5.
Development of any subdivision for which a plat has been recorded in the office of the Greene County Recorder of Deeds prior to the effective date of this Chapter, where development or improvements have not commenced within two (2) years after the effective date of this Chapter.
6.
Construction on any tract that changes the pattern of stormwater runoff, the traffic pattern to the site and/or utility service to the site.
B.
Exemptions. The following divisions of land are exempt from these regulations:
1.
Transfer of interests by inheritance or pursuant to court order.
2.
Transfers of remainders resulting from the exercise of eminent domain or the threat thereof.
3.
Foreclosure of a deed of trust or other security instrument.
4.
The sale or exchange of parcels of land between owners of adjoining property if additional lots are not created.
C.
Land Development And Plat. No land shall be developed or platted within the incorporated area of the City except in conformance with the provisions of this Chapter.
D.
Plat Recording. The Greene County Recorder of Deeds shall not record a plat of any subdivision within the corporate boundaries of Willard unless the plat has been approved in accordance with the provisions of this Chapter. In the event any such unapproved plat is recorded, it shall be considered invalid and the Board of Aldermen shall institute proceedings to have the plat stricken from the records of the County pursuant to applicable State Statutes.
E.
Sale Of Land. No owner or designated agent of any land located within a subdivision shall transfer, sell, agree to sell or negotiate to sell any land by reference to, exhibition of or by the use of a plan or plat of a subdivision before such plan or plat has been approved and recorded in the manner prescribed herein. The description of such lot or tract by metes and bounds in the instruments of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of this Chapter.
F.
Permits. No development permit or certificate of occupancy shall be issued for any lot, parcel or tract of land which was created after the effective date of this Chapter and which is not in conformance with the provisions of this Chapter.
G.
Excavation And Construction. No excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with the provisions of this Chapter.
H.
Revision Of Plat After Approval. No changes, erasures, modifications or revisions shall be made on any plat of a subdivision after final approval has been given by the Board of Aldermen and endorsed in writing on the plat, unless the plat is first resubmitted to the Planning and Zoning Commission and the Board of Aldermen in accordance with the procedures proscribed herein.
I.
Application To Areas Outside Corporate Limits. Where City water, sewer or any other public improvement may be extended to areas outside of the corporate limits of Willard, such improvement shall be installed in conformity with the applicable provisions of this Chapter and Chapter 405, Design Standards for Public Improvements.
J.
Vacation Of Plats.
1.
Any plat or any part of any plat may be vacated by the owner, at any time before the sale of any lot therein, by a written instrument, to which a copy of such plat shall be attached declaring the same to be vacated.
2.
Such instrument shall be approved by the Board of Aldermen in like manner as plats of subdivisions. The Board of Aldermen may reject any such instrument that abridges or destroys any public rights in any of its public uses, improvements, streets or other public rights-of-way.
3.
Where lots have been sold, the plat may be vacated in the manner herein provided by all the owners of lots in such plat joining in the execution of such instrument.
Section 400.100 Fees.
[Ord. No. 020227 §1(1.10), 2-27-2002]
A.
Fees to cover the costs of administration, inspection, engineering review, publication of notice and similar matters may be charged to applicants for site plan and development plan review, subdivision platting, zoning amendments, appeals, variances, permits and licenses as required by this Chapter. A list of all established fees related to the requirements of this Chapter is available at the Willard City Hall.