Chapter 400: ZONING REGULATIONS

ARTICLE I: In General

Section 400.010.  Short Title. [CC 1984 §42.010]

This Chapter shall be known and may be cited as the "Zoning Code of La Plata, Missouri", or simply as the "Zoning Code". 

Section 400.020.  Definitions. [CC 1984 §42.020; Ord. No. 695 §1, 4-21-1997; Ord. No. 858 §1, 11-25-2003]

For the purpose of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section: 

ACCESSORY BUILDINGS OR USES — A building or land use incidental and subordinate to the principal use or building and located on the same lot with such principal building or land use. Buildings or structures not included as permanent, such as playhouses, small storage sheds, incinerators for residential use, clothesline post and playground equipment with none any bigger than eighty (80) square feet base. All must be predetermined to be in compliance with the residential/commercial/ordinance of the existing area and may require the purchase of a permit. Compliance and necessity of a building permit is to be determined by the Building Inspector prior to construction or placement of said structures.  

ADMINISTRATIVE OFFICER — The Building Inspector of this City, unless some other person is designated and authorized by the Board of Aldermen to perform the duties of the Administrative Officer.  

ALLEY — A narrow public service way providing secondary access to abutting properties.  

ALTERATION — Applying to buildings meaning a change or rearrangement in the structural parts or in the exit facilities, or an enlargement either by extending on a side or by increasing in height, or moving from one location or position to another, or by changing in the use from one zoning district permitted use to another district permitted use.  

APARTMENT — A room or suite of rooms in a multi-family building which is arranged, used or intended to be used as a single housekeeping unit containing complete kitchen, bath and toilet facilities permanently installed.  

APARTMENT HOUSE — A building arranged or designed to be occupied by three (3) or more apartments.  

BLOCK — A parcel or parcels of land that are surrounded by public streets, roads, or highways. Where a block is not entirely surrounded by public streets, roads or highways, the Administrative Officer shall determine said block.  

BOARDING HOUSE — A building other than a hotel where for compensation, meals or lodging and meals are provided for three (3) or more but not exceeding twelve (12) persons. An establishment where meals are served for compensation for more than twelve (12) persons shall be deemed a restaurant.  

BUILDING — A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels, or property.  

BUILDING AREA — The maximum horizontal projected area of a building and accessory buildings, excluding open steps, terraces, and cornices projecting beyond the building not more than thirty-six (36) inches.  

BUILDING HEIGHT — The vertical distance measured from the average elevation of the proposed, or existing or finished grade at the front of the building to the highest point of a flat roof, the deck line of a mansard roof, the mean height between the eaves and ridge for gable or a hip or gambrel roof.  

BUSINESS ESTABLISHMENT — Any establishment conducting a profit-making operation entirely within the confines of an enclosed building.  

CONDITIONAL USE PERMIT — A conditional use permit may allow a specifically identified land use or building occupancy as being acceptable at a particular place and states the conditions for the acceptability of the permitted non-conforming use or occupancy. A conditional use permit may impose time limits on a non-conforming use.  

DISTRICT — A section of the City for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards and intensity of use are uniform.  

DWELLING — A building or portion thereof designed or used exclusively for residential occupancy, but not including home trailers, mobile homes, hotels, motels, boarding and lodging houses, tourist courts, or tourist homes.  

DWELLING, MULTIPLE — A building designed for, or occupied exclusively by more than two (2) families.  

DWELLING, ONE-FAMILY — A building designed for, or occupied exclusively by one (1) family.  

DWELLING, TWO-FAMILY — A building designed for, or occupied exclusively by two (2) families.  

FAMILY — One (1) or more persons whether or not related to each other by birth, adoption or marriage living as a single housekeeping unit.  

FARM — 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 that the operation of any such accessory use is secondary to the normal farming activities and also that farming does not include the feeding of garbage or offal to swine or other animals.  

FRONTAGE — The distance along a street line from one intersection street to another or from one (1) intersecting street to the end of a dead-end street.  

GARAGE, PRIVATE — An accessory in use by occupants of the lot on which the private garage is located.  

GARAGE, PUBLIC — Any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of motor-driven vehicles.  

GENERALLY — 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.  

HOME OCCUPATION — Any occupation or profession carried-on on the premises. The home occupation must be secondary to the principal use of the premises as a residence and conducted entirely within the residence or accessory building. A sign displaying any words, letter or number other than the name and address of the occupants shall not exceed two (2) square feet in size. No noise, odor or light shall be made which is noticeable beyond the limits of the property and no storage of goods or equipment shall be outside of the residence or accessory buildings.  

HOTEL — A building in which lodging or boarding and lodging are provided and offered to the public for compensation, and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all times.  

HOUSEKEEPING UNIT — Any number of rooms assembled under one (1) roof which contains complete kitchen, bath and toilet facilities.  

JUNK YARD — An area where waste, discarded, or salvaged material are bought, sold, exchanged, baled or packed, disassembled or assembled, stored or handled, including the dismantling or wrecking of automobile or other vehicles, machinery, housewrecking yards, used lumber yards and places for storage of salvaged housewrecking and structural steel materials and equipment.  

LAUNDRY or LAUNDROMAT — A service establishment providing cleaning service to the public either by employed persons or self-service machines.  

LOADING SPACE — A space within a building or on the same lot as a main building providing the standing, loading or unloading of vehicles.  

LODGING HOUSES — Same as "boarding house".  

LOT — Land occupied or intended for occupancy by a use permitted in this Chapter, including one (1) main building, together with its accessory buildings and the yards, loading and parking spaces required by this Chapter, and having its principal frontage upon a public street or place which has been improved to where motor-driven vehicles may move in any weather condition.  

LOT, CORNER — A lot abutting upon two (2) or more streets or places at their intersection.  

LOT, DEPTH — The mean horizontal distance between the front lot line and the rear lot line.  

LOT, DOUBLE FRONTAGE — A lot abutting on two (2) streets or places but do not intersect while abutting the lot.  

LOT, INTERIOR — A lot that abuts other lots on either side.  

MOTEL — A single building or a group of buildings providing sleeping accommodations to the public for compensation.  

NON-CONFORMING USE — Any building or land occupied by a use at the time of the adoption of this Chapter, amendment thereto or subject to the provisions of a conditional use permit, which does not conform to the district regulations established by the Zoning Code as amended.  

NURSERY SCHOOL — A school providing daytime care for pre-school children either as a home occupation or conducted in a building not associated with a person's residence and classified as a school.  

NURSING HOME, REST HOME, and HOME FOR THE AGED — An establishment used as a dwelling place by the aged, infirm, chronically ill or incurably afflicted persons, in which not less than three (3) persons live or are kept or provided for on the premises for compensation, excluding clinics and hospitals and similar institutions devoted to the diagnosis, treatment or care of the sick or injured.  

PARKING SPACE — A durably surfaced area, enclosed in the main building, in an accessory building, and if the space is unenclosed, comprising an area of not less than one hundred ninety-eight (198) square feet, exclusive of a durably hard surfaced driveway connecting the parking space with a street or alley and permitting satisfactory ingress and egress of an automobile. The minimum area for vehicles other than automobile shall be of sufficient size to adequately provide the required parking space.  

SERVICE ESTABLISHMENTS — An establishment conducting a profit-making operation entirely within the confines of an enclosed building. The only exception is for a filling station in which the only outside activity is supplying gasoline, oil and small parts to motor vehicles upon the service drive. Also except for a bank drive-in service window or booth.  

SOLID WASTE TRANSFER STATION — Any facility or use of property wherein solid waste, whether in sealed or unsealed containers or otherwise is transferred from one mode or manner of transportation to another mode or manner of transportation. Such facilities or uses shall include, but not necessarily be limited to, the following:  

1.      A facility where solid waste is transferred from railroad cars to trucks, or other railroad cars.  

2.      A facility where solid waste is transferred in sealed containers or sealed truck trailers from railroad cars to trucks, or other railroad cars.  

3.      A facility where solid waste, whether in sealed or unsealed container, is transferred from one truck to another truck.     

STORY — That portion of a building included between the surface of any floor and the floor next above it. If there be no floor above it, then to the ceiling next above the floor. A basement that has less than one-half (½) of its height underground or a basement that is more than half underground and used as a part of the living space of a residence or a business shall be classified as a story.  

STORY, HALF — A portion of a story which is not the full height of the story but used in conjunction with the occupancy of the building.  

STREET LINE — A dividing line between a lot, tract or parcel of land and a continuous street.  

STRUCTURE — Anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground.  

TRAILER or MOBILE HOME — An occupied or unoccupied dwelling which is on wheels or is permanently mounted but brought to the site on wheels either as a unit or in pre-assembled sections ready for occupancy after minor connections.  

TRAILER OR MOBILE HOME PARK OR COURT — A tract of land that is designed to accommodate three (3) or more trailers or mobile homes and meeting the requirements of this Chapter for such use.  

YARD — An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard, the mean horizontal distance between the lot line and the main building shall be used.  

YARD, FRONT — A yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the street line and the main building or any projection thereof other than for steps. On corner lots, the front yard shall be considered as a parallel to the street upon which the lot has its least dimension.  

YARD, REAR — A yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps.  

YARD, SIDE — A yard between the main building or any projection other than steps and the side lot line, and extending from the front yard line to the rear yard line.  

Section 400.030.  Interpretation — Purpose — Conflicts. [CC 1984 §42.030]

In interpreting and applying the provisions of this Chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Chapter to interfere with or abrogate or annual any ordinance, rules, regulations or permits previously adopted or issued and not in conflict with any of the provisions of this Chapter, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises and likewise not in conflict with this Chapter, nor is it intended by this Chapter to interfere with or abrogate or annual any easements, covenants, or other agreements between parties; provided, that where this Chapter imposes a greater restriction upon the use of buildings or premises or upon height of buildings or requires larger open spaces than are imposed or required by such ordinances or agreements, the provisions of this Chapter shall control. 

Section 400.040.  Administration and Enforcement by Administrative Officer With Cooperation of Others — Appeals From Decisions of Administrative Officer. [CC 1984 §42.040]

It shall be the duty of the Administrative Officer to administer and enforce the provisions of this Chapter. It shall also be the duty for all officers and employees of the City to assist the Administrative Officer by reporting to him/her upon new construction, reconstruction, or land uses, or upon seeming violations. Appeal from the decision of the Administrative Officer may be made to the Board of Adjustment as provided in Article XIV of this Chapter. 

Section 400.050.  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 this Chapter, or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the City, 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 under authority of this Chapter. 

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 a misdemeanor punishable by a fine of not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) for each and every day that such violation continues, but if the offense be willful on conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than two hundred fifty dollars ($250.00) for each and every day that such violation shall continue or by imprisonment for ten (10) days for each and every day such violation shall continue or by both such fine and imprisonment in the discretion of the court. 

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 this Chapter in the respect named in such order shall also be subject to a civil penalty of two hundred fifty dollars ($250.00).   

Section 400.060.  Amendments and Changes. [CC 1984 §42.060] 

A.     This Chapter may from time to time, be amended, supplemented, changed, modified or repealed. 

1.      The Board of Aldermen may, from time to time, either on its own action or on petition of interested property owners, after public notice and hearing as provided by law, amend, supplement, change, modify or repeal the boundaries or regulations herein or subsequently established. A fee of fifty dollars ($50.00) payable to the City shall be filed with each petition of interested property owners requesting any of aforesaid changes. 

2.      If such proposed amendment, supplement, change, modification or repeal is petitioned for by interested property owners, such petition shall be signed by the owners of fifty percent (50%) of the area of all the real estate included within the boundaries of the tract of real estate described in such petition. 

3.      Whenever any amendment, supplement, change, modification or repeal is proposed, such proposed amendment, supplement, change, modification or repeal shall first be submitted to the Planning Commission, which shall within thirty (30) days after the date of the receipt of such proposed amendment, supplement, change, modification or repeal report back to the Board of Aldermen either approving or disapproving such proposed amendment, supplement, change, modification or repeal. 

4.      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 the areas of the land (exclusive of streets and alleys) included in such proposed change or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the district proposed to be changed, such amendment shall not become effective except by the favorable vote of two-thirds (⅔ of all the members of the legislative body of such City. The provisions of Section 89.050, RSMo., relative to public hearing and official notice shall apply equally to all changes or amendments. 

5.      It shall be the duty of the Board of Aldermen to act upon such proposed amendment, supplement, change, modification or repeal within sixty (60) days after receiving the report from the Planning Commission. 

6.      If an amendment filed by interested property owners is rejected by the Board of Aldermen, a new application for the same amendment on the same property may not be filed before six (6) months have elapsed.      

ARTICLE II

Districts and District Regulations

Section 400.070.  Purposes of, Uniformity Within, and Designation of Districts. [CC 1984 §42.100] 

A.     In order to classify, regulate and restrict the location of trades and industries and the location of buildings designed for specific uses; to regulate and limit the intensity of use of lot areas; and to regulate and determine the areas of yards and other open spaces surrounding such buildings, the City is hereby divided into classes or "districts". 

1.      The uses and area regulations are uniform in each district, and the districts shall be known as: 

a.      "AG", Agricultural District. 

b.      "R-1", One-Family Dwelling District. 

c.      "R-2", Residential Dwelling District. 

d.      "C-1", Commercial District. 

e.      "C-2", Commercial District. 

f.       "M-1", Manufacturing District.       

Section 400.080.  District Boundaries — District Zoning Map. [CC 1984 §42.110]

The boundaries of the districts designated in Section 400.070 are hereby established as shown upon the District Zoning Map, which is properly attested and is on file in the office of the City Clerk; and such District Zoning Map together with all the notations, references and other information shown thereon is hereby incorporated in and made a part of this Section as fully as if it were set out herein in full. 

Section 400.090.  Rules Where Uncertainty May Arise With Respect to District Boundaries. [CC 1984 §42.120] 

A.     Where uncertainty exists with respect to the boundaries of the various districts as shown on the District Zoning Map, the following rules apply: 

1.      The district boundaries are the centerlines of either streets or alleys unless otherwise shown on the District Zoning Map. 

2.      Where the district boundaries are not indicated by street or alley centerlines, and where the property has been divided into blocks and lots, the district boundaries shall be construed to be the lot lines and where the districts designated on the District Zoning Map and bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map. 

3.      In unsubdivided property, the district boundary lines on the District Zoning Map shall be indicated by a distance in feet.     

Section 400.100.  Effect of Vacation of Street, Alley or Public Way. [CC 1984 §42.130]

Whenever any street, alley or other public way is vacated by official action of the Board of Aldermen, the zoning district adjoining each side of such street, alley 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. 

Section 400.110.  Territory Hereafter Annexed to City. [CC 1984 §42.140]

All territory which may hereafter be annexed to the City shall be considered as being in the "AG" Agricultural District until otherwise changed by ordinance.