IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
AN ORDINANCE amending section 24010., Jackson County Code, 1984, repealing sections 24040., 24060., 24070., and 24080., Jackson County Code, 1984, relating to zoning regulations, and enacting, in lieu thereof, four new sections relating to the same subject.
Intro
ORDINANCE 2383, March 6, 1995
INTRODUCED BY Fred Arbanas, County Legislator
Body
WHEREAS, at its regular meeting of February 16, 1995, the Plan Commission recommended certain amendments to the County's zoning regulations regarding the location of animal enclosure areas; and,
WHEREAS, these amendments are in the best interests of the health, welfare, and safety of the citizens of the County; now therefore,
BE IT ORDAINED by the County Legislature of Jackson County, Missouri as follows:
Section A. Enacting Clause. Section 24010., Jackson County Code, 1984, is hereby amended by the addition of a new subsection 24010.5, to read as follows, with all existing subsequent subsections to be renumbered accordingly:
24010.5 Animal Enclosure Area. Any area designated for the containment of animals, excluding livestock grazing areas, terrariums, aquariums, small cages kept within the living area of a residence, and fenced yards.
Section B. Enacting Clause. Sections 24040., 24060., 24070., and 24080., Jackson County Code, 1984, are hereby repealed and four new sections enacted in lieu thereof, to be known as sections 24040., 24060., 24070., and 24080., to read as follows:
24040. District A, Use Regulations. In District A, no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, moved, constructed or altered except for one (1) or more of the following uses.
24040.1 Single-Family Dwelling.
District A use includes dwellings, a single-family with six hundred square feet (600
sq. ft.) minimum ground floor area excluding porch, patio and garage.
24040.2 Churches and Community Buildings.
District A use includes churches and community buildings.
24040.3 Public Areas.
District A use includes public parks and playgrounds, public recreation buildings and
public museums.
24040.4 Public and Private Schools.
District A use includes public schools, elementary and high, and private schools with
a curriculum equivalent to that of the public elementary or high school, and
institutions of higher learning, including stadiums and dormitories in conjunction, if
located on the campus.
24040.5 Public Buildings.
District A use includes public administration buildings, public libraries, police stations
and fire stations.
24040.6 Railroad Areas.
District A use includes railroad passenger stations and railroad right of ways, not
including railway yards.
24040.7 Farming.
District A includes all types of agriculture and horticulture except:
a. Commercial Dairies.
Commercial dairies;
b. Commercial Kennels.
Commercial kennels, rabbit, fox, goat, and other animal raising, training or
feeding farms;
c. Poultry Farms.
Poultry farms;
d. Commercial Nurseries.
Commercial nurseries or greenhouses;
e. Garbage Farms.
Farms operated by public or private agencies for disposal of garbage,
rubbish or offal. (Sec. 6.7)
24040.8 Public Utility.
District A use includes the use of building or premises for such public utility services
as are authorized by law and excluded from the jurisdiction of the Plan Commission
under Section 64.235, RSMO, 1959.
24040.9 Accessory Uses, District A.
District A use includes accessory used customarily to the uses enumerated in
Sections 24040.01 through 24040.08 and which are located on the same lot with
those uses but which do not involve the conduct of a retail business.
24040.10 Accessory Use Restrictions.
The term accessory use shall include customary home occupation such as the office
of a physician, dentist, surgeon, dressmaker, musician or artist under the following
restrictions:
a. Location of Uses.
That such uses are located in the dwelling used by a person as his or her
private residence;
b. Assistants.
That more than one (1) assistant, other than a member of the family is
employed;
c. Window Display or Sign.
That no window display or sign, either illuminated or more than one square
foot (1 sq. ft.) in area is used to advertise the same;
d. Power.
That no power other than electric and of not more than one horsepower (1
HP) is used.
24040.11 Signs as Accessory Uses, District A.
A billboard, signboard or advertising sign shall not be permitted as an accessory use
except as follows:
a. For Sale Sign.
The placing of an unilluminated "For Sale" or "For Rent" sign not more than
eight square feet (8 sq. ft.) in area may be permitted as an accessory use;
b. Church Signs.
Churches and other institutions may display signs showing the names,
activities and services provided;
c. Construction Signs.
During construction of a building one (1) unilluminated sign advertising
contractors or architects on the building shall be permitted but that sign shall
not be more than eight square feet (8 sq. ft.) in area, shall be set back of the
established or customary building line and shall be removed immediately on
completion of the building.
24040.12 Private Garage, Private Stables or Servants Quarters.
There shall be permitted as accessory uses one (1) private garage for not more than
one (1) car, one (1) private stable of servants quarters to each two thousand square
feet (2,000 sq. ft.) of lot area but the garage, stable or servants quarters shall be
located not less than sixty feet (60') from the front lot line nor less than four feet (4')
from any side-lot line, and in the case of corner lots, not less than the distance
required for residences from the side streets.
a. Additional Requirement for Servants Quarters.
The servants quarters shall be occupied only by servants employed on the
premises.
b. When Integral Part of Main Building.
A garage or servants quarters constructed as an integral part of the main
building shall be subject to the regulations affecting the main building
24040.13 Community Garages.
Community garages may be permitted by the Board of Zoning Adjustments and are
subject to the following:
a. Washing Facilities.
The community garage may provide facilities for washing cars;
b. Access From Street.
Access to the community garage, if from the street, shall be by not more than
one (1) driveway;
c. Location.
Community garages shall be located at least six feet (6') from any party lot
line and shall be set back from front or side street line a distance at least ten
feet (10') greater than would be required for a residence building in the same
location;
d. Height.
Community garages shall not be over one (1) story sixteen feet (16') high;
e. Vehicles Prohibited.
No commercial vehicle shall be housed in any community garage.
24040.14 Farms, Permitted Accessory Uses in District A.
In addition to the accessory uses permitted by Sections 24040.09 through 24040.12,
there shall be permitted the accessory uses as outlined in District D on farms
greater than ten (10) acres in area.
24040.15 Real Estate Office, Temporary.
An accessory use shall include a temporary real estate office located on property
being sold. That use shall be limited to the period of sale but shall not exceed two
(2) years without a special permit from the Board of Zoning Adjustment.
24040.16 Facilities in Railroad Stations.
There shall be permitted as an accessory use, news or refreshment stand or a
restaurant in connection with a railroad station.
24040.17 Buildings in Public Parks.
There shall be permitted as an accessory use recreation and service buildings in a
public park or playground.
24040.18 Animal Enclosure Area, Accessory Use.
Animal enclosure areas shall be at least 15 feet from all property lines.
24060. District B, Use Regulations. In District B no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, moved, constructed or altered except for one (1) or more of the following uses.
24060.1 Any District A Use.
District B use shall include any use permitted in District A including the regulations
as established for that district for private and community garages, stables, servant
quarters and accessory buildings and uses except that in District B a private garage
may provide space for storage for not more than one (1) vehicle for each fifteen
hundred square feet (1,500 sq. ft.) of area.
24060.2 Two-Family Dwelling.
District B use includes a dwelling for two (2) families.
24060.3 Animal Enclosure Area, Accessory Use.
Animal enclosure areas shall be at least 15 feet from all property lines.
24070. District C, Use Regulations. In District C no building, structure, land or premises shall be used, and no building or structure shall be hereafter erected, moved, constructed or altered, except for one or more of the following uses.
24070.1 Any District B Use.
District C use includes any use permitted in District B including the regulations as
established for that district for private community garages, stables, servants quarters
and accessory buildings and uses, except that in District C a private garage may
provide space for storage for not more than one (1) vehicle for each seven hundred
fifty square feet (750 sq. ft.) of lot area.
24070.2 Apartments.
District C use includes apartments, flats or multiple dwellings.
24070.3 Boarding and Lodging Houses.
District C use includes boarding and lodging houses.
24070.4 Fraternity or Sorority Houses.
District C use includes fraternity or sorority house.
24070.5 Hotels.
District C use includes hotels or apartment hotels.
24070.6 Hospitals.
District C use includes hospitals, clinics, sanitariums or homes for the convalescent
or aged, other than for mental patients, alcoholics, contagious diseases or drug
addicts.
24070.7 Philanthropic Eleemosynary Institutions.
District C use includes philanthropic or eleemosynary institutions, other than penal
institutions.
24070.8 Accessory Uses.
District C uses include accessory uses customarily incident to the uses set forth in
Sections 24070.01 through 24070.07 and located on the same lot, but which do not
involve the conduct of a retail business.
a. Operational and Recreational Facilities for Hotel.
There shall be permitted such facilities as are required for the operation of a
hotel or apartment hotel, or for the use of or entertainment of guests or
tenants of the hotel or apartment hotel, when conducted and entered from
within the building, provided no window or other display or sign on the
exterior of the building is used to advertise that use.
b. Animal Enclosure Areas.
Animal enclosure areas shall be at least 15 feet from all property lines.
24080. District D, Use Regulations. In District D, no building, structure, land or premises shall be used and no building or structure shall be hereafter erected, moved, constructed, or altered except for one (1) or more of the following uses.
24080.1 Any District A or B Use.
District D use includes any use permitted in District A and District B.
24080.2 Agricultural.
District D includes agriculture, horticulture, nursery, greenhouse, orchard and
general farming, including raising, fattening and butchering chickens, turkeys and
other poultry.
a. Limitation.
For any of the above uses, there shall be no feeding or disposal of garbage,
rubbish or offal unless a permit for that operation is issued by the Board of
Zoning Adjustment.
b. Length of Permit.
The permit shall be fora stipulated period not exceeding three (3) years.
24080.3 Dairies.
District D use includes dairies, together with creameries, cheese factories, milk
bottling or condensers and similar enterprises which are incidental to the dairy
operation.
24080.4 Conservation Projects.
District D use includes forest and wild life reservations, or similar conservation
projects.
24080.5 Fur Farming.
District D use includes fur farming for the raising of fur-bearing animals.
24080.6 Kennels.
District D use includes kennels, provided that not more than six (6) dogs are kept
during any part of the twenty-four (24) hours and that the buildings and pens shall
be located not less than two hundred feet (200') from any property line.
24080.7 Hatcheries, Etc.
Districts D use includes fish hatcheries, apiaries and aviaries.
24080.8 Mushroom Barns.
District D use includes mushroom barns and caves.
24080.9 Chicken-Dinner Farms.
District D use includes restaurants of a character commonly known as
Chicken-Dinner Farms, provided:
a. Place Meals Served.
That the meals are served in a building of residential character;
b. Setback and Area Restrictions.
That the building be set back from the street or property lines at least one
hundred feet (100') and be located on a tract of not less than five (5) acres;
c. Serving or Consumption of Beer or Liquor.
That there be no provisions or facilities for the serving or consumption of beer
or liquor;
d. No Entertainment.
That there be no floor show or other form of entertainment.
24080.10 Accessory Uses, District D.
District D use includes accessory uses, including repair shops, sheds, garages,
barns, silos, bunk houses, incidental dwellings, buildings and structures commonly
required for the uses set forth in Sections 24080.01 through 24080.09.
a. Minimum Area When Humans Occupy.
Any building, bunk house, incidental dwelling or structure used for human
occupancy must contain six hundred square feet (600 sq. ft.) minimum
ground floor living area, excluding porch, patio and garage.
24080.11 Roadside Stands, Accessory Use.
District D accessory use includes roadside stands offering for sale only products
which are produced on the premises.
a. Minimum.
These roadside stands shall be set back a minimum of twenty feet (20') from
all property lines.
b. Construction.
These roadside stands shall be of temporary construction.
c. Maximum Area.
These roadside stands shall contain a maximum of eight hundred square feet
(800 sq. ft.) of floor area.
d. Signs.
Display of one (1) unilluminated sign not larger than twenty square feet (20
sq. ft.) in area, pertaining to the sale, lease or identification of the premises
on which it is located or to the sale of products raised on the premises is
permitted.
24080.12 Animal Enclosure Areas, Accessory Use.
Animal enclosure areas shall be located at least 50 feet from any property line,
excepting grazing areas for horses, cattle, or other livestock. Animal enclosure
areas include, but are not limited to, pens for swine, corrals, holding pens, kennels,
aviaries, and other animal confinement areas.
Attorney Effective Date: This Ordinance shall be effective immediately upon its signature by the County Executive.
APPROVED AS TO FORM: _______________________________ _________________________________
County Counselor
I hereby certify that the attached Ordinance, Ordinance #2383 of March 6, 1995 was duly passed on _________________________ by the Jackson County Legislature. The votes thereon were as follows:
Yeas _______________ Nays _____________
Abstaining _________ Absents ____________
This Ordinance is hereby transmitted to the County Executive for her signature. ____________________ _____________________________________ Date Mary Jo Brogoto, Clerk of Legislature
I hereby approve the attached Ordinance #2383.
_________________ _________________________________ Date Katheryn J. Shields, County Executive