Chapter 42 – Zoning

Chapter 42–Zoning

 

Subchapter A–General

 

42.010.    Purpose.  The zoning regulations set forth herein are enacted to implement the land use portion of the Comprehensive Development Plan for the City of Holden and to promote the health, safety, morals and general welfare of the citizens of the City.  These regulations are intended to lesson 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.

 

42.020.    Authority.  The provisions set forth in these regulations have been prepared in accordance with the authority granted by the Legislature of the State of Missouri as provided by the Municipal Planning Act of 1963, Section 89.000 to 89.380.

 

42.030.    Jurisdiction.  The jurisdiction of these regulations shall include all land in the Holden corporate limits and shall also apply to any land annexed to the City of Holden.

 

42.040.    Definitions.

 

  1. For the purpose of these regulations, certain terms or words used herein shall be interpreted as follows:

 

  1. The word shall is mandatory, the word may is permissive.

 

  1. The word lot includes the words plot or parcel.

 

  1. For the purposes of these regulations the following terms or words are defined as follows:

 

  1. Accessory use. A use which is customarily incidental to the principal use of the lot, e.g., a garage for the storage of an automobile by the occupant.

 

  1. A narrow service way providing a secondary means of access to abutting properties.

 

  1. This term refers to the amount of land surface

in a lot, plot or parcel.

 

  1. Area requirements. The yard, lot area, lot width, lot coverage and parking requirements as set forth in a specific district.

 

  1. Duplex (two-family dwelling). A structure which contains complete housekeeping facilities for two families.

 

  1. Dwelling unit. A structure or portion thereof which provides complete housekeeping facilities for one family.

 

  1. A special use of property, specifically authorized by a zoning ordinance, but not permitted unless certain stated conditions have been met.

 

  1. A tract of land defined by metes and bounds or boundary lines in a recorded deed or in a recorded plat.

 

  1. Lot, corner. A lot at the intersection of and bounded by two or more streets.

 

  1. Lot of record. A lot which is part of a subdivision recorded in the office of the county recorder, or a lot, plot or parcel described by metes and bounds, the description of which had been so recorded before the effective date of these regulations.

 

  1. (ORD # 6-99) Mobile home. A living unit that has the following general 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.

 

  • (ORD # 6-99) Manufactured away from the building site, built on a permanent chassis, and designed to be transported over the road on its own chassis.

 

  1. (ORD # 6-99) Mobile home, single wide. A mobile home as defined above and consisting of one primary section with permanent sidewalks.

 

  1. (ORD # 6-99) Mobile home, double wide. A mobile home as defined above and consisting of two primary sections which are designed to be fitted together on-site.

 

  1. Mobile home park. A mobile home park is any plat of ground with the supporting elements of drives and utilities upon which ten or more mobile homes, occupied for dwelling or sleeping purposes, are located.

 

  1. Mobile home space. A mobile home space means ground within a mobile home park or approved lot designed for the accommodation of one mobile home.  A mobile home shall be permanently fastened to a concrete slab or foundation and completely skirted.

 

  1. (ORD # 6-99) Modular home. A residential structure,

not a mobile home, which is constructed in whole or part away from the building site, and transported to the building site on a flat bed truck or flat bed trailer.  A modular home is not a “manufactured home” as defined by federal law.

 

  1. Nonconforming use. A land use which does not meet the requirements of the zoning district in which it is located at the time of the effective date of these regulations.

 

  1. Parking space. An on-lot  space available for the parking of one motor vehicle and having an area of not less than 200 square feet, exclusive of space necessary to provide access to a street.

 

  1. Property line. The line bounding a lot as defined herein.

 

  1. Residential structure. A structure containing one or more dwelling units.

 

  1. Anything constructed or erected with a fixed location on the ground, or attached to something with a fixed location on the ground.  Among other things structures including buildings, walks, fences and billboards.

 

  1. Trailer, house. Hereinafter referred to as a “mobile home” and defined in accordance with the definition of “mobile home” above.

 

  1. A relief which may be granted by a zoning board of adjustment to permit the applicant to vary from the terms of the zoning ordinance because unique conditions of a particular piece of property would make compliance an unreasonable hardship.  The variance is usually limited to the field of dimensional requirements.

 

  1. A horizontal distance from a lot line to a designated building line.  A yard is an open space extending the full distance of the lot between a building and the lot line upon which the building is located.

42.050.    Establishment of district.  For the purpose of promotion of the public health, safety, morals and general welfare, the City of Holden, Missouri, is hereby divided into the following types of districts:

  1. R-1, Residential District

 

  1. R-2, Residential District

 

  1. R-3, Residential District

 

  1. C-1, Retail Business District

 

  1. I-1, Industrial District.

 

  1. (ORD # 11-01) AE, Adult Entertainment

District

 

(ORD # 10-01) I-1 and AE property

zone description; A part of the Northeast quarter of Section 10,                      Township 45, Range 28, described as                      beginning at a point on the South                      right-of-way line of the Missouri                      Pacific Railroad Company 1222.35 feet                      Northwesterly along and said south                      right-of-way line from the East line                      of Section 10; thence N 62  30″ 38″ W                         a distance of 22.44 feet; thence W 90                      a distance of 231.66 feet; thence S 0                      a distance of 297.59 feet; thence S                      79  29′ 25″ E a distance of 255.85                      feet; thence N 0  a distance of                      533.90 feet, to the point of                      beginning.  Containing 3.0 acres more                      or less.  All in Johnson County,                      Missouri.

 

42.060.    Zoning map.

 

  1. The City is hereby divided into zoning districts as shown on the official zoning district map. The map, attached hereto as “Exhibit A”, is hereby adopted by reference and declared to be a part hereof.

 

  1. The official zoning district 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 of the City of Holden” together with the date of adoption of the zoning ordinance.

 

42.070.    Application of zoning district regulations.

 

  1. The regulations pertaining to each

zoning district establish the character of the zoning district, and the regulations shall be applied uniformly within the zoning district.

 

  1. The uses permitted or prohibited in each zoning district shall include but shall not be limited to those uses enumerated as being permitted or prohibited within the respective zoning district.
  2. 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.

 

  1. No building or other structure shall hereafter be erected or altered

 

  1. to accommodate or house a greater number of families;

 

  1. to occupy a greater percentage of lot area;

 

  1. to have narrower or smaller rear yards, front yards, side yards, or other open spaces that herein required; or
  2. in any manner contrary to the provisions of these

regulations.

 

42.080.    Interpretation of district boundaries.  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 center line of streets, alleys, easements, other rights-of-way, and creeks, streams or other water channels.

 

  1. District boundary lines are intended to be along or parallel to property lines or the lot lines of platted additions.

 

  1. In the absence of specific distances, such dimensions shall be determined by the scale of the official map (1″=400′)

 

  1. When the street or property layout existing on the ground is at variance with that shown on

the official zoning map, the city planning commission shall interpret the district boundaries of this ordinance.

 

Subchapter B–District Regulations for the R-1 Residential District

 

42.100.    R-1, Residential District.  This district is intended to provide for residential development of moderately spacious character, together with such public buildings, schools, churches, public recreational facilities and accessory uses as may be necessary or are normally compatible with residential surroundings.

 

42.110.    (ORD # 2-99) Permitted uses.

 

  1. Single-family dwelling

 

  1. Duplex (two-family dwelling) by special permit of the City Council

 

  1. Churches and educational buildings

 

  1. Public parks, playgrounds, recreation buildings

 

  1. Existing farms, truck gardens, nurseries

 

  1. Schools, elementary and secondary.

 

42.120.    Area requirements.

 

  1. Minimum lot area:

 

  1. Single-family: 14,000 sq. ft.

 

  1. Minimum lot width: (measured at front yard line)

 

  1. All residential uses: 80 ft.

 

  1. Minimum yard requirements:

 

  1. Front: 35 ft.

 

  1. Side: 10 ft.

 

  1. Side (exterior): 10 ft.

 

  1. Rear: 25 ft.

 

42.125.    (ORD. # 2-99) Minimum Square Foot of Structure.  The following types of residences shall contain the listed minimum square footage of finished living space excluding garages and unfinished basements:

 

  1. Single family dwelling-900 square feet.

 

  1. Duplex-1,800 square feet.

 

All residences currently in existence which are in violation of this section shall be excluded from this section’s provisions; however, this exception shall be forfeited if at any time the original structure is removed from the premises, is replaced with another structure, is destroyed, or the structure’s primary use is changed from that of a residential dwelling.

 

42.130.    Off-street parking.

 

  1. One off-street parking space per each dwelling unit on the lot.
  2. Churches: One (1) parking space for each five (5) seats provided in main sanctuary or meeting room.

 

Subchapter C–R-2, Residential District

 

42.200.    R-2 Residential District.  This district is intended to provide for residential development of moderately spacious character, together with such public buildings, schools, churches, public recreational facilities and accessory uses as may be necessary or are normally compatible with residential surroundings.

 

42.210.    (ORD # 4-97) Permitted uses.

 

  1. Single-family dwelling

 

  1. Duplex (two-family dwelling)

 

  1. Multi-family dwelling

 

  1. Modular housing

 

  1. Mobile home park (by special permit of the City Council)
  2. Churches and educational buildings

 

  1. Public parks, playgrounds, recreation buildings

 

  1. Existing farms, truck gardens, nurseries
  2. Schools, elementary and secondary

 

  1. Funeral homes

 

42.220.    Area requirements.

 

  1. Minimum lot area:

 

  1. Single-family: 7,000 sq. ft.

 

  1. For each additional unit per structure: 1,800 sq. ft.

 

  1. Minimum lot width: (measured at front yard line.

 

  1. All residential uses: 50 ft.

 

  1. Minimum yard requirements:

 

  1. Front: 25 ft.

 

  1. Side: 7 ft.

 

  1. Side (exterior): 10 ft.

 

  1. Rear: 25 ft.

 

(ORD # 4-97) 42.225.     Minimum Square Foot of Structure.  The following types of residences shall contain the listed minimum square footage of finished living space excluding garages and unfinished basements:

 

  1. Single family dwelling-900 square feet.

 

  1. Duplex-1,8000 square feet.

 

  1. Multi-family dwelling-900 square feet per unit.

 

  1. Modular housing-900 square feet.

 

All residences currently in existence which are in violation of this section shall be excluded from this section’s provisions; however, this exception shall be forfeited if at any time the original structure is removed from the premises, is replaced with another structure, is destroyed, or the structure’s primary use is changed from that of a residential dwelling.

 

42.230.    Off-street parking

 

  1. One off-street parking space per each dwelling unit, on the lot.
  2. Churches: One (1) parking space for each five (5) seats provided in main sanctuary or meeting room.

Subchapter D–R-3, Residential District

42.250.    Purpose.  This district is intended to provide for residential development of moderately spacious character, together with such public buildings, schools, churches, public recreational facilities and accessory uses as may be necessary or are normally compatible with residential surroundings.

 

42.260.    (ORD # 4-97) Permitted uses.

 

  1. Single-family dwellings

 

  1. Duplex (two-family dwellings)

 

  1. Multi-family dwellings

 

  1. Modular housing

 

  1. Mobile home park (by special permit of the City Council)
  2. Churches and educational buildings

 

  1. Public parks, playgrounds, recreational buildings
  2. Existing farms, truck gardens, nurseries

 

  1. Schools, elementary and secondary

 

  1. Funeral homes.

 

42.270.    Area requirements.

 

  1. Minimum lot area:

 

  1. Single-family: 7,000 sq. ft.

 

  1. For each additional unit per structure: 1,800 sq. ft.

 

  1. Minimum lot width: (measured at front yard line)
    1. All residential uses: 50 ft.

 

  1. Minimum yard requirements:

 

  1. Front: 25 ft.

 

  1. Side: 7 ft.

 

  1. Side (exterior): 10 ft.

 

  1. Rear: 25 ft.

 

(ORD # 4-97) 42.275.     Minimum Square Foot of Structure.  The following types of residences shall contain the listed minimum square footage of finished living space excluding garages and unfinished basements:

 

  1. Single family dwelling-900 square feet.

 

  1. Duplex-1,800 square feet.

 

  1. (ORD # 12-98) Multi-family dwelling-500 square feet per unit.
  2. Modular housing-900 square feet.

 

All residences currently in existence which are in violation of this section shall be excluded from this section’s provisions; however, this exception shall be forfeited if at any time the original structure is removed from the premises is replaced with another structure, is destroyed, or the structure’s primary use is changed from that of a residential dwelling.

 

42.280.    Off-street parking.

 

  1. One off-street parking space per each dwelling unit on the lot.
  2. Churches: One (1) parking space for each five (5) seats provided in main sanctuary or meeting room.

 

Subchapter E–C-1, Retail Business District

 

42.300.    C-1, Retail Business District.  The retail business district is intended for retail and service uses that provide adequate off-street parking and unloading facilities.

 

  1. (Ord.#6-87) C-2, Limited Retail Business District.  The limited retail business district is intended for retail land service uses on a more limited basis than that provided in C-1 zoning.  The permit uses are as follows;

 

  • Barber shops and beauty salons.

 

  • Eating establishments.

 

  • Offices for professional and service people, including doctors, dentists, lawyers, realtors, and radio and television service and repair.

 

  • Dry cleaning and laundry establishments.

 

  • Automobile service stations.

 

  1. (Ord.#6-87) C-3, Small Retail Business District.  The small retail business district is intended for small retail and service uses such as;

 

  • Barber shops and beauty salons.

 

  • Eating establishments.

 

  • Offices for professional and service people, including doctors, dentists, lawyers, realtors, and radio and television service and repair.

 

42.310.    Permitted uses.

 

  1. Retail establishments which sell such items as groceries, drugs, variety merchandise, dry goods, automotive parts, hardware, feed and poultry supplies, home building supplies, farm equipment, marine equipment

(boats, trailers etc.).

 

  1. Service establishments including banks, barber shops, motion picture theaters, new and used cars, utility offices and various public buildings.

 

  1. Eating establishments (cafes, restaurants).

 

  1. Offices for professional and service people, including doctors, dentists, lawyers, realtors, radio and television service and repair.

 

  1. Drive-in banks, savings and loan associations, etc.

 

  1. Dry cleaning and laundry establishments.

 

  1. Automotive service stations.

 

  1. Automotive repairs and sales (new and used).

 

  1. Warehousing, commercial.

 

  1. Commercial recreation, as bowling alleys, golf driving ranges, drive-in theaters, skating rinks, etc.

 

  1. Automatic laundries (unattended).

 

  1. Motels and motor hotels.

 

  1. Places of public assembly.

 

  1. Printing offices and plants.

 

42.320.    Area requirements.

 

  1. Minimum yard requirements.

 

  1. Front: 25 ft.

 

  1. Side (no side yard required, except for the street side of a corner lot): 10 ft.

 

  1. Rear (from property line or center of alley, if one exists): 15 ft.

 

  1. On-lot parking:

 

  1. Motels, hotels (parking space per sleeping unit):

 

  1. Places of public assembly (space per seating capacity: 1 per 5 seats.

 

  1. Maximum height.

 

  1. Stories: 2

 

  1. Not to exceed: 36 feet

42.330.    Parking.  On-lot parking spaces shall be provided for each employee and one space per 500 square feet of floor area.

 

42.340.    Special rule when adjoins residential district.  When a commercial zoning district abuts a residential zoning district, a minimum side yard and rear yard of 25 feet and a front yard of one-half the distance required for the residential district shall be required.

 

Subchapter F–I-1. Industrial District

 

42.400.    Purpose.  The I-1, Industrial District is intended for general manufacturing and industrial activities normally associated with industrial operations.  The district is intended to provide a location for industries involved in the general manufacturing, wholesaling, warehousing, and/or fabrication of goods and materials.

 

42.420.    Permitted uses.

 

  1. (ORD # 02-02)) All uses permitted in the zoning district described in this zoning ordinance.

 

  1. All other uses not otherwise prohibited by law.

 

  1. (ORD # 02-02) Mobile homes are allowed in areas zoned I-1 with the permit of the City Council.

 

42.430.    Uses prohibited.  All uses of land, building and structures or industrial processes that may be noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, odor, gas, fumes, noise, vibrations or similar substances or conditions; provided, however, that any such use may be permitted if approved by the City Council and subject to the securing of a special permit which specified such restrictions, conditions and safeguards as may be deemed necessary by said City Council for the purpose of protecting the health, safety, morals or the general welfare of the community.

 

42.440.    Area requirements.

 

  1.     I-1, Industrial District.

 

  1. Lot coverage: The entire lot may be covered, except as hereinafter specified.

 

  1. Yards:

 

  • Front: 20 feet

 

  • Rear: 20 feet

 

  • Side: 5 feet

 

  1. On-lot parking: adequate on-lot parking space shall be provided for all employees and visitors.

 

  1. On-lot parking, loading and unloading facilities: Each structure or use shall provide on-lot loading and unloading facilities which shall not block a street, alley or other public way.

 

42.450.    (ORD # 02-02)  Permit Procedures for Placing Mobile Homes in

Industrial Areas.   Anyone wishing to place a mobile home within the City of Holden, not within a mobile homer park, and on property zoned I-1, may request the City Council to issue a permit for such placement, provided that the following procedures are complied with.

 

  1. The City Clerk must be contacted so a date for the public meeting of the City Council can be established. Such meeting shall not be scheduled sooner than 15 days after contact is made with the City Clerk.

 

  1. A sign must be conspicuously placed on the property on which the mobile home is sought to be placed setting forth the date that the public meeting of the Holden City Council will take place to determine whether a mobile home will be permitted to be placed upon the property. The sign must be placed so that it can easily be seen from a sidewalk or street passing by the property.  Such signs will be available from the City Clerk.

 

  1. A photograph, brochure, floor plan, and all other similar information pertaining to the mobile home, including the purchase price and the name and address of the person or entity from whom the mobile home is being purchased, shall be provided to the City Clerk at least three business days before the public meeting of the City Council.

 

  1. A certified letter must be sent to all property owners whose property is located within 185 feet of the property on which the mobile home is desired to be placed, stating the date, time, and place of the public meeting and the general purpose of such meeting. If there is more than one property owner, the letter need only to be sent to one of the owners.  The names and addresses of the property owners should be obtained through the Johnson County Assessor’s and Recorder’s Office, and such names and addresses shall be presumed valid.  The letter referenced herein must be mailed no later than ten days prior to the meeting.  A list of all persons who were mailed a certified letter including the addresses to which the letters were mailed must be provided to the City Council.  A return receipt corresponding to each letter mailed must also be provided to the City Council.  A form letter containing all essential requirements will be available from the City Clerk.

 

42.555.   Permit granted when.  The City Council shall grant an applicant permission to place a mobile home within the City, outside a mobile home park, in an area zoned I-1, if the applicant complies with all requirements set forth in this chapter and all other applicable ordinances and after careful consideration of the following factors, the City Council believes that the granting of the permit is in the best interest of the City.

 

  1. The size of the mobile home.

 

  1. The cost of the mobile home.

 

  1. The design, construction, material composition, and general appearance of the mobile home.

 

  1. The surrounding usage of the property where the mobile home is sought to be placed.

 

  1. The effect the mobile home will have on the surrounding property owners’ property values and the use of their property.

 

  1. The mobile home’s physical location on the property.

 

  1. The impact the mobile home’s placement will have on the City’s planning objectives.

 

Subchapter G–Mobile Homes

 

42.500.    (ORD # 02-02) Locations.

 

  1. A mobile home (single or double wide)

shall not be temporarily or permanently parked or located on any public street or alley.

 

  1. All mobile homes, both single and double wide, shall be placed only in an approved mobile home park, or after permission from the City Council, in an area zoned I-1.

 

  1. Those mobile homes located outside mobile home parks with approval of the City Council shall remain as situated and may not be relocated within the City, except to a mobile home park, or after permission from the City Council, in an area zoned I-1.

 

  1. In the event a mobile home located outside of a mobile park, is moved to another location, or is removed from the property for any reason, a subsequent mobile home shall not be allowed to replace the previous mobile home, unless the original mobile home is on property zoned I-1, and permission from the City Council is obtained to place the subsequent mobile home on the property.

 

  1. There shall not be more than one mobile home (single or double wide) allowed on a single lot in the City, unless such lot is converted into a mobile home park.

 

  1. A mobile home may be permitted by the City Council after a public hearing, for purposes of temporary relief from a local disaster, such as fire, wind or flood damage, provided such mobile home shall be removed from the premises within six months of its original placement.
  2. A mobile home (single or double wide) shall not be temporarily or permanently placed on any lot containing a residential or business structure, except when in complete conformity with the zoning and other ordinances of the City of Holden.

 

42.505.    (ORD # 4-97) Skirting.   All mobile homes located within the City of Holden must be skirted on all sides, and such skirting must be made of a material and so constructed that the skirting is harmonious with the mobile home structure.

 

42.510.    (ORD $ 4-97) Mobile Home Parks.

 

  1. Minimum space size. Each mobile home park shall have dimensions of at least thirty-five (35) feet in width and no less than 2,450 square feet.

 

  1. Stands and Skirts. Each mobile home space in a mobile home park shall contain a portland cement or asphaltic concrete stand upon which the mobile home will be situated, and each home shall be equipped with skirts on all sides, such skirts to be of material harmonious to the mobile home structure.

 

  1. At least one parking space for each mobile home shall be provided within sixty (60) feet of the mobile home.  Such parking space shall be off the public street or private drive, and shall be not less than ten feet by twenty feet (10′ x 20′) in size, and shall be hard-surfaced to at least the standard set out above for drives.

 

  1. Open space. Each mobile home in a mobile home park shall be located on the mobile home space so that no part of one mobile home structure is closer than twelve (12) feet to another mobile home, or to the edge of the

surface of an adjacent drive.  No mobile home shall be located closer than thirty (30) feet to the boundary line of the mobile home park or to a public street.

 

42.520.    (ORD # 4-97) Procedure for City Council Approval.  Anyone wishing to place a modular home within the City of Holden, not within a mobile home park, may request the City Council to issue a permit for such placement, provided that the following procedures are complied with.

 

  1. The City Clerk must be contacted so a date for the public meeting of the City Council can be established. Such meeting shall not be scheduled sooner than 15 days after contact is made with the City Clerk.

 

  1. A sign must be conspicuously placed on the property on which the modular home is sought to be placed setting forth the date that the public meeting of the Holden City Council will take place to determine whether a modular home will be placed so that it can easily be seen from a sidewalk or street passing by the property. Such signs will be available from the City Clerk.
  2. A photograph, brochure, floor plan, and all other similar information pertaining to the modular home. including the purchase price and the name and address of the person or entity from whom the modular home is being purchased, shall be provided to the City Clerk at least three business days before the public meeting of the City Council.
  3. A certified letter must be sent to all property owners whose property is located within 185 feet of the property on which the modular home is desired to be placed, stating the date, time, and place of the public meeting and the general purpose of such meeting. If there is more than one property owner, the letter need only to be sent to one of the owners.  The names and addresses of the property owners should be obtained through the

Johnson County Assessor’s and Recorder’s Office, and such names and addresses shall be presumed valid.  The letter referenced herein must be mailed no later than ten days

prior to the meeting.  A list of all persons who were mailed a certified letter including the addresses to which the letters were mailed must be provided to the City Council.  A return receipt corresponding to each letter mailed must also be provided to the City Council.  A form letter containing all essential requirements will be available from the City Clerk.

 

42.525.    (ORD # 4-97) Permit granted when.   The City Council shall grant an applicant permission to place a modular home within the City if the applicant complies with all requirements set forth in this chapter and all other applicable ordinances and after careful consideration of the following factors, the City Council believes that the granting of the permit is in the best interest of the City.

 

  1. The zoning district where the modular home is sought to be placed.

 

  1. The size of the modular home.

 

  1. The cost of the modular home.

 

  1. The design, construction, material composition, and general appearance of the modular home.

 

  1. The neighborhood where the modular home is sought to be placed.
  2. The effect the modular home will have on the surrounding property owners’ property values and the enjoyment of their property.

 

  1. The modular home’s physical location on the property.

 

  1. The type of surrounding homes and their values.

 

  1. The impact the modular home’s placement will have on the City’s planning objectives.

 

42.535.    (ORD # 6-99)  Modular homes-exterior appearance requirements.  A modular home shall have exterior building materials and appearance similar to a traditional single family dwelling in the neighborhood where the modular home is to be located.

 

42.550.    (ORD # 4-97) Inspection.  Any police officer, building inspector, or other authorized agent of the City may lawfully enter upon any property in order to inspect any mobile or modular home within the City for compliance with this chapter.

 

Subchapter H–General Regulations

42.600.    Annexed areas.  All territory which may hereafter be included within the zoning jurisdiction of Holden shall be subject to the requirements of the R-1, Residential District, or otherwise conform to the land use category shown on the comprehensive plan, until such time as the zoning district shall have been amended to zone such territory otherwise.

 

42.610.    Completion of existing buildings.  Nothing herein contained shall require any change in plans, construction or designated use of a building actually under construction at the time of effective date of these regulations.

 

42.620.     (ORD # 4-00) Accessory building.  An accessory building is any structure used for either storage or other accessory use.  An accessory building must be constructed on site or be transported to its final location by flat bed truck.  Any structure manufactured away from the building site, built on a permanent chassis, and designed to be transported over the road on its own chassis is prohibited from being placed on any property with the City of Holden, unless specifically allowed by other ordinances, and may not under any circumstance be used as an accessory building.  No recreational vehicles, commercial vehicles, motor vehicles, construction trailers, buses, vans, freight boxes, freight cars, transportation containers, or trailers shall be used as an accessory building.  The provisions of this section shall not apply to structures used at construction sites for less than three months to store construction materials to be used on-site or to house an on-site construction office; however, this exception shall lapse after three months, and any extension of time must be obtained from the city council.  In residential districts, an accessory building shall have a minimum side and rear yard of ten (10) feet.

 

42.630.    Occupations permitted in structures utilized for residential purposes in a residential zone(home occupations).  An occupation may be carried on in a residential structure in a residential district only when it:

 

  1. Does not require the use of more than two rooms otherwise normally considered as living space.

 

  1. Does not require the use of an accessory building or yard space or an activity outside the main structures not normally associated with residential uses.

 

  1. Does not have a sign in excess of four square feet in area to denote the business, occupation or profession and such sign must be attached to the structure.

 

  1. Does not involve the display of goods and services outside the structure.

 

  1. (ORD. 4-96) No person other than a resident of the dwelling unit shall be engaged or employed in the home occupation, and the number of residents engaged or employed on the premises in the home occupation shall not exceed two.

 

  1. (ORD 4-96) There shall be no regular and steady visitation or concentrated coming and going of clients or off-site employees to or from the premises.

 

  1. (ORD 4-96) The City Clerk may issue a home occupation permit for a home occupation that complies with the provisions of this section.  Home occupation permits, once granted, may be revoked by the City Council for cause after a hearing before the City Council.

42.640.    Lot of record.  On any lot of record in a residential district, a one-family structure may be erected even though the lot be of less area or width than required by the regulations of the residential area in which the lot is located, provided all other area requirements are met.

 

42.650.    Non-conforming.

 

  1. Non-conforming use of land or structures may be continued if the following are complied with:

 

  1. A non-conforming use of land shall not be changed to a conforming one.

 

  1. The area devoted to a non-conforming use of land cannot be extended beyond the lot area on which located.

 

  1. A non-conforming use of structure may be changed to another use in the same zoning classification as the original use provided the planning commission finds that such change of use is as compatible for the area as the original non-conforming one.

 

  1. A non-conforming structure may be enlarged with the approval of the planning commission but in no event shall the enlargement of the structure be in violation of the existing area requirements for the zoning district in which the structure is located.

 

  1. A non-conforming structure may not be rebuilt or reestablished if said structure is damaged in excess of two-thirds of its fair market value immediately prior to damage.

 

42.660.    Parking of recreational equipment and commercial vehicles, prohibited; exceptions.

 

  1. No one shall park or store recreational equipment or commercial vehicles on any street or highway or public or private property within the City of Holden, Missouri, except as hereinafter provided. Any owner or operator of recreational equipment not in excess of 35 feet in overall length, or any commercial vehicle of the pick-up variety having a weight in accordance with the following conditions;

 

  1. If the recreational equipment of commercial vehicle is parked or stored outside of a garage, it shall be parked or stored to the rear of the front building line of the lot.

 

1)  It shall not be parked or stored on any part of the front yard, except that, where access by driveway or alley to the rear of the front building line is not available, such vehicle can be parked or stored in any place on the lot which is improved with an established driveway surfaced with blacktop or concrete.  No part of such vehicle shall overhang the limits of such established driveway.

  1. Notwithstanding the provisions of this ordinance, recreational equipment and commercial vehicles, for purposes of loading and unloading, may be parked on any public or private street immediately adjacent to property owned or occupied by the owner of such vehicle but no such parking shall exceed twenty-four (24) hours in any seven (7) day period.

 

  1. All recreational equipment and commercial vehicles must be kept in good repair.

 

  1. Any person, firm or corporation which violates the provisions of this ordinance shall be deemed guilty of a misdemeanor.

 

  1. Recreational equipment: As used in this Chapter, recreational equipment is defined as and shall include the following:

 

  1. Travel trailers: a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified “travel trailer” by the manufacturer.

 

  1. Pick-up camper: a structure designed primarily to be mounted on a pick-up truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.

 

  1. Motorized home: a portable dwelling designed and constructed as an integral part of self-propelled vehicle.

 

  1. Folding tent trailer: a canvas folding structure, mounted on wheels and designed for travel and vacation use.

 

  1. Boats and boat trailers: shall include boats, floats and rafts, plus the normal equipment to transport the same on the highway.

 

  1. Vehicles licensed by a state authority as recreational vehicles.
  1. Any truck or semi-trailer tractor larger than 1 ton shall not be parked on the city street overnight.

 

  1. Any vehicle transporting hazardous or toxic material shall not be parked on any city street overnight. Further, any such vehicle shall not be left unattended at any time for any reason except for a bona fide emergency.

 

42.670.    Zoning compliance permit must be issued by city clerk.  Each site must be inspected by designated person and issued a permit signed by chairman of Holden zoning commission before construction begins.  Full compliance with zoning ordinances will be required before the permit can be validated.  Permit must be displayed on building site.  No public utilities will be hooked up without an approved zoning compliance permit.  Cost of zoning compliance permit shall be a fee of $15.00.

 

42.680.    Amendment to text of regulations.

 

  1. The City Council may recommend to the planning commission amendments to the text of these regulations, or the planning commission may on its own motion initiate amendments.

 

  1. Proposed amendments to the text shall be advertised in a paper of general circulation at least 15 days in advance of a public hearing to be conducted by the planning commission. After the public hearing, the planning commission shall make a report and recommendation to the City Council action on the report and recommendation shall be final.

 

(ORD # 4-97) Subchapter J–Modular Homes

 

42.681.    Locations.

 

  1. A Modular home shall not be temporarily or permanently parked or located on any public street or alley.

 

  1. Those modular homes located outside mobile home parks with approval of the City Council shall remain as situated and may not be relocated within the City, except to a mobile home park, without the permission of the City Council.

 

  1. In the event a modular home is located outside of a mobile home park, is moved to another location, or is removed from the property for any reason, a subsequent modular home shall not be allowed to replace the previous modular home without the permission of the City Council.

 

  1. There shall not be more than one modular home allowed on a single lot in the City.

 

  1. A modular home shall not be temporarily or permanently placed on any lot containing a residential or business structure, except when in complete conformity with the zoning and other ordinances of the City of Holden.

42.685.    Foundation and skirting.  All modular homes placed within the City and not within a mobile home park must be placed on a permanent foundation.  The modular home must be skirted or the foundation covered as in traditional housing construction.

 

Subchapter K–Change in Zoning District Classification

 

42.700.    Initiation and procedures for change in zoning classification.

 

  1. A proposed change in a zoning district classification may be initiated by a letter of request by one or more owners or lessees of a property within the area proposed to be changed. Such a letter shall be addressed to the planning commission and shall be

filed with the secretary of the planning commission not less than forty-eight (48) hours prior to the regular monthly meeting.

 

  1. The applicant for the change shall file an application for change in zoning classification on forms provided by the planning commission who shall schedule same for a public hearing before the commission not less than thirty (30) days and not more than ninety (90) days from the date of filing. The commission shall publish a notice of the time and place of the public hearing on the proposed change in zoning district classification, which notice shall be published at least once not less than fifteen (15) days preceding the date of such hearing, in an official paper or a paper of general circulation in Holden; said notice shall contain a description of the property and change proposed.  The planning commission shall give or cause to be given such additional notice of such hearing to interested persons and organizations as it shall deem feasible and practicable.

 

  1. The planning commission shall conduct the public hearing on the proposed change in zoning classification.

 

  1. Following the public hearing, the proposed change in zoning classification may be approved as presented or in modified form by a majority vote of the planning commission and recommended for adoption by the City Council, with reasons for such recommendation stated in writing.

 

  1. The City Council, by majority vote, may by ordinance adopt the recommended amendment submitted by the planning commission.

 

  1. If the City Council does not concur with the recommendation of the planning commission, the City Council shall return the recommendation to the planning commission for further study and report.  After resubmission of the recommendation, the City Council may, by majority vote, accept, reject or modify the recommendation pertaining to the proposed change in zoning classification.

 

  1. If the planning commission disapproves a proposed change in zoning classification, notice of disapproval shall be given in writing to the petitioner within fifteen (15) days from the date of the decision.

 

  1. Following disapproval of a proposed change in zoning classification by the planning commission, the petitioner may appeal such disapproval to the City Council, provided that the petitioner states specifically in writing to the city clerk why he considers the planning commission’s findings and decision to be in error. Such appeal shall be filed with the city clerk within fifteen (15) days of receipt of notice of planning commission action.

 

42.710.    Resubmission of application.  No application for change of zoning for a given property may be resubmitted within twelve (12) months from date of action by the planning commission, unless the planning commission finds that a substantial reason exists for waiving this limitation.

 

42.720.    Fee.  Applications shall be accompanied by a filing fee of $50.00 to assist in defraying general expenses in connection with the application for a change in zoning.

 

Subchapter L–Enforcement

 

42.800.    Enforcement officer.  The provisions of this ordinance shall be administered by an enforcement officer approved by the City Council.

 

42.810.    Penalty for violations.  Any person or corporation who shall violate any of the provisions of this ordinance or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building in violation of any detailed statement or plan submitted and approved hereunder, shall be guilty of a misdemeanor and shall be liable to a fine of not more than Five Hundred Dollars ($500.00).  Each day such violation is permitted to exist shall constitute a separate offense.  The owner or owners of any building or premises or part thereof where anything in violation of this ordinance shall be placed, or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction thereof shall be fined as hereinbefore provided.

 

(ORD # 11-01)

Subchapter M–Adult Entertainment District

42.830.    Scope of Provisions.  This subchapter contains the regulations of the “AE” Adult Entertainment areas.  These regulations are supplemented and qualified by additional general regulations appearing elsewhere in this Chapter which are incorporated as part of this section by reference.

 

42.840.    Purpose and Intent.  In development and execution of this subchapter, it is recognized that there are some uses of property which, because of their very nature, and are recognized as having serious objectionable operational characteristics; are inconsistent with certain other property uses; are recognized as a special concern from a law enforcement and a public health and safety standpoint; thereby having a deleterious effect upon the use and enjoyment of adjacent areas.  Special regulations of these uses is necessary to insure that these secondary effects will not contribute to the blighting or downgrading of the surrounding neighborhoods; will promote a more compatible use of all properties regulated; and will further the City’s ability to provide proper law enforcement and address public health and safety concerns.  These special regulations are itemized in this section.  The primary control or regulation is for the purpose of planning zoning area boundaries, law enforcement and public safety concerns, and to promote property usage in such a manner that all property owners are benefited.  Uses subject to these controls are as follows:

 

Adults-only bookstores

Adults-only motion picture theaters

Adult cabarets

Adult entertainment arcades

 

Adult entertainment centers

Massage parlors

 

42.850.    Definitions.  Whenever used in this section, the following words or phrases shall have the meanings ascribed to them:

 

  • Adults-only bookstore: an establishment having as a substantial or significant portion of its stock in trade, books, magazines, films for sale, or viewing on premises by use of picture devices or other coin-operated means, and other periodicals which are distinguished or characterized by their principal interests on matters depicting, describing or relating to lewdity, sexual conduct, sexual excitement or sadomasochistic abuse, or an establishment with a segment or section devoted to the sale or display of such material, for sale to patrons therein.

 

  • Adults-only motion picture theater: an enclosed building used regularly and routinely for presenting programs, films, or material distinguished or characterized by an emphasis on matters depicting, describing or relating to nudity, sexual conduct, sexual excitement or sadomasochistic abuse for observation by patrons therein.
  • Adult cabaret: an adult entertainment facility, or that part of an adult entertainment facility, which regularly features or otherwise offers to the public, customers or members, in a viewing area which is designed for occupancy by more than five persons, any live exhibition, performance or dance by a person or persons whose exhibition, performance or dance is characterized by nudity, or by specified sexual activities.

 

  • Adult entertainment arcade: an adult entertainment facility, or that part of an adult entertainment facility, which regularly features or otherwise offers to the public, customers or members, in a viewing area or viewing areas which is/are designed for occupancy by no more than five persons, any live exhibition, performance or dance of any type by a person or persons whose exhibition, performance or dance is characterized by nudity, or by specified sexual activities.

 

  • Adult entertainment center: any building, structure or facility which contains or is used for commercial entertainment, adults-only bookstores, adults-only theaters, massage parlors, theaters used for presenting live presentations, or for presenting videotapes or films predominantly distinguished or characterized by their principal emphasis on matters depicting, describing, or relating to specified sexual activities, adult cabaret facilities, and adult entertainment arcades (regardless of whether the theater, facility or arcade provides a live presentation, videotape, or film presentation), where the customers either (1) engage in personal contact with, or allow personal contact by, employees, devices or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patrons; or (2) observe any live presentation, videotape or film presentation of persons wholly or partially nude with their genitals or pubic region exposed or covered only with transparent covering or, in the case of female persons, with the

areola and nipple of the breast exposed or covered only with transparent covering, or observe specified sexual activities.

 

  • (ORD # 14-01) Massage parlor: an establishment or place primarily in the business of providing massage services. However, a massage parlor shall not include any business wherein the person performing the massage service is

licensed by the Missouri Board of Therapeutic Massage, or is exempt from such licensure pursuant to the provisions of Chapter 324.240 to 324.275 RSMo or the regulations promulgated by the Missouri Board of Therapeutic Massage.

 

  • Nudity: the showing of the male or female genitals, pubic area, or the female breast below the top of the areola, with less than a full opaque covering, or the depiction of covered male genitals in a discernibly turgid state.
  • Sadomasochistic abuse: flagellation or torture by or upon a person in the condition of being fettered, bound or otherwise physically restrained.

 

  • Sexual conduct: acts of masturbation, homosexuality, sexual intercourse or physical contact with a person’s unclothed genitals, pubic area, or breasts.

 

  • Sexual excitement: the condition of human male or female genitals when in a state of sexual stimulation or arousal.
  • Specified sexual activities: sexual conduct, being actual or simulated, normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact in an act of apparent sexual stimulation or gratification, with a person’s clothed or unclothed genitals, pubic area, buttocks, or the breast of a female; or any

sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification, as such terms are defined in the pornography and related offenses chapter of the Missouri Criminal Code.

 

42.860.    Location restrictions.

 

  • No adults-only bookstore, adults-only motion picture theater, adult cabaret, adult entertainment arcade, adult entertainment center, or massage parlor, shall be operated or maintained except within the AE zoning district.

 

  • No adult-only bookstore, adults-only motion picture theater, adult cabaret, adult entertainment arcade, adult entertainment center, or massage parlor, shall be operated or maintained within 1000 feet of a residentially zoned district, or within 500 feet of a church, state licensed daycare facility, public library, public park, or public school.

 

  • No owner, manager, or operator of any of the sexually-oriented businesses as defined in Section 42.850 shall establish or allow the establishment or operation of, any such business in an area zoned other than AE.
  • The distance limitations in Subsection (b) above shall be measured in a straight line from the main public entrance of the business premises or from the lot lines of property of a residentially zoned district.

 

42.870.    Sign requirements.  All uses regulated hereunder shall comply with the following sign requirements:

 

  • All signs shall be flat wall signs.

 

  • The amount of allowable sign area shall be one square foot of sign area per foot of lot frontage on a street.

 

  • No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from the street or sidewalk.

 

42.880.    Invalidity.  If any clause, section or other part of this ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby, but shall remain in full force and effect.

 

42.890.    Lot Area, Setback and Yard Requirements.  The minimum lot area requirements for land uses and developments in the AE District shall be as set out below:

 

  • Minimum Lot Area Requirements.

Every lot or tract of land shall have an area sufficient to meet the setback requirements of this section.

 

  • Setback from Lot Boundary Lines.

No structure is allowed within thirty feet of a front, side or rear lot boundary line.

 

42.900.    Height Restrictions.

 

  1. No structure shall consist of more than 2 stories or at a height greater than 34 feet.

 

42.910.    Off-Street Parking and Loading.

 

  1. There shall be one off-street parking space for every three customer seats located in the structure, or one off-street parking space for each employee and one space for each 500 square feet of floor area, whichever is greater.

 

  1. Each structure shall provide off-street loading and unloading facilities so that while materials are being loaded and unloaded, no part of a street or alley is obstructed.

 

42.920.    Permitted Uses.

 

  1. All uses, except residential, permitted in the zoning district described in this subchapter.

 

  1. All other uses not otherwise prohibited by law.