Chapter 42 Article III: Zoning - City of Rolla Municipal Code

This Article is adopted in order to promote the health, safety, morals, and the general welfare of the community by regulating the height, number of stories, and the size or bulk of buildings and other structures, lot coverage, the size of yards and other open spaces, the density of population and the location and use of buildings and structures for trade, industry, residences or other purposes. Additional purposes include the conservation and protection of property values and the economic use of property as well as the prevention of traffic congestion and the mitigation of adverse environmental impacts from the conduct of business in Rolla. (Ord. 3414)

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Sec. 42-139. Regulated Activities.

(a) Territorial Application of Regulations: The regulations and restrictions in this Article shall apply to all buildings, structures, and land uses within the corporate limits of the City of Rolla, unless otherwise exempted or grand-fathered by other provisions of this Article.

(b) Application to New Uses of Existing Structures: If a use of any building or structure is hereafter changed to another use, then the new use must comply with the use regulations of this Article, but the establishment of a new use does not require an existing building or structure to conform to the lot size, open space or bulk regulations of this Article.

(c) Application for Expansion and Enlargement: If any building or structure is expanded or enlarged after the effective date of this Article:

(1) The entire building or structure shall comply with the use regulations of this Article;

(2) Any expansions or enlargements of a building or structure shall comply with the bulk and open space regulations of this Article, and

(3) The off-street parking facilities shall not be reduced below the minimum requirements applicable to a similar new building, structure or use.

(d) Application to Existing Uses, Buildings and Structures: Any use, building or structure that does not conform to the regulations of this Article, but were lawful and conforming when established or constructed, may continue subject to the restrictions under Division 20, Section 42- 247 pertaining to non-conforming uses.

(e) Application to Existing Variances, Special Exceptions and Use Permits: Variances, special exceptions and use permits granted prior to the effective date of this Article shall remain valid provided the use authorized has been established. However, no such building, structure or use shall be altered, changed or expanded unless a conditional use permit has been granted pursuant to Section 42-234.

(f) Application to Open Land Uses: If any use of open land is established or if any use of open land is changed to another use after the effective date of this Article, such new use shall comply with all of the regulations of this Article. (Ord. 3414)

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Sec. 42-140. Rules of Interpretation.

When referring to this Article, the following rules of interpretation shall be applied, except when the context clearly requires otherwise.

(a) The word shall is always mandatory and not discretionary. The word may is permlsslve.

(b) Words used in the present tense shall include the future and words used in the singular include the plural and the plural the singular, unless the context clearly indicates the contrary.

(d) The word person includes individuals, firms, corporations, associations and any other similar entities.

(e) The words parcel, site, or tract are synonymous and are general terms for the description of land.

(f) The word City means the area of jurisdiction of the City of Rolla, Missouri. (Ord. 3414)

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Sec. 42-141. Definitions.

Words found in the text or tables of this Article shall be interpreted in accordance with the provisions set forth in this Section. Where words have not been defined, the standard dictionary definition shall prevail. The following terms are hereby defined:

Accessory structure or building: A structure which is subordinate to and serves a principal structure; is subordinate in area, extent or purpose; and is located on the same lot with the main use or building.

Acre: A measure of land area containing forty three thousand five hundred sixty (43,560) square feet.

Adult day care home: That portion of a residence wherein the owner or occupier of the residence provides care and supervision to meet the needs of up to eight (8) functionally impaired adults for periods of less than twenty-four (24) consecutive hours, without overnight accommodations. (Ord. 3748, §1)

Agricultural activity: The production, keeping or maintenance, for sale, lease or personal use, of plants and animals, excluding feed lots, stockyards, and animal slaughter or meat processing facilities.

Alley: A public way that extends only secondary means of access to abutting property.

Alteration, structural: Any change in a supporting member of a building.

Apartment: A room or suite of rooms in an apartment house arranged, designed or occupied as the residence of an individual or family.

Apartment structure: Same as "Dwelling, multi-family."

Automobile sales: An open area, other than a street or required automobile parking space used for the display or sale of new or used automobiles or trailers, and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed and sold on the premises.

Automobile service station: Any premises used for supplying gasoline, oil, diesel and liquefied petroleum gases, at retail direct to the customer, including minor accessories and services for vehicles.

Automobile wrecking or salvage yard: An open area used for dismantling or wrecking of any type of used vehicles or the storage, sale or dumping of dismounted or wrecked vehicles or their parts and accessories.

Bar: See Tavern.

Basement: A story partly or wholly below grade. For purposes of height measurement a basement shall be counted as a story where more than one-half (1/2) of its height is above the average level of the adjoining ground.

Berm: A mound of earth, typically located in a buffer-yard to shield or block noise, lights or other nuisances.

Boarding, rooming and lodging house: A building other than a motel where lodging and/or meals is provided by the owner or operator for three (3), but not more than five (5) persons for compensation.

Buffer-yard: Land area typically containing trees, shrubs and other plants, berms, fences or walls and used to visibly separate one use from another or to limit nuisances.

Building: A structure having a roof supported by columns or walls.

Building codes: The Building Code of the City of Rolla, Missouri together with electrical, plumbing, fire, and any related code(s), including any regulations adopted in conformance therewith.

Building unit, group: Two or more buildings (other than dwellings) grouped upon a lot and held under single ownership, such as universities, hospitals, and institutions.

Building line: A line located a minimum horizontal distance from the center of the street and parallel thereto, beyond which no part of a building shall extend.

Building, front of: The side of a building most nearly parallel with and adjacent to the front of the lot on which it is situated.

Building, principal: A building in which is conducted the principal use of the lot on which it is situated.

Bulk requirements: Standards that control the height, lot coverage, and location of structures.

Bulk storage: The storage of chemicals, petroleum products and other materials in aboveground containers for resale to distributors or retail dealers or outlets.

Cemetery: Property used for the interring of the dead, including mausoleums.

Child care center: A state licensed child day care facility permitted to serve more than ten (10) unrelated children and required to utilize a commercial grade kitchen.

Child day care: The care of a child away from his own home on either a commercial or noncommercial basis for any part of a twenty- four (24) hour period.

Child care home, family: A state licensed child care facility permitted to serve no more than ten (10) unrelated children.

Child day care home: An unlicensed child day care facility permitted to serve no more than four (4)-unrelated children.

Church: A building or structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of religious services and associated accessory uses.

Clinic, medical or dental: An institution or station for the examination and treatment of all ill and affected out patients where overnight lodging is limited to one (1) night.

College: An institution that provides post-secondary educational program, including classrooms, laboratory and administration buildings, libraries, dormitories, dining halls, student centers, auditoriums, chapels, gymnasiums, stadiums, fraternities, sororities, etc.

Community center: A building for social, educational, and recreational activities of a neighborhood or community, provided any such use is not operated primarily for commercial gain.

Community treatment center: Structures and land used for the inpatient and/or outpatient treatment of alcohol and other drug abuse, for the evaluation of treatment needs, and /or for services to family members of patients in a program accredited by the Department of Mental Health/Division of Alcohol and Drug Abuse, the Commission for the Accreditation of Rehabilitation Facilities, the Joint Commission for the Accreditation of Hospitals, or the American Osteopathic Association.

Convenience store: A retail establishment typically having a gross floor area of five thousand (5,000) square feet or less; primarily selling petroleum products, foods, as well as other household goods customarily sold in larger food markets and supermarkets.

Conditional use: A use permitted in a particular zoning district only upon showing that such use in a specific location will comply with all the conditions and standards for the location or operation of such use as specified in this Article and authorized by City Council.

Condominium: A building, groups of buildings or property in which units are owned individually and all the owners on a proportional, undivided basis own the common elements.

Curb grade: The elevation of the established curb in front of the building measured at the center of such front. Where no curb grade has been established, the city engineer shall establish such curb grade or its equivalent for the purpose of this Article.

Dance hall: Any place open to the public in which persons move with either backward, forward or side steps, accompanied by music.

Depth of rear yard: The horizontal distance between the rear line of the main building nearest the rear property line, otherwise the rear lot line.

District: A section of the City of Rolla, for which the regulations governing the areas, heights or uses of buildings or lots are uniform.

Drive-in facility: A facility, typically accessory to a principal use, which encourages or permits customers to order, receive and consume goods and services while remaining in their motor vehicles.

Duplex: A structure on a single lot containing two dwelling units, each of which is totally separated from the other.

Dwelling: A building or portion thereof designed exclusively for residential occupancy, each with separate toilets and kitchen facilities and intended to function as separate dwelling units with, for example, individual utility meters, addresses, etc., but not including hotels, motels, boarding, rooming and lodging houses; and institutional care facilities.

Dwelling, single-family detached: A detached building surrounded by open space on the same lot designed exclusively for occupancy by one family or a foster home which provides 24-hour care for seven or less unrelated children.

Dwelling, two-family: See Duplex

Dwelling, single-family semi-detached: A dwelling unit attached to one or more dwelling units by common vertical walls without opening, each unit located on a separate lot of record.

Dwelling, multi-family: A building or portion thereof arranged, designed or occupied as a residence by three or more individuals or families having separate quarters and living independently of each other.

Economic hardship: When the landowner cannot economically utilize the property and it is impractical to sell or lease it or no market exists for it at a reasonable price.

Efficiency apartments: A building occupied or designed for living units in apartments containing not less than three hundred (300) square feet per apartment; excluding public halls, corridors, or stairways.

Family: The following living arrangements shall constitute a family:

One (1) or more persons related by blood, marriage, adoption or custodial relationship living as a single housekeeping unit; or
Four (4) or less unrelated persons living as a single housekeeping unit; or
Two (2) unrelated persons, plus their biological, adopted or foster children or other minors for whom they have legally established custodial responsibility, living as a single housekeeping unit.

Domestic servants, employed on the premises, may be housed on the premises without being counted as part of a family. The term family shall not be construed to mean fraternity, sorority, club or institutional group.

Farming or truck gardening: A tract of land cultivated by an owner or tenant for the purpose of supplying provisions or food.

Feedlot: A confined land area for fattening cattle or other animals or temporarily holding such animals for sale or shipping.

Flashing light: A continuously intermittent light or sequential light; but not including animation or lighting that changes the copy of a sign.

Fraternity house: A building maintained exclusively for fraternity members and their quests and affiliated with an academic or professional college, university or other institution of higher learning.

Frontage: All the property fronting on one side of a street between the two nearest intersecting streets, or other natural barriers.

Front lot line: The line of the lot adjacent to the street on interior lots. On corner lots it is the prolongation of the front lot line of an interior lot.

Funeral home: A building used for the preparation of the deceased for burial and display, with ceremonies connected therewith before burial or cremation, but shall not include facilities for cremation.

Garage, private: A detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the premises.

Glare: The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

Greenhouses: A building consisting of glazed frames or sashes, used for the purpose of cultivating plants too tender to endure open air.

Gross floor areas: The gross floor area of an apartment house shall be measured by taking an outside dimension of the apartment building at each floor level excluding, however, the floor area of basements or attics when not occupied as living quarters.

Group home, residential: A single family dwelling in which no more than ten ( 10) people reside, comprised of the following: eight or fewer unrelated mentally or physically handicapped persons, no more than two (2) persons acting as house parents or guardians who need not be related to each other or to any of the handicapped persons residing in the dwelling, and the children of the house parents or guardians.

Guest house: Living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupants of the premises; such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling.

Height: The height of a building or portion of a building shall be measured from the average established grade at the street lot line or from the average natural ground level, if higher; or if no street grade has been established to the highest point of the roofs surface. In measuring the height of a building the following structures shall be excluded: Chimneys, cooling towers, radio towers, ornamental cupolas, domes, or spires, elevator bulk heads, pent houses, tanks, water towers, and parapet walls not exceeding four (4) feet in height.

Home occupation: Same as Customary home occupations.

Hospital: An institution or place where sick or injured patients are given medical or surgical care, whether at public or private expense.

Hospital, animal: An establishment where there are facilities to lodge animals that are being treated by a veterinarian.

Hotel: A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals in which, as a rule, the rooms are occupied singly for hire, in which provision is not made for cooking in any individual apartment, and in which there are more than twelve sleeping rooms.

Hotel apartment: A building or portion thereof designed for or containing both individual guest rooms or suites of rooms and dwelling units.

Impervious surface: Any part of a lot that is covered by buildings, structures, parking areas, driveways, and any other surfaces which reduce or prevent absorption of storm water.

Kennel: Any lot or premises on which four or more dogs, more than four months of age, are kept for commercial purposes.

Loading space: An off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street or other appropriate means of access.

Lot: Land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of these regulations, having not less than the minimum area required by these regulations for a lot in the district in which such land is situated, and having its principal frontage on a street or such other means of access as may be determined in accordance with the provisions of law to be adequate as a condition of the issuance of a building permit or certificate of occupancy for a building on such land.

Lot area: The total horizontal area within the boundary lines of a lot.

Lot, corner: A lot situated at the intersection of two or more streets.

Lot, depth: The horizontal distance between the front and rear lot lines measured along the median between the two (2) side lot lines.

Lot, front of: The front of a lot shall be considered to be that side on the lot that fronts on a street. In the case of a corner lot, the narrowest side fronting on the street shall be considered to be the front of the lot. In case the corner lot has equal frontage on two or more streets, the lot shall be considered to front on that street with the greatest number of lots front.

Lot, interior: A lot other than a corner lot.

Lot lines: The lines bounding a lot as defined herein.

Lot of record: A lot that exists as shown or described on a plat or deed in the records of the County Recorder of Deeds and as approved under Chapter 42, Article II, Subdivisions.

Lot, reversed corner: A corner lot the side street line of which is substantially a continuation of the front lot line of the lot or lots to its rear.

Lot, through or double frontage: A lot having frontage on two parallel or approximately parallel streets.

Lot width: The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lots lines.

Luminaire: A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts.

Manufactured home: See "Mobile home". (Ord. 3748, §1)

Mobile home: A transportable, factory-built home, designed to be used as a year-round residential dwelling containing the same water supply, waste disposal and electrical conveniences as immobile housing.

Motel: An establishment providing transient accommodations on a daily rate to the general public with at least twenty five (25) percent of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

Natural or artificial barrier: Means any river, pond, canal, railroad, levee, embankment, or fence or hedge which prohibits a view of the use from the outside.

Non-conforming building: A building or structure or portion thereof lawfully existing at the time this Article became effective, which was designed, erected, or structurally altered for a use that does not conform with the use regulations of the district in which it is located.

Non-conforming use: A use which lawfully occupied a building or land at the time this article became effective and which does not conform with the use regulations of the district in which it is located.

Nurseries: A place where trees, shrubs, or flowering plants are raised from seed or otherwise in order to be transplanted or propagated for commercial purposes.

Nursing home: An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.

Office, sales: An accessory office to a principal use where sales are primarily generated by telephone or off site by salespersons with only incidental retail sales on site.

Office, retail/warehouse combination: A facility that provides combined office, retail and warehousing facilities for one or more businesses.

Open space: Area included in any side, rear or front yard of any unoccupied space on a lot that is open and unobstructed to the sky except for the ordinary projection of cornices, eaves, porches or decks. Open space does not include driveways, internal streets and other forms of impervious surface. Water bodies that are not subject to public ownership may also be included as open space.

Owner of record: The person, corporation, trustee or other legal entity listed as owner of a premise in the records of the County Recorder of Deeds.

Package liquor store: An establishment where alcoholic beverages are sold for consumption off premises.

Parking space, automobile: Space within a building or a private or public parking area for the parking of one automobile.

Person: Any individual, corporation, association, firm, partnership, institution or other legal entity, singular or plural.

Pick-up facility: A facility typically accessory to a commercial establishment designed solely for the distribution of goods ordered before arriving at the establishment.

Premise: A premise is any tract of land which operates as a functional unit regardless of ownership or the number of lots. When developed, a premise has one or more characteristics including shared parking, common management, common identification, common access, or shared circulation systems.

Principal building or structure: A structure, or group of structures, in which the principal use of a premise is located.

Principal use: The primary or predominant use of a premise.

Print shop: A typically small retail establishment whose principal activity is to provide duplicating or document production services using photocopy, blueprint, word processing or offset printing equipment or small printing presses.

Private club: An organization of persons for special purposes or the support of sports, arts, literature, politics and the like.

Rear lot line: The line of the lot opposite the front lot line.

Rear yard: A space unoccupied except by a building or accessory use as hereinafter permitted, extending the full width of the lot between the main building and the rear lot line. Where there is an alley the depth of the rear yard may be measured from the rear lot line.

Restaurant: An establishment where food and drink is prepared and served for consumption on or off premise. If alcoholic beverages are sold, more than fifty (50) percent of gross income must be derived from the sale of food and non-alcoholic beverages for consumption on premise for the establishment to be classified as a restaurant.

Self-service storage facility: A building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods. (Ord. 3611, §1)

Servants' quarters: An accessory building located on the same lot or grounds with the main building and used as living quarters for servants employed on the premises, not less than fifty percent of his or her time, and not rented or otherwise used as a separate domicile.

Setback lines: Setback lines of a property are those lines that locate the building on a lot with respect to the property lines.

Side line: Any lot line not a front line or a rear line.

Sorority house: A dwelling unit maintained exclusively for sorority members and their guests or visitors and affiliated with an academic or professional college, university or other institution of higher learning.

Story: That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between such floor and ceiling next above it.

Story, half: A story under a gable, hip or gambrel roof, the wall plates of which at least two opposite exterior walls are not more than two feet above the floor of such story, and which has an average height of not more than eight feet and covering a floor area of not more than seventy-five percent of the area of the floor on the story next below.

Street: A public way that extends primary means of access to abutting properties. No street right-of-way in the City of Rolla shall be less than fifty (50) feet in width.

Street, arterial: Those streets that are used primarily for high to moderate speed, high volume, extended trip length between activity centers traffic. Minimum right-of-way width shall be eighty (80) feet with sixty (60) feet required for an industrial arterial.

Street, collector: A street or road primarily for the carrying of traffic from residential streets to the arterial streets and freeways.

Street, freeway: A divided arterial highway for through traffic with full control of access and generally with grade separations at intersections.

Street, minor residential: A street primarily for access to the abutting properties.

Street width: The horizontal distance between the side lines of a street, measured at right angles to the back of the curb or side lines if no curb exists.

Structure: Anything constructed or erected that requires location on the ground or attached to something having a location on the ground.

Tavern: An establishment where fifty (50) percent or more of gross income is derived from the sale of alcoholic beverages for consumption on premise and where the serving of food and non-alcoholic beverages, as well as the sale of package liquors, are accessory activities.

Tea rooms: An establishment used primarily for the serving of non-alcoholic beverages for consumption on premise, with the sale of food as an accessory activity.

Trailer: Any portable or mobile vehicle on wheels, skids, or rollers not structurally anchored to a foundation, either self-propelled, or propelled by an attached vehicle, animal, person or other propelling apparatus, which is used or may be used as living quarters or for commercial hauling and/or storage purposes, and herein referred to as a trailer.

Trailer or mobile home park: Any plot of ground where accommodation is provided for two or more trailer coaches or mobile homes used as living or sleeping quarters.

Use: The purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.

Used car safes yard: An area used for the display and sale of used automobiles in operating condition and where no repair work is done except the minor adjustments of the cars to be displayed or sold on the premises.

Width of side yard: The horizontal distance between that portion of the main building nearest the side property line and the side line of the lot.

Yard: An open space other than a court on the same lot between a building or group of buildings and the nearest lot line and which is unoccupied and unobstructed from the ground upward.

Yard, front: A yard extending across the full width of the lot, between the nearest main building and the front lot line. The depth of the required front yard shall be measured horizontally from the nearest part of the main building to the nearest point of the front lot line.

Yard, rear: A yard extending the full width of the lot, between the nearest main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of the main building to the nearest point of the rear lot line.

Yard, side: An open unoccupied space between the main building and the side line of the lot extending from the front yard to the rear yard. No part of an alley shall be used as part of the side yard. (Ord. 3414)

Zero lot line: The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line. (Ord. 3414; Ord. 3611, §1; Ord. 3748, §1)

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Sec. 42-142. General Provisions.

(a) Permitted Uses: No building or structure shall be built, moved, expanded or enlarged after the effective date of this Article, and no building, structure or land shall be used, occupied or designed for use or occupancy after the effective date of this Article except in a manner that is permitted by this Article. Existing uses authorized as a special use permit may be continued, but shall not be permitted to expand or change use, except to bring the use into compliance with this Article for the respective zoning district.

(b) Lot Size Requirements: Except as permitted in Section 42-247, no building or structure, or part thereof, existing on the effective date of this Article shall be built, moved, expanded or enlarged, and no vacant land as of the effective date of this Article, shall be used, occupied or designed for occupancy:

On a lot which is smaller in area than the minimum lot area required in the zoning district in which the building, structure, or land is located, or
On a lot which is narrower than the minimum required lot width; or
On a lot which is shallower than the minimum required lot depth.

(c) Bulk Regulations: No building or structure, or part thereof, existing at the effective date of this Article, shall be built, moved, expanded or enlarged and no vacant land at the effective date of this Article shall be used, occupied or designed for occupancy:

So as to exceed the maximum lot coverage percentage or the maximum height for the zoning district in which the building or structure is located, or
So as to provide any setback or front, side or rear yards that are less than the requirement specified for the respective zoning district.

(d) Buffer-Yard Requirements: All buildings, structures, and uses shall provide and landscape the buffer-yards required under the requirements of this Article.

(e) Customary Home Occupations: No home occupation shall hereafter be established, altered or enlarged in any residential district unless it is allowed as a use and complies with the conditions and restrictions imposed by Section 42-207.

(f) Accessory Structures or Uses: No accessory building, structure use, as defined in Section 42-204 shall hereafter be built, moved, established or enlarged unless such accessory building, structure or use is permitted.

(g) Signs: No sign shall be built after the effective date of this Article, and no existing sign shall be moved or remodeled, unless such sign complies, or will thereafter comply, with the restrictions imposed by Section 42-244.

(h) Off-Street Parking: No building or structure shall be built or moved after the effective date of this Article unless the minimum off-street parking spaces are provided in accordance with Section 42-239.

(i) Number of structures on a lot: Not more than one (1) principal building shall be located on the same lot in the R-R, R-1, R-2, GI, C-O, C-1, C-2, C-3, CC, M-1 or M-2 zoning districts. In mobile home parks, self-service storage facilities, and in the R-3 Multi-Family District, any number of buildings or structures may be established on a single lot as long as other provisions of this or any other Article of the Rolla City Code is satisfied. (Ord. 3493, §1; Ord. 3611, §2)

(j) Exceptions to Height Regulations: Elevator machinery, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain a building, and fire or parapet walls, skylights, towers (excluding telecommunication towers), steeples, flagpoles, chimneys, and smokestacks are not subject to height limitations. No space above the height limit shall be used to provide additional floor space for the use being conducted on the premises. In addition, separate structures such as water standpipes, water ground storage tanks, or similar structures are exempt from height limitations.

(k) No Public Water or Sewer: No use, which requires potable water or sewerage disposal to operate, shall be established on a parcel of less than three (3) acres, unless both public water and public sewer are provided. (Ord. 3414; Ord. 3493, §1)

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Sec. 42-142.1. Zoning Districts.

The City of Rolla shall be divided into fourteen (14) zoning districts, the location and boundaries of which are shown on the Official Zoning Map, which Map is incorporated in this Article by this reference. The districts include:

1. "R R" Rural Residential District: A zone intended to accommodate low intensity residential uses on lots not less than forty thousand (40,000) square feet in area and to permit certain agricultural activities.

2. "R 1" Single Family District: A zone designed to support single family residential development at a maximum density of seven (7) dwelling units per acre.

3. "R 2" Two Family District: A district designed for single family or two-family dwellings (duplex) at a maximum density of ten (10) dwelling units per acre.

4. "R 3" Multi Family District: A zone designed for multi family dwelling units (apartments) with a maximum density of twenty six (26) dwelling units per acre.

5. "R-3b" Multi-Family District: A zone intended to provide medium density apartment or townhouse-type development at a maximum density of fourteen (14) dwelling units per acre.

6. "RMH" Residential Manufactured Home District: A zone intended to provide standards for the development of residential manufactured home subdivisions or parks.

7. "GI" Government and Institutional District: A zone designed for governmental buildings and uses, including public medical facilities and institutions of higher education.

8. "C-O" Office District: A zone intended for low intensity office development and serving as a transition zone from commercial uses to residential uses.

9. "C-1" Neighborhood Business District: A zone established to accommodate individual retail stores and personal service businesses that offer convenience goods and services normally considered a frequent or even daily necessity for residents of an adjoining neighborhood.

10. "C-2" General Retail District: A zone designed for uses that provide community wide personal and business services, small shopping centers and specialty retail shops.

11. "C-3" Highway Commercial District: A zone designed for businesses that provide essential commercial services and support activities of community and regional significance. These uses depend upon high visibility and convenient sites on arterial streets and near highways to accommodate customers or distribute goods.

12. "Center City District": A zone designed to accommodate the existing unique mix of uses and to encourage private investment in the Rolla Central Business District.

13. "M-1" Light Manufacturing District: A zone designed to accommodate less intensive industrial and warehousing uses that are conducted entirely within a building with no outdoor operations, except storage and display.

14. "M-2" Heavy Manufacturing District: A zone intended to accommodate intensive manufacturing uses that may have adverse impacts on nearby property unless properly located and buffered. (Ord. 3414; Ord. 3748, §2)

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Sec. 42-142.2. Zoning Map and Rules for Interpretation.

(a) Incorporation of Official Zoning Map by Reference: The City of Rolla is hereby divided into the districts as listed in Section 42-141.2. of this Article and as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Article. Such map shall be in triplicate originals, each of which shall bear the signature of the Mayor and attestation of the City Clerk and bearing the Seal of the City. One of said originals shall be hung in the office of the Secretary of the Planning and Zoning Commission. It shall be the duty of the Secretary to keep up to date the originals, showing all changes, additions and amendments thereto and maintaining records of the date of passage by ordinance. Regardless of the existence of copies of the Official Zoning Map that from time to time may be published, the Official Zoning Map shall be located in the office of the Secretary of the Planning and Zoning Commission and this map shall be considered the final authority as to the current zoning status of land and water areas in Rolla.

(b) Rules of Interpretation of District Boundaries: Where uncertainty exists as to the boundaries of zoning districts as shown on the Official Zoning Map, the following shall apply:

Boundaries shown as approximately following the centerlines of streets, highways, or alleys shall be construed to follow centerlines.
Boundaries shown as approximately following platted lot lines shall be construed as following lot lines.
Boundaries shown as following City Limit lines shall be construed as following such City Limits.
Boundaries shown as following railroad lines shall be construed to be midway between the main tracks.
Boundaries shown as following shorelines of bodies of water shall be construed to follow such shorelines, and in the event of change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center lines of streams, ponds, or lakes shall be construed to follow such center lines.
Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by paragraphs (a) through (e) above, the Board of Adjustment shall interpret the district boundaries.

(c) Classification of Vacated Right-of-Way: Whenever any public right-of-way is vacated by official action of the Planning and Zoning Commission and City Council, the zoning district adjoining each side of the vacated right-of-way shall automatically extend to the centerline of the vacated property; or, in the case where all of the vacated right-of-way shall revert to one property, the zoning district of the host property shall extend to the vacated area. (Ord. 3414)

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Sec. 42-142.3. Annexations.

All territory which may hereafter be annexed into the City of Rolla shall be considered zoned in the most restrictive classification consistent with the property use and the Comprehensive Plan unless the City Council or the applicant designates otherwise prior to the annexation. (Ord. 3414)

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Sec. 42-142.4. Separability.

It is hereby declared to be the intention of the City Council that the several provisions of this Article are separable, in accordance with the following rules:

(a) If any court of competent jurisdiction shall adjudge any provision of this Article to be unconstitutional, invalid, or illegal, such judgment shall not affect any other provisions of this Article.

(b) If any court of competent jurisdiction shall adjudge the application of any provision of this Article to a particular property, building or structure to be unconstitutional, invalid, or illegal, such judgment shall not affect the application of said provision to any other property. (Ord. 3414)

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Sec. 42-142.5. Penalties.

Any person violating or failing to comply with any provisions of this Article shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than three hundred (300) dollars, per day, for each day of noncompliance. (Ord. 3414)

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Sec. 42-142.6. Effective Date.

This Article shall be in full force and effect as Chapter 42, Article III, Rolla City Code, from and after its passage and approval in the manner required by law. (Ord. 3414)

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Secs. 42-143 to 42-167. Reserved.

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DIVISION 2. ''R-R" RURAL RESIDENTIAL DISTRICT

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Sec. 42-168. Purpose of the Rural Residential District.

This District is composed of those areas of the city whose principal use is large lot single-family and agricultural uses. The regulations are designed to ensure harmony between the primary uses of this District. (Ord. 3414)

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Sec. 42-168.1. Uses Permitted.

(1) Single family-dwellings with no more than one dwelling per lot.

(2) Golf courses, country clubs and other such membership clubs occupying an area of not less than forty (40) acres. Miniature golf and driving ranges are excluded as permitted uses.

(3) Family child care homes for child, provided that no more than ten (10) children not related to the operator shall be kept at any one time, in accordance with Section 42-222.

(4) Churches and other places of worship.

(5) Customary home occupations, in accordance with Section 42-207.

(6) Accessory structures and uses, in accordance with Section 42-204.

(7) Residential group homes, in accordance with Section 42-224.

(8) Noncommercial, private not-for-profit residential neighborhood facilities, including indoor and outdoor recreational facilities, community centers, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or property owners association, in accordance with Section 42-214.

(9) Adult day care home, designed to provide care and supervision to meet the needs of eight (8) or fewer functionally impaired adults. (Ord. 3414; Ord. 3517, §2; Ord. 3748, §3)

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Sec. 42-168.2. Conditional uses that may be permitted by the Planning and Zoning Commission and the City Council in accordance with Section 42-234.

(1) Parks, camp areas, recreation areas, arenas, or resorts owned by private organizations.

(2) Private utilities.

(3) Nursing homes.

(4) Cemetery on ten (10) acres or more.

(5) Medical institutions, such as hospitals.

(6) Veterinarian services, animal hospitals and kennels.

(7) Customary agricultural activities.

(8) Bed and breakfasts, in accordance with Section 42-235. (Ord. 3414)

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Sec. 42-168.3. Area Requirements.

Minimum size of lot:

Area: 40,000 square feet.

Lot frontage: 150 feet at front lot line.

Width: 150 feet at building line.

Maximum percentage of lot that may be occupied by buildings:

All buildings 25 percent

Maximum height of buildings:

35 (thirty five) feet (two stories).

Minimum setback dimensions:

Front yard: 35 feet measured from front lot line

Side yard: 25 feet measured from side lot line

Rear yard: 50 feet measured from rear lot line

(Ord. 3414)

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Secs. 42-169 to 42-170. Reserved.

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DIVISION 3. "R-1" SINGLE FAMILY DISTRICT

Sec. 42-171. Purpose of Single Family Residential District.

This District is intended to promote and preserve urban single-family residential development at a maximum density of approximately seven (7) building lots per acre. The principal land use is the single-family dwelling. Certain other uses necessary to serve governmental, educational, religious, recreational and other needs are allowed as conditional uses subject to restrictions intended to protect the single-family character of the District. Internal stability, harmony, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities as well as by considering the functional relationship between permitted uses in the District. (Ord. 3414)

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Sec. 42-171.1. Uses Permitted.

(1) Single-family dwellings with no more than one dwelling per lot.

(2) Churches and other places of worship.

(3) Privately owned and operated golf courses, country clubs and other such membership clubs occupying an area of not less than forty (40) acres. Miniature golf and driving ranges are excluded as permitted uses.

(4) Noncommercial, private not-for-profit residential neighborhood facilities, including indoor and outdoor recreational facilities, community centers, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or property owners association, in accordance with Section 42-214.

(5) Customary home occupations, in accordance with Section 42-207.

(6) Accessory structures and uses, in accordance with Section 42-204

(7) Residential group homes, in accordance with Section 42-224.

(8) Family child care homes for children, provided that no more than ten (10) children not related to the operator shall be kept at any one time, in accordance with Section 42-222.

(9) Adult day care home, designed to provide care and supervision to meet the needs of eight (8) or fewer functionally impaired adults.

(Ord. 3414; Ord. 3517, §3; Ord. 3748 §3.)

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Sec. 42-171.2. Conditional uses that may be permitted by the Planning and Zoning

Commission and the City Council in accordance with Section 42-234.

(1) Private utilities.

(2) Nursing homes.

(3) Cemetery on ten (10) acres or more.

(4) Medical and healthcare services including massage therapy, physician, dentist, chiropractor, optometrist, mental healthcare practitioners, other healthcare practitioners offices, and outpatient care facilities, except animal hospitals, clinics or sanitariums for contagious, mental, drug or liquor addict cases.

(5) Bed and breakfasts, in accordance with Section 42-235.

(Ord. 3414; Ord. 3517, §4; Ord. 3748, §5)

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Sec. 42-171.3. Area Requirements.

Minimum size of lot:

Area: 6,000 square feet.

Lot frontage: 40 feet at front lot line.

Width: 60 feet at front lot line.

Maximum percentage of lot that may be occupied by buildings:

All buildings: 40 percent for lots under 12,000 sq. ft. in area.

All buildings: 25 percent for lots over 12,000 sq. ft. in area.

Maximum height of buildings:

35 (thirty five) feet (2 stories ).

Minimum setback dimensions:

Front yard: 25 feet, measured from front lot line.

Each side yard: 5 feet, measured from side lot line.

Rear yard: 10 feet, measured from rear lot line.

Corner lots: See Sec

Chapter 42 - Planning & Zoning: Article III - Zoning

Chapter Contents:

DIVISION 1. TITLE, PURPOSE, DEFINITIONS, GENERAL PROVISIONS

DIVISION 2. "R-R" RURAL RESIDENTIAL DISTRICT

DIVISION 3. "R-1" SINGLE FAMILY DISTRICT

DIVISION 4. "R-2" TWO FAMILY DISTRICT

DIVISION 5. "R-3" MULTI-FAMILY DISTRICT

SUBDIVISION II. "R-3b" MULTI-FAMILY DISTRICT

SUBDIVISION III. "RMH" RESIDENTIAL MANUFACTURED HOME DISTRICT

DIVISION 6. "G1" GOVERNMENT AND INSTITUTIONAL DISTRICT

DIVISION 7. "C-O" OFFICE DISTRICT

DIVISION 8. "C-1" NEIGHBORHOOD BUSINESS DISTRICT

DIVISION 9. "C-2" GENERAL RETAIL DISTRICT

DIVISION 10. "C-3" HIGHWAY COMMERCIAL DISTRICT

DIVISION 11. "CC" CENTER CITY DISTRICT

DIVISION 12. "M-1" LIGHT MANUFACTURING DISTRICT

DIVISION 13. "M-2" HEAVY MANUFACTURING DISTRICT

DIVISION 14. "PUD" PLANNED UNIT DEVELOPMENT DISTRICT

DIVISION 15. SUPPLEMENTAL REGULATIONS

DIVISION 16. CONDITIONAL USE PERMITS

DIVISION 17. OFF STREET PARKING

DIVISION 18. SIGNS

DIVISION 19. NON-CONFORMING BUILDING AND USE REGULATIONS

DIVISION 20. CHANGES AND AMENDMENTS

DIVISION 21. ADMINISTRATION, ENFORCEMENT AND REVIEW

DIVISION 22. AMENDMENTS TO THE OFFICIAL ZONING DISTRICTS MAP

SUBDIVISION I. USE PERMITS

SUBDIVISION II. PLANNED UNIT DEVELOPMENTS

SUBDIVISION III. REZONING

DIVISION 1. TITLE, PURPOSE, DEFINITIONS, GENERAL PROVISIONS

Sec. 42-138. Title and Purpose.

Sec. 42-139. Regulated Activities.

Sec. 42-140. Rules of Interpretation.

Sec. 42-141. Definitions.

Sec. 42-142. General Provisions.

Sec. 42-142.1. Zoning Districts.

Sec. 42-142.2. Zoning Map and Rules for Interpretation.

Sec. 42-142.3. Annexations.

Sec. 42-142.4. Separability.

Sec. 42-142.5. Penalties.

Sec. 42-142.6. Effective Date.

Secs. 42-143 to 42-167. Reserved.

DIVISION 2. ''R-R" RURAL RESIDENTIAL DISTRICT

Sec. 42-168. Purpose of the Rural Residential District.

Sec. 42-168.1. Uses Permitted.

Sec. 42-168.2. Conditional uses that may be permitted by the Planning and Zoning Commission and the City Council in accordance with Section 42-234.

Sec. 42-168.3. Area Requirements.

Secs. 42-169 to 42-170. Reserved.

DIVISION 3. "R-1" SINGLE FAMILY DISTRICT

Sec. 42-171. Purpose of Single Family Residential District.

Sec. 42-171.1. Uses Permitted.

Sec. 42-171.2. Conditional uses that may be permitted by the Planning and Zoning

Sec. 42-171.3. Area Requirements.