This Title shall be officially known and cited as the "Zoning Regulations Ray County, Missouri." For convenience, it may be referred to simply as the "Zoning Regulations."
These Zoning Regulations are adopted pursuant to the powers granted and limitations imposed by the Constitution and laws of the State of Missouri, including the statutory authority conferred by Article 64 of the Revised Statutes of Missouri.
These Zoning Regulations shall apply to all development, public and private, within unincorporated Ray County. All structures and land uses constructed or commenced hereafter and all enlargements of, additions to, changes in and relocations of existing structures and uses occurring hereafter shall be subject to these Zoning Regulations.
These Zoning Regulations shall replace all Articles, Amendments and Ordinances of the Zoning Regulations of Ray County, Missouri, that existed before June 10, 2005.
It shall be unlawful to conduct any development or construct any structure until:
(1) all applicable development review and approval processes have been followed;
(2) all applicable approvals have been obtained; and
(3) all required permits or authorizations to proceed have been issued.
Violations will be processed according to Article 140 of these Zoning Regulations.
The standards of these Zoning Regulations are minimum requirements. The issuance of any permit, certificate or approval in accordance with the standards and requirements of these Zoning Regulations shall not relieve the recipient of the responsibility for complying with all other applicable requirements of any other county, state or federal agency.
These Zoning Regulations is adopted to promote the public health, safety and general welfare of residents and visitors to Ray County. More specifically, the regulations are intended to:
A. implement the Ray County Comprehensive Plan;
B. preserve and protect land, air, water, environmental resources and property values;
C. divide the unincorporated area of the county into zoning districts regulating land use and intensity of development;
promote land use patterns that ensure efficiency in service provision as well as wise use of fiscal resources and government expenditures;
regulate the type and intensity of development;
F. protect the public from fire, flood and other dangers;
G. protect and maintain the county's unique and irreplaceable natural resources and Agricultural land;
H. preserve open space, clean air, groundwater recharge and wildlife;
I. direct the timely and orderly development of Ray County; and
J. assure adequate light and air is available in developed areas.
These Zoning Regulations has been prepared in accordance with the county's Comprehensive Plan. It is intended that decisions made pursuant to these Zoning Regulations will implement and be consistent with the Comprehensive Plan.
A. An amendment to the text of these Zoning Regulations shall be considered consistent with the Comprehensive Plan if it complies with the goals and policies stated in the Plan. A zoning district map amendment shall be considered consistent with the Comprehensive Plan if the map amendment complies with the goals and policies stated in the Plan.
B. Developments that have been legally established under regulations that predate this edition of the Zoning Regulations shall not be deemed inconsistent with the Comprehensive Plan.
Commentaries are included in these Zoning Regulations whenever necessary to clarify the intent of a specific provision. These commentaries are a guide for administrative officials and the public to use in interpreting and understanding the Zoning Regulations.
All provisions, terms, phrases and expressions contained in these Zoning Regulations shall be construed according to the Purpose and Intent set out in Article 10.7. Also see Article 150.1.
In case of any difference of meaning or implication between the text of these Zoning Regulations and any heading, drawing, table, figure, or illustration, the text shall control.
Unless otherwise specifically indicated, lists of items or examples that use terms such as "including," "such as," or similar language are intended to provide examples; not to be exhaustive lists of all possibilities.
References to days are to Ray County workdays unless otherwise stated. The time in which an act is to be done shall be computed as follows:
periods of time of 7 days or less are inclusive of all days except Saturdays, Sundays and holidays observed by the county;
periods of time of more than 7 days are inclusive of all days.
Whenever reference is made to a resolution, ordinance, statute, regulation, or document, that reference shall be construed as referring to the most recent edition of such regulation (as amended), resolution, ordinance, statute, regulation, or document or to the relevant successor document, unless otherwise expressly stated.
Whenever a provision appears requiring the head of a department or another officer or employee of the county to perform an act or duty, that provision shall be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority.
Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
All public officials, bodies, and agencies to which references are made are those of Ray County, unless otherwise expressly stated.
The words "shall," "will," and "must" are mandatory. The words "may" and "should" are advisory and discretionary terms.
Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:
"And" indicates that all connected items, conditions, provisions, or events apply; and "Or" indicates that one or more of the connected items, conditions, provisions, or events may apply.
Words used in one tense (past, present, or future) include all other tenses, unless the context clearly indicates the contrary. The singular includes the plural, and the plural includes the singular.
The boundaries of the zoning districts established by these Zoning Regulations are shown on a map or series of maps designated as the official "Zoning District Map," which together with all legends, symbols, notations, references, district boundaries, and other information thereon, is adopted and made a part of these Zoning Regulations as fully as if it were set out herein in detail.
Original copies of the Zoning District Map, which shall constitute the official record, are maintained in the office of the Planning and Zoning Administrator. In case of any dispute regarding the zoning classification of property subject to these Zoning Regulations, the maps maintained by the Planning and Zoning Administrator shall control.
Changes in the boundaries of any zoning district shall be reflected on the Zoning District Map promptly upon approval of the amendment by the County Commission. All amendments to the Zoning District Map shall be signed and attested to by the Planning and Zoning Administrator.
The following rules shall apply in the determination of the boundaries of any district shown on the Zoning District Map.
Wherever a site is divided by a zoning district boundary, the zoning regulations applicable within each district shall apply to each portion of the site situated in a separate district.
Where boundaries approximate street and alley lines or other identifiable property or boundary lines, such lines shall be construed to be the district boundary. Where such boundaries are shown as being within street and alley lines or within identifiable rights-of-way or creeks, the centerline thereof shall be construed to be the district boundary.
Where a district boundary divides a non-subdivided parcel, the location of the district boundary shall be determined by the use of the scale appearing on the Zoning District Map unless indicated by dimensions.
Map codes or symbols indicating the classification of property on the Zoning District Map apply to the entire area within the district boundaries.
Where a street, alley or right-of-way is officially vacated or abandoned, the zoning designation of the abutting property shall apply to the centerline of the vacated or abandoned street, alley or right-of-way.
Should any uncertainty remain about the location or meaning of a boundary indicated on the Zoning District Map, the uncertainty shall be resolved by the Planning and Zoning Administrator, whose decision may be appealed to the Board of Zoning Adjustment.
If the provisions of these Zoning Regulations are inconsistent with those of the state or federal government, the more restrictive provision will control, to the extent permitted by law.
If the provisions of these Zoning Regulations are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the county, the more restrictive provision will control.
These Zoning Regulations is not intended to abrogate, annul, or otherwise interfere with any easement, covenant, or other private agreement or legal relationship. The county is responsible for enforcing these Zoning Regulations; it does not enforce private agreements.
Any violation of the previous zoning, subdivision or sign regulations of the county shall continue to be a violation under these Zoning Regulations and shall be subject to penalties and enforcement under Article 140, unless the use, development, construction or other activity is consistent with the express terms of these Zoning Regulations, in which case enforcement action shall cease, except to the extent of collecting penalties for violations that occurred before June 10, 2005.
Completion of Development
1. Applications Submitted Before June 10, 2005.
Any building, development or sign for which a complete application was submitted to the county before June 10, 2005 and pending approval on June 10, 2005 may, at the applicant's option, be reviewed wholly under the terms of the county's previous Zoning Regulations, zoning or subdivision regulations. If approved, such projects may be carried out in accordance with the development standards in effect at the time of application. Any re-application for an expired permit shall meet the standards in effect at the time of re-application.
2. Permit Issued before June 10, 2005
Any building, development or sign for which a permit was duly issued before June 10, 2005 may be completed in conformance with the issued permit and other applicable permits and conditions, even if such building, development or sign does not fully comply with provisions of these Zoning Regulations. If construction is not commenced or completed in accordance with the applicable permit terms, the County Commission may, for good cause shown, grant not more than 1 extension of up to 6 months for such construction. If the building is not completed in a timely manner, within the time allowed under the original permit or any extension granted, then the building, development or sign may be constructed, completed or occupied only in strict compliance with the requirements of this development code.
3. Plats Approved Before June 10, 2005
Any subdivision for which a preliminary or final plat was approved before June 10, 2005 may be recorded in accordance with the approved plat and other applicable permits and conditions, even if the subdivision does not fully comply with the provisions of these Zoning Regulations. If the subdivision is not recorded within the time requirements established by prior ordinance or resolution or within any schedule included in the approval of the plat, the County Commission may, for good cause shown, grant 1 extension of not more than 1 year for the recordation of such subdivision. If the subdivision is not recorded within the time required under the original approval or any extension that may be granted, then the subdivision may be recorded and buildings therein constructed and used only in strict compliance with the requirements of these Zoning Regulations.
C. Zoning District Name Conversions
The zoning district names in effect before June 10, 2005 remain the same after June 10, 2005.
D. Conditional Uses
Any use that was legally established before June 10, 2005 without a Conditional Use Permit and which after June 10, 2005 would require a Conditional Use Permit, shall not be deemed a nonconforming use but rather shall be deemed to possess a Conditional Use Permit (without following the procedures of Article 30.9). This provision shall not apply to mobile homes or manufactured housing units.
A. If any Court of competent jurisdiction rules any provision of these Zoning Regulations invalid, that ruling shall not affect any Zoning Regulations provision not specifically included in the judgment.
B. If any Court of competent jurisdiction rules invalid the application of any provision of these Zoning Regulations to a particular property, building, or other structure, or use, that ruling shall not affect the application of the Zoning Regulations provisions to any property, building, other structure, or use not specifically included in the judgment.