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Article 60 - Use Regulations

60.1 Use Table

The following table summarizes the principal use regulations of the Zoning Regulations' base zoning districts. In the event of conflict between this table and the standards listed in Article 40.3 through Article 40.15, the Use Table shall control.

Uses Permitted By-Right

A "P" indicates that a use category is allowed by-right in the respective zoning district, subject to compliance with all other applicable regulations of these Zoning Regulations.

Conditional Uses

A "C" indicates that a use category is allowed only if reviewed and approved as a conditional use, in accordance with the Conditional Use Permit procedures of Article 30.8 and subject to all other applicable standards of these Zoning Regulations.

Uses Subject to Specific Standards

A number in the final ("Use Standards") column indicates that the listed use type is subject to use-specific standards in one or more of the districts in which the use is allowed. The number provides a cross-reference to the use-specific standards.

Uses Not Allowed

A blank cell indicates that a use type is not allowed in the respective zoning district, unless it is otherwise expressly allowed by other regulations of these Zoning Regulations.

New or Unlisted Uses

If an application is submitted for a use type that is not listed as an allowed use in one or more zoning districts, the Planning and Zoning Administrator shall be authorized to make a similar use interpretation in accordance with Article 30.12. In the event that a similar use interpretation cannot be made, the proposed use type shall be allowed as a conditional use in the I-1 district and as a use permitted by-right in the I-2 district.

Table 60-1: Zoning District Use Standards

60.2 Use Standards

A. Accessory Dwelling Units

Accessory dwelling units are subject to the following standards:

1. Only one accessory dwelling unit per lot is permitted
2. The unit must be clearly subordinate to the principal dwelling
3. The unit may be attached or detached from the principal dwelling
4. Maximum size shall not exceed 800 square feet or 50% of the floor area of the principal dwelling, whichever is less

B. Accessory Structures

Accessory structures shall be subordinate to the principal structure in size and function and shall comply with applicable setback requirements.

C. Animals, Domestic

1. Domestic animal means any animal that is livestock, a companion animal, or both.

   • a. Livestock means any animal commonly used by persons for use, draft or pleasure purposes. The definition of livestock includes but is not limited to: poultry, cattle, buffalo, swine, sheep, goats, horses, mules, emus, ostriches, elk, alpaca and llamas.

2. Large animal standards equal no more than an average of 1 adult plus 1 young under 6 months. This standard applies to cattle, horses, mules, emus, and the like, but not to chickens and other small domestic animals.

3. Livestock is permitted on lots 3 acres or larger in size.

4. Companion animal means any animal that is commonly kept by persons as a pet for companionship. The definition of companion animal includes but is not limited to: domesticated dogs and domesticated cats.

5. Companion animals are limited to 3 domesticated dogs per household over six months of age, 4 domesticated cats over six months of age per household, and 1 horse plus 1 foal per acre in all residential zones. Horses and other such large animals are only allowed on lots of 3 acres or larger.

6. The number of companion animals is not limited by code on agricultural (R-A) zoned land.

D. Animals, Exotic/Dangerous/Wild

1. Exotic/dangerous/wild animal means any animal that is not normally domesticated in the United States or is wild by nature. Exotic animals include, but are not limited to any or all of the following orders and families, whether bred in the wild or in captivity, and also any or all of their hybrids with domestic species.

2. It shall be unlawful for any person to own, possess, keep, harbor, bring, or have in one's possession an exotic animal(s) within unincorporated Ray County.

3. Exemptions include:

   • Institutions accredited by the American Zoo and Aquarium Association
   • Licensed Humane Societies
   • Licensed veterinary hospitals or clinics
   • Any wildlife rehabilitator, licensed by the Missouri Department of Conservation

E. Animal Production

Animal production and accessory raising of farm animals shall be allowed only on lots or parcels having a minimum area of at least 19 acres, provided that all buildings used to house such farm animals are set back at least 100 feet from the front property line and at least 50 feet from side and rear property lines.

F. Antennas and Towers (Amateur)

Amateur antennas and towers are permitted in R-A and R-1, and may be approved through applying for a Conditional Use Permit in R-1A and R-1B zones. These antennas are specific to recreational transmission such as "Ham Radios," with evidence of federal licenses and permits, and may not be used for commercial purposes.

G. Antennas and Towers (Commercial)

1. Federal Requirements - All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency or department of the federal government with the authority to regulate towers and antennas.

2. Abandoned Towers - Any tower that is no longer in use for its original communications purpose shall be removed at the owner's expense.

3. Separation from Existing Towers - Commercial towers shall maintain minimum separation distances from existing towers as established by applicable federal regulations.

4. Permitted Districts - Commercial towers are allowed by a Conditional Use Permit in R-A, B-2, I-1 and I-2 zones only.

H. House, Attached

Attached houses (townhouses) shall comply with applicable building codes and fire safety requirements for attached residential construction.

I. Aviation & Surface Transportation

Aviation and surface transportation facilities shall comply with all applicable state and federal regulations and shall not create adverse impacts on adjacent properties.

J. Industrial Service/Yard

Industrial service yard operations shall be conducted entirely within enclosed buildings or screened outdoor areas to minimize impacts on adjacent properties.

K. Bed and Breakfast (B&B)

Bed and breakfast establishments shall be operated by the resident owner and shall not exceed 5 guest dwelling units.

L. Cabins

Cabin rentals shall comply with applicable health department regulations and shall not exceed 10 cabins per establishment.

M. Campground/Recreational Vehicle Park

Campground and RV park facilities shall provide adequate utilities, sanitary facilities, and emergency access as required by applicable regulations.

N. Communication Towers, Commercial

Commercial communication towers shall be designed to accommodate multiple users and shall include provisions for tower removal upon abandonment.

O. Manufacturing and Production

Manufacturing and production facilities shall comply with all applicable environmental regulations and shall not create nuisances affecting adjacent properties.

P. Motorcycle Tracks

Private motorcycle tracks shall be limited to daylight hours of operation and shall include adequate sound attenuation measures.

Q. Multi-Unit Housing

Multi-unit housing developments shall comply with applicable design standards and shall provide adequate parking, open space, and utility infrastructure.

R. Recreational Equipment Storage

Recreational equipment storage facilities shall be fully enclosed or adequately screened from adjacent properties.

S. Resource Extraction

Resource extraction operations shall comply with applicable state regulations and shall include reclamation plans for disturbed areas.

T. Shooting Range/Firearm Sales

Indoor shooting ranges and firearm sales establishments shall comply with all applicable safety and noise regulations.

U. Utility & Stock Trailer Sales

Utility and stock trailer sales lots shall provide adequate parking and display areas and shall comply with applicable screening requirements.

V. Vehicle Repair/Veterinary Services

Vehicle repair facilities and veterinary clinics shall provide adequate parking and shall conduct operations to minimize impacts on adjacent properties.

W. Animal Services/Kennel

Animal service facilities and kennels shall comply with health department requirements and shall provide adequate sound attenuation for adjacent residential areas.

60.3 Accessory Uses

Permitted uses and approved conditional uses shall be deemed to include accessory uses and activities that are necessarily and customarily associated with, and appropriate, incidental, and subordinate to the principal use. All interpretations regarding allowed accessory uses shall be made by the Planning and Zoning Administrator.

A. Accessory Dwelling Units

1. Accessory dwelling units that are never rented (e.g. 'mother-in-law' apartments, guest suite, guest house, maid's quarters) are permitted in R-A, R-1, and R-1A districts and may be allowed in all other zoning districts through a Conditional Use Permit.

2. An accessory dwelling unit may be incorporated within the principal structure or may be a separate unit located within 100 feet of the principal structure.

3. No more than 1 accessory dwelling unit shall be allowed on any lot or parcel.

B. Accessory Structures

All accessory structures shall be subordinate to the principal structure and shall comply with applicable setback and height requirements.

C. Guest Houses

1. Private guest houses are permitted as accessory uses in residential districts
2. Guest houses for rent are permitted only where specifically indicated in the Use Table
3. Guest houses shall not contain cooking facilities unless specifically approved

D. Home Occupations

Home occupations are permitted as accessory uses in residential districts, subject to applicable performance standards that ensure compatibility with residential character.

E. Fences

Except as otherwise expressly provided in other county codes or regulations, fencing regulations apply throughout the county.

F. Swimming Pools and Hot Tubs

1. Outdoor swimming pools, hot tubs and spas should be enclosed by a fence or wall with a self-latching gate.
2. The fence or wall should have a minimum height of 36 inches.
3. Swimming pools, hot tubs and spas shall be setback at least 5 feet from all side and rear property lines, as measured from the water's edge.

G. Solar Collectors

Solar collectors shall be permitted provided that the following performance standards are met:

1. Roof-mounted residential building solar collectors located on front or side building roofs visible from the public right-of-way shall not extend above the peak of the roof plane where it is mounted and no portion of any such solar collector shall extend more than 24 inches as measured perpendicularly to the roof at the point where it is mounted.

2. Roof-mounted residential building solar collectors located on the rear or interior side building roofs shall not extend above the peak of the roof plane where it is mounted and no portion of any such solar collector shall extend more than four feet as measured perpendicularly to the roof at the point where it is mounted.

3. Ground-mounted solar collectors shall not exceed 8 feet in total height and shall be located within the rear yard at least 12 feet inside the property lines.

4. All utility service lines serving a ground-mounted solar system shall be located underground.

5. Any system incorporated into a nonresidential building shall be integrated into the basic form and main body of the building. If roof mounted, all collector panels shall fit into the form of the roof; if the building's roof is sloped or if "rack" mounting is used on a flat roof, the mounting must be concealed from view at street level.

6. Roof mounted solar energy systems mounted on accessory or detached buildings are allowed on detached garages or swimming pool equipment buildings. Detached greenhouses are also acceptable. No freestanding panels or panel racks shall be allowed.

7. If an active solar or photovoltaic solar system is utilized, all components servicing the collector panels shall be concealed including mechanical piping, electrical conduits, and the like.

8. All exposed metal, including the framework of active collector panels or exposed mullions and framework of passive systems shall be colored to visually blend into the surroundings.

60.4 Temporary Uses

The following temporary uses may be allowed in any zoning district, subject to the standards of this Article. Unless otherwise expressly stated, no temporary use shall be established until the Planning and Zoning Administrator has issued a temporary use permit for the use.

A. Street Sales

The outdoor retail sale of merchandise shall be allowed for a period not to exceed 3 consecutive days. No more than 2 street sales shall be allowed per calendar year.

B. Holiday Sales

Holiday sales (such as Christmas trees and pumpkins) shall be allowed in nonresidential zoning districts for a period not to exceed 60 days.

C. Contractor's Office

Contractor's offices, security and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project shall be allowed only during the duration of construction, and must be removed from the site within 30 days after a Certificate of Occupancy is issued.

D. Real Estate Office

Real estate offices (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incidental to new housing developments shall be allowed only until the sale or lease of all dwelling units in the development.

E. Seasonal Sales

Seasonal sale of farm produce in R-A or R-1 districts shall be allowed when the items offered for sale have been grown on the premises on which it is to be sold.

F. Carnival or Circus

1. A carnival or circus may be allowed as a temporary use, but only on a site abutting a paved road that is zoned R-A, R-1, S&O, B-1, B-2, I-1, and I-2 or is located in a public park.
2. The temporary use shall not exceed 2 weeks.
3. Carnival and circus permits shall be approved by resolution of the County Commission.

G. Garage, Yard and Rummage Sales

The sale of personal items on an infrequent basis at a residential use shall be allowed as a temporary use. Such sales shall be limited to no more than 3 days in any 1-month period and shall not be conducted within any public right-of-way. No temporary use permit shall be required.

H. Fireworks Sales

1. Fireworks sales may be allowed as a temporary use if a permit for such sales is obtained from the Planning and Zoning Administrator.
2. Such uses shall be allowed only in R-A, R-1, S&O, B-1, B-2, I-1, or I-2 Districts and for a time period not to exceed 15 days.
3. Compliance with all applicable state regulations (RSMo 320) shall be required.

I. Temporary Use of Manufactured Buildings

1. Manufactured housing may be used for a period not to exceed 180 days when a natural disaster requires temporary shelter and only when approved by resolution of the County Commission.
2. The County Commission may grant extensions of time at the end of the 180-day period if they determine that an extension of time is necessary to allow construction of permanent structures.

N. Communication Towers, Commercial

Commercial communication towers shall be designed to accommodate multiple users and shall include provisions for tower removal upon abandonment.

O. Manufacturing and Production

Manufacturing and production facilities shall comply with all applicable environmental regulations and shall not create nuisances affecting adjacent properties.

P. Motorcycle Tracks

Private motorcycle tracks shall be limited to daylight hours of operation and shall include adequate sound attenuation measures.

Q. Multi-Unit Housing

Multi-unit housing developments shall comply with applicable design standards and shall provide adequate parking, open space, and utility infrastructure.

R. Recreational Equipment Storage

Recreational equipment storage facilities shall be fully enclosed or adequately screened from adjacent properties.

S. Resource Extraction

Resource extraction operations shall comply with applicable state regulations and shall include reclamation plans for disturbed areas.

T. Shooting Range/Firearm Sales

Indoor shooting ranges and firearm sales establishments shall comply with all applicable safety and noise regulations.

U. Utility & Stock Trailer Sales

Utility and stock trailer sales lots shall provide adequate parking and display areas and shall comply with applicable screening requirements.

V. Vehicle Repair/Veterinary Services

Vehicle repair facilities and veterinary clinics shall provide adequate parking and shall conduct operations to minimize impacts on adjacent properties.

W. Animal Services/Kennel

Animal service facilities and kennels shall comply with health department requirements and shall provide adequate sound attenuation for adjacent residential areas.